Live Nation Class Action Says Ticket Prices Are Deceptively Advertised

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Live Nation Worldwide Inc. and Live Nation Marketing Inc. have been hit with a class action lawsuit accusing them of deceptively advertising concert tickets at a certain price and selling them at a higher price.

According to the Live Nation class action lawsuit, plaintiff David Himber visited the Live Nation website in order to purchase three tickets to a Rascal Flatts concert that was to take place at Nikon at Jones Beach Theatre in Wantagh, N.Y., on Sept. 1, 2016.

Tickets to the concert were listed at $49.50 each, but there was a $15.25 per ticket fee for purchasing the tickets online, Himber alleges.

In order to avoid the surcharge for purchasing tickets online, Himber says he decided to visit the box office, which was only 20 minutes away.

According to the Live Nation ticket pricing class action lawsuit, Himber was charged $55.50 per ticket at the box office even though the price of each ticket was $49.50.

Himber says there was no indication on the Live Nation website that there would be a $6 charge for purchasing tickets at the box office. “Since it is impossible to avoid a charge of at least $6 for purchasing a ticket, the true price of each ticket was $55.50,” the Live Nation class action lawsuit states.

Himber has included in the Live Nation class action lawsuit copies of a page of the Live Nation website indicating that a standard ticket for the Rascal Flatts concert cost $49.50 each. He also includes photocopies of the concert tickets which list the price of admission to the concert as $55.50, not $49.50 as listed on the website.

This practice of adverting tickets at a lower price and adding extra fees at the time of sale is not unique to tickets purchased for shows at the Nikon at Jones Beach Theatre, according to the Live Nation ticket pricing class action lawsuit. Himber alleges the same “deceptive and injurious” policy and practice is used at other entertainment venues that are operated by Live Nation. He claims that these practices violate New York law.

By filing the Live Nation class action lawsuit, Himber seeks to represent a Class of consumers who, in the last three years, paid Live Nation an amount in excess of the ticket price that was listed on the Live Nation website when they purchased the tickets at the box office.

Himber estimates that there are potentially thousands of Class Members who are eligible to participate in this Live Nation class action lawsuit.

The Live Nation ticket pricing class action lawsuit seeks actual damages, statutory damages of $50 per ticket and/or at least $500 per purchase, attorneys’ fees, litigation expenses, injunctive relief, and other expenses deemed proper by the court.

Himber is represented by Abraham Kleinman of Kleinman LLC and Tiffany N. Hardy of Edelman Combs Latturner & Goodwin LLC.

The Live Nation Ticket Pricing Class Action Lawsuit is David Himber v. Live Nation Worldwide Inc., et al., Case No. 2:16-cv-05001, in the U.S. District Court for the Eastern District of New York.