Lightning in a Bottle tickets should be refunded after the music festival was canceled, according to a recent class action lawsuit.
Lightning in a Bottle is a music festival hosted during the month of May in Central California. The festival, which hosts a variety of electronic dance artists, reportedly started as only an 800 person event in 2004. Since then, the event has reportedly grown tremendously in popularity and scope – now attracting more than 25,000 guests.
With a growing event, host Do Lab Inc. has reportedly adapted the way it runs Lightning in a Bottle. Before, the company would rent space to host their event and hire food and service vendors. Now, the company reportedly takes care of these services themselves. As a result, their revenue has expanded from ticket sales to include the sale of food, drink, alcohol, upscale camping, RV passes, merchandise, showers and more.
Unfortunately, with the coronavirus outbreak sweeping the nation, Lightning in a Bottle 2020 was canceled in March.
Have you been denied a refund for Lightning in a Bottle festival tickets or other event expenses? Get legal help by clicking here.
However, unlike other event companies who have been forced to cancel their events due to the COVID-19 pandemic, Do Labs has allegedly refused to refund any purchases related to the event.
Plaintiff Tessa Nesis’ recent Lightning in a Bottle class action lawsuit argues that Do Lab and its owners, Jason “Dede” Flemming, Jesse Flemming and Josh Flemming, are “greedily and steadfastly” holding on to money from tens of thousands of attendees.
Allegedly, the company has cheated consumers out of refunds through their “unconscionable and illusory” refunds and exchanges policy.
The Lightning in a Bottle class action claims that the policy states “all sales are final.” Sweeping terms reportedly ensure that “no refunds will be granted for any reason.”
“If the event for which this ticket is issued is rescheduled or cancelled, the holder shall not be entitled to a refund except as otherwise required by law,” the refund policy notes.
Instead of a refund, the policy only allows consumers to use their tickets for other events. If an event is rescheduled within 12 months of the original date, consumers can reportedly use their ticket for this rescheduled date and time. If an event is not rescheduled within 12 months, consumers can exchange their ticket in order to attend another event which has been “designated by management as the official replacement event for the cancelled event.”
Nesis argues that these terms are unfair and unlawful under California law. Under the state laws, a contract cannot be enforced when “one of the parties has the unfettered or arbitrary right to modify or terminate the agreement or assumes no obligations thereunder.” The plaintiff argues that the Lightning in a Bottle refund contract falls under these terms and therefore cannot be enforced.
“Defendants’ Terms render the contract between Defendants and the purchasers illusory because Defendants retain complete and unfettered control to modify or terminate the agreement without assuming any obligations towards Plaintiff and the Class,” Nesis argues in her Lightning in a Bottle class action lawsuit.
The Lightning in a Bottle class action lawsuit also claims that Do Lab Inc. violates the California Consumer Legal Remedies Act.
Allegedly, the company violates the law by “by uniformly and affirmatively representing ‘that a transaction confers or involves rights, remedies, or obligations that it does not have or involve, or that are prohibited by law’ and including unconscionable provisions in the Terms.”
The Lightning in a Bottle class action lawsuit claims that Do Lab Inc. violates California law against “unfair” business practices.
Nesis seeks to represent a Class of consumers who purchased passes or tickets to the Lightning in a Bottle festival. Passes or tickets could include general admission passes, VIP passes, car and RV camping passes, boutique camping passes, lightning bus passes, or all other forms of admission relative to the festival.
On behalf of herself and the proposed Class, Nesis seeks general damages, special damages, punitive damages, restitution, court costs, and attorneys’ fees.
The Lightning in a Bottle class action lawsuit also seeks enjoining orders and injunctive relief prohibiting further unlawful behavior.
Nesis and the proposed Class are represented by Matthew J. Geragos of Geragos Law Group and Reza Sina of Sina Law Group.
The Lightning in a Bottle Refund Class Action Lawsuit is Nesis v. Do Lab Inc., et al., Case No. 2:20-cv-03452, in the U.S. District Court for the Central District of California.
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