Viagogo class action alleges ticket seller uses bait-and-switch tactics

Viagogo class action overview:

• Who: Three New York residents have filed a class action lawsuit against Viagogo Inc.
• Why: The plaintiffs claim Viagogo uses bait-and-switch tactics on tickets for concerts, sporting events and other live entertainment.
• Where: The Viagogo class action lawsuit was filed in New York federal court.

A new class action lawsuit accuses online ticket seller Viagogo of using a bait-and-switch purchase flow to lure consumers into purchasing tickets for concerts, sporting events and other live entertainment through its website.

Plaintiffs Robert Berlinger, Danny Collins and David Stockton claim Viagogo advertises misleading low initial ticket prices that do not include added fees — the “bait” — to entice consumers to click through many screens in its purchase flow.

“Only at checkout, after this lengthy process, does Viagogo for the first time list a total amount that includes hidden fees in unpredictable amounts — the ‘switch,’” the Viagogo class action claims.

Berlinger, Collins and Stockton want to represent a nationwide class of consumers who purchased at least one ticket from Viagogo and paid Viagogo hidden fees above the advertised ticket price that were not included in the advertised price at the beginning of the Viagogo purchase flow.

Viagogo ‘raked in millions’ in hidden fees, class action alleges

The plaintiffs allege Viagogo intentionally uses a deceptive initial low price and hides its Viagogo hidden fees at the end of the purchase flow instead of presenting the fees to consumers at the outset of the transaction.

“By hiding added fees at the very last step of the sale, Viagogo has raked in millions of dollars in ticket sales and in hidden additional fees at the expense of consumers who are drawn in by its artificially low ticket prices,” the Viagogo class action claims.

The plaintiffs claim Viagogo is guilty of violating California’s Unfair Competition Law, California’s False Advertising Law, California’s Consumer Legal Remedies Act, the Colorado Consumer Protection Act and the New Jersey Consumer Fraud Act.

They demand a jury trial and request declaratory and injunctive relief and an award of actual, nominal, consequential and punitive damages for themselves and all class members.

In a growing number of ‘drip pricing’ lawsuits, Lake Compounce is also accused of hidden fees for its amusement park tickets, and Tyler Technologies is facing a class action for charging junk fees to reserve campsites at Reserve California.

Have you ever purchased tickets from Viagogo? Let us know in the comments.

The plaintiffs are represented by Katherine M. Aizpuru and Robin P. Bleiweis of Tycko & Zavareei LLP.

The Viagogo class action lawsuit is Robert Berlinger, et al. v. Viagogo Inc., Case No. 1:25-cv-04380, in the U.S. District Court for the Southern District of New York.

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