SXSW COVID-19 Cancellation Class Action Settlement

Consumers who purchased tickets for an event hosted by South by Southwest (SXSW) last year may be eligible to get compensation in the form of a payment thanks to a class action settlement after the event was canceled due to the pandemic.

Two Classes have been established in this settlement: a Deferral Class and a Non-Deferral Class.

The Deferral Class includes anyone, wherever they are located, who purchased credentials for SXSW 2020 from SXSW pursuant to SXSW’s Participant and Credentials Terms and Conditions and later accepted SXSW’s offer to defer those credentials to a later year.

The Non-Deferral Class is made up of those who, wherever they are located, purchased credentials for SXSW 2020 from SXSW pursuant to SXSW’s Participant and Credentials Terms and Conditions but did not accept SXSW’s deferral offer.

In their class action lawsuit, the plaintiffs allege Austin canceled the 2020 South by Southwest Conference and Festivals as a result of the COVID-19 pandemic. 

While SXSW couldn’t control the cancellation, the plaintiffs say, the company unfairly withheld the money retained from the Class for tickets, passes, badges, and wristbands. The withholding of funds, according to the plaintiffs, amounts to a breach of contract, and the plaintiffs say they’re owed refunds.

SXSW denies any wrongdoing in this situation. According to the company, it did not breach its contracts with the Class Members because it has an express no-refund policy. Because the city’s cancellation made the performance impossible, the company claims it was not unjustly enriched by the funds given by Class Members. 

Despite that, both parties have agreed to the terms of the proposed settlement agreement, which offers a refund to Class Members.

SXSW has grown immensely since its first conference in 1987, which had only 700 attendees. By 2019, that number had grown to 280,000, according to CNN. The conference contributed $355.9 million to the city’s economy in 2019.

Deferral Class Members are eligible to receive a one-time payment of $30. They’ll also receive a 50 percent discount on an additional credential for any festival in 2022, 2023, or 2024. 

Non-Deferral Class Members will receive a refund of 40 percent of the total amount they paid for their original credential.

A final hearing in the SXSW cancellation settlement is set for Feb. 18, 2022.

Class Members who want to seek out an individual claim must exclude themselves from this class action settlement by Dec. 20, 2021.

Class Members who don’t agree to these terms may object by Dec. 20, 2021. 

Class Members who want to get a payment must file a claim by Dec. 20, 2021.

Who’s Eligible

Two Classes have been established in this settlement: a Deferral Class and a Non-Deferral Class.

The Deferral Class includes anyone, wherever they are located, who purchased credentials for SXSW 2020 from SXSW pursuant to SXSW’s Participant and Credentials Terms and Conditions and later accepted SXSW’s offer to defer those credentials to a later year.

The Non-Deferral Class is made up of those who, wherever they are located, purchased credentials for SXSW 2020 from SXSW pursuant to SXSW’s Participant and Credentials Terms and Conditions but did not accept SXSW’s deferral offer.

Potential Award

Varies

Proof of Purchase

Type of credential (i.e. Wristbands, tickets, passes, and badges, including tickets to attend the BBQ Crash Course and/or Taco Meet Up) purchased to attend the 2020 South by Southwest Conference & Festivals.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

12/20/2021

Case Name

Bromley, et al. v. SXSW LLC, et al., Case No. 1:20-cv-439 in the U.S. District Court for the Western District of Texas, Austin Division

Final Hearing

02/18/2022

Settlement Website

SXSWSettlement.com

Claims Administrator

Bromley v. SXSW Settlement Administration
c/o JND Legal Administration
PO BOX 91231
Seattle, WA 98111
info@SXSWSettlement.com

Class Counsel

Joseph G. Sauder
SAUDER SCHELKOPF LLC

Bryan L. Clobes
Daniel O. Herrera
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP

Randy Howry
HOWRY BREEN & HERMAN LLP

Defense Counsel

Peter D. Kennedy
GRAVES DOUGHERTY HEARON & MOODY PC