Olympics Tickets Lawsuit Refund Lawsuit Overview:
- Who: Sports fans who bought tickets to the 2020 Olympics are urging a judge to allow their class action lawsuit against the official Tokyo Olympics tickets reseller.
- Why: The ticket reseller offered 75% cash refunds or full credit refunds, but the plaintiffs are asking for full cash refunds. The reseller is calling the lawsuit a “shakedown” for more money, but the plaintiffs are calling the reseller’s position “the epitome of demanding something for nothing.”
- Where: The case is being heard in a federal court in New Jersey.
Sports fans who bought thousand-dollar tickets to the Tokyo Olympics and were offered 75 percent refunds when their tickets were canceled are urging a judge to allow their fight for full refunds to continue.
On Tuesday, Plaintiffs Suzanne Caruso, April Adams, George Peaslee, Jared McCallister and Tiffany Loya filed a memorandum in opposition to CoSport’s motion to dismiss their class action complaint.
CoSport was appointed by Tokyo 2020 as the only authorized ticket reseller for the U.S.
After spectators were banned in Tokyo, the company offered a cash refund of 75 percent or a full credit refund, arguing that its “force majeure” — or unforeseeable circumstances — clause allows it to retain 100 percent of what the class members paid to attend the Olympics.
On July 28, CoSport asked a New Jersey federal judge to throw out claims from plaintiffs who believe they’re entitled to full refunds.
However, in Tuesday’s filing, the plaintiffs argue that CoSport had failed to meet its end of the bargain as their tickets were canceled, so their obligation to pay is likewise excused.
They say CoSport argued that it has no obligation to return any funds, and so its offer to return 75 percent “of their own money” constitutes “valid consideration for a full release.”
“That is the epitome of demanding something for nothing.”
The plaintiffs say they should get complete refunds under CoSport’s terms and conditions after they were unable to attend the Tokyo games in person due to COVID-19 mandates.
One plaintiff says she bought the “Tokyo 2020 Olympic Games SS Package” from CoSport for $16,375, which included tickets to see athletics, volleyball, diving and more. After the ban, she only got a 75 percent refund.
However, CoSport has argued the lawsuit was simply a “shakedown” for more money, after the company already paid out more than $23.2 million in refunds.
“While CoSport undoubtably sympathizes with and shares plaintiffs’ frustration at not being able to attend the Tokyo Olympics, there is simply no plausible claim of wrongdoing here, and this lawsuit is nothing more than a shakedown for additional funds never promised or contractually owed by CoSport,” the company told the judge.
CoSport argued that its terms and conditions clearly state that it does not have to give its customers a full refund under the circumstances.
It points to the agreement, which says it is “not responsible for circumstances that may arise… that may make it inconvenient or impossible for customer to travel or use the product(s),” including “acts of government or other authorities… epidemics, quarantines, medical or customs regulations.”
This is not the only company facing a lawsuit over coronavirus event cancelations. As of April 16, consumers who purchased tickets from Vivid Seats for events that were canceled due to the coronavirus pandemic may be eligible to benefit from a $7.5 million class action settlement.
Read our complete guide to coronavirus lawsuits & legal issues here.
Do you think CoSport should give customers a full refund? Let us know in the comments.
The plaintiffs are represented by Jacob M. Polakoff and E. Michelle Drake of Berger Montague PC and Brian W. Warwick and Janet R. Varnell of Varnell & Warwick PA.
The CoSport Refund Class Action Lawsuit is Suzanne Caruso et al. v. Jet Set Sports LLC, d/b/a CoSport, Case No. 3:21-cv-09665, in the U.S. District Court for the District of New Jersey.
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