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Live Nation sued over booking fees

In a class-action suit, filed in New York Eastern District Court, a disgruntled Rascal Flatts fan is seeking damages from Live Nation for alleged false advertising

By IQ on 04 Oct 2016

Rascal Flatts, Live and Loud tour 2013, Jana Beamer, Live Nation booking fees suit

Worth $55.50? Joe Don Rooney of Rascal Flatts

image © Jana Beamer

A New York man is suing Live Nation over its practice of charging booking fees on tickets, accusing the promoter and its ticketing concerns of violating the Truth in Lending Act by “advertising one price for a ticket and then charging a higher price when people arrive at the box office”.

David Himber, of West Hempstead, took umbrage at paying US$55.50 for a $49.50 ticket to Rascal Flatts’ show at the Jones Beach Theater (15,000-cap.) on 1 September. “The advertised price is available to nobody,” Himber’s lawyer, Abraham Kleinman, tells the New York Daily News.

In Himber v. Live Nation Worldwide, Inc. et al, Himber is seeking to have Live Nation to refund the fees (including his $6) and pay statutory damages of $50 per ticket and $500 per purchase to all Live Nation box-office customers from the last three years.

“The advertised price is available to nobody”

Himber has filed three previous lawsuits in the Long Island federal court, although Kleinman says his client isn’t a prolific litigant. “Mr Himber successfully prosecuted his case against the Automobile Club of New York which displayed too much of his credit card information on his receipt, he did not prevail in his case against Intuit Inc., which assessed insurance fees for check stock, and settled his claim against Wal-Mart stores,” he tells the Daily News.

Live Nation does not comment on ongoing litigation.

A German court last month ruled it is illegal to charge fees on print-at-home tickets.


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