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After buying tickets for the wrong date, a Houston lawyer is taking Ticketmaster to court, alleging breach of contract
By Anna Grace on 11 Jan 2019
Hit musical Hamilton has put audiences into a frenzy around the world. However, no musical lover has been left quite so frenzied as Texas lawyer Joshua Davis, who is suing Ticketmaster for damages after being refused a refund for his mistakenly purchased Hamilton tickets.
Davis says he intended to buy three tickets for 14 or 15 March to see the musical, which is based on the life of American founding father Alexander Hamilton. The tickets were a present for his eldest daughter’s 12th birthday on 9 March.
Yet, the tickets purchased were dated 17 January. The lawyer claims that the date changed after he clicked the “back” button on his browser. Noticing the change, Davis believed to have terminated the purchase, but his card was charged US$2,325.50 for three tickets on the incorrect date.
Davis contacted the ticketing giant immediately after the mistake, waiting on hold for a “prolonged” period of time before speaking to a resolution specialist. TM refused to exchange the tickets for others on the intended date, or to issue a refund. The solution offered was resale through the Ticketmaster website, with an additional administrative fee.
“Ticketmaster’s position within the marketplace constitutes a monopoly on the lawful sale of tickets”
The company instructed Davis he was not to sell the mistakenly purchased tickets for any less than the price he paid for them, “artificially inflating ticket prices and impairing plaintiff’s ability to mitigate his damages and sell his tickets.”
“Not only did Ticketmaster’s website fail to respond to Davis’s attempt to cancel the charge, but Ticketmaster failed to refund the most basic of internet browsing errors literally minutes after the mistake is identified.”
“Furthermore, Ticketmaster’s position within the marketplace constitutes a monopoly on the lawful sale of tickets, specifically Hamilton tickets, giving Ticketmaster an unlawful position as a monopolist that can abuse consumers.”
The company has 50 days to respond to Davis’s claims.
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