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Lawsuit filed against Viagogo over refunds

StubHub, Seat Geek and Eventbrite have also been hit with lawsuits looking to recover refunds during the pandemic

By IQ on 17 Aug 2020

Eric Baker, founder and CEO of Viagogo

Eric Baker, founder and CEO of Viagogo

image © Stanford Graduate School of Business

Secondary ticketing platform Viagogo is the target of a class-action lawsuit for allegedly retroactively axing its full cash refund guarantee amid the pandemic, depriving consumers of the refunds they are entitled.

The Florida-based claimant alleges that she paid US$410 for tickets to see Tool on 19 April but Viagogo refused to refund her, despite its guarantee which promises to fully refund a customer who bought tickets to an event that was cancelled.

The complaint alleges that Viagogo “wrongly refuses to classify events as ‘cancelled,’ allowing it to maintain dominion and control over even more funds which it has no legal right to possess or use for its own business purposes.”

It goes on to allege that the company is attempting to force consumers to suffer losses it should be covering due to its cash-back guarantee on events that are cancelled.

“To avoid financial losses due to the Covid-19 pandemic, [Viagogo] has unilaterally and unconscionably changed its policy”

“To avoid financial losses, and potential future losses, due to the Covid-19 pandemic, Defendant has unilaterally and unconscionably changed its longstanding policy, including for customers who purchased tickets while Viagogo actively promoted and promised its Viagogo Guarantee, to instead leave its customers holding the bag,” the lawsuit claims.

The lawsuit looks to represent Florida residents who used Viagogo to buy tickets to any event that was cancelled or constructively cancelled due to the Covid-19 pandemic, and who have not been issued a refund.

Other secondary ticketing platforms, including StubHub and SeatGeek, are battling similar class-action suits in the US, with the former also the target of legal action in Canada.

Also facing legal action is Eventbrite, which is accused of depriving fans of refunds for “indefinitely postponed” events.


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