Ticketmaster have asked a judge to dismiss the lawsuit from Taylor Swift fans in LA KossyDerrickBlog KossyDerrickEnt

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Tuesday, February 28, 2023

Ticketmaster have asked a judge to dismiss the lawsuit from Taylor Swift fans in LA

Ticketmaster have asked a judge to dismiss the lawsuit from Taylor Swift fans in LA. 

Ticketmaster is arguing that fans cannot sue as they agreed to their terms and conditions.

A lower court had previously dismissed the lawsuit, saying that customers had agreed to settle the disputes in arbitration, but it was re-opened after plaintiffs argued that clients were misled over unclear agreements with Ticketmaster.

Now, Judge Danny J. Boggs wrote of the dismissal:

"At three independent stages – when creating an account, signing into an account, and completing a purchase – Ticketmaster and Live Nation webpage users are presented with a confirmation button above which text informs the user that, by clicking on this button, 'you agree to our Terms of Use'."
 

"A reasonable user would have seen the notice and been able to locate the terms via hyperlink. Appellees' notice is conspicuously displayed directly above or below the action button at each of the three independent stages that a user must complete before purchasing tickets. Crucially, the 'Terms of Use' hyperlink is conspicuously distinguished from the surrounding text in bright blue font, making its presence readily apparent."

Taylor Swift fans are dressing for revenge — or at least legal damages. More than two dozen disappointed Swifties have filed a class-action lawsuit accusing Ticketmaster and its parent company, Live Nation, of fraud, misrepresentation and antitrust violations over its botched Eras Tour ticket sale.

Lawyers for the 26 plaintiffs, who live in 13 states across the U.S., filed the complaint in L.A. County Superior Court on Friday. It alleges that the ticketing platform has a monopoly on primary and secondary markets and accuses it of engaging in fraudulent practices and various antitrust violations, including price discrimination and price fixing.

"Defendant's anticompetitive behavior has substantially harmed and will continue to substantially harm Taylor Swift fans, as well as competition in the ticket sales marker and the Secondary Ticket Services Market," it reads. 

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