Ticketmaster claims that customers suing the ticketing giant over alleged scalping bought their resold tickets out of Class Action.
In order to buy tickets from Ticketmaster, the firm argues that customers agree to waive any right to a jury trial and to binding arbitration.
Allen Lee, one of the many consumers now suing the ticketing giant and its parent, Live Nation, claims in his lawsuit that the companies violate the Cartwright Act, California Penal Code and unfair and fraudulent business practices.
The lawsuits began piling up after undercover reporters from Canada’s CBC and the Toronto Star newspaper publicised how Ticketmaster allegedly enables touts to gain a second cut on sales via its Trade Desk platform.
Ticketmaster has addressed a brief, which was filed on Friday, to the “clickwrap” terms of use that Lee allegedly agreed to when buying tickets to numerous sporting events via the resale platform.
The defendents reportedly maintain that “the applicable terms contained a provision by which Plaintiffs expressly agreed to submit their claims to binding arbitration, and waive any right to a jury trial or to participate in a class action.”
Ticketmaster has claimed that such terms of use establish a valid, enforceable agreement and that the arbitration clause encompasses the dispute at issue.
Ticketmaster’s lawyers at Latham & Watkins said Lee’s “claims plainly relate to ‘products or services sold or distributed by (Ticketmaster) or through (Ticketmaster),’ within the meaning of the ticketmaster.com Terms of Use.”
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