Viagogo has become the latest ticketing firm to be hit with a lawsuit for allegedly failing to provide refunds for cancelled events impacted by the COVID-19 pandemic.
The plaintiff, Lauren Shiflett, filed the complaint in a Florida federal court yesterday (Wednesday), claiming Viagogo has been retroactively attempting to discontinue its guarantee that promises a full refund for cancelled events.
The filing states, according to Law360: “Despite the fact that [Shiflett] and the class made their purchases while the Viagogo guarantee was promised and in full force, Viagogo has refused to honour that promise, shifting the burden of its corporate losses and potential future losses onto many thousands of its loyal customers.”
Shiflett said people use Viagogo to buy tickets at a premium because of the refund guarantee, and the complaint states that customers are contractually entitled to a refund.
The proposed class action suit claims violations of Florida’s Deceptive and Unfair Trade Practices Act as well as breach of contract, conversion and unjust enrichment. It seeks actual, punitive and statutory damages and attorney fees, among other things.
Shiflett said she is seeking to represent people who used Viagogo to buy tickets to any event that was subsequently cancelled due to COVID-19 and who have not received any refund, as well as a Florida class.
According to the suit, Viagogo informed her that the tickets would be valid for the concert once it was rescheduled and was told that Viagogo could not cancel her order or give her a refund.
TheTicketingBusiness has contacted Viagogo for comment.
Last month, UK consumer group Which? targeted Viagogo for reportedly denying ticket holders refunds for cancelled events by claiming they have actually been postponed rather than cancelled.
In addition, New Zealand ticketing company iTICKET has this month urged ticket buyers to avoid Viagogo after reportedly seeing complaints skyrocket when live events kicked off again in the country.
Meanwhile, the UK’s competition watchdog rejected a proposal by Viagogo to sell StubHub’s European entities to ensure its $4.05bn acquisition would be approved.
The offer was made last month as Viagogo sought to appease the Competition and Markets Authority’s (CMA) competition concerns ahead of an in-depth Phase 2 investigation being announced.