The Tragically Hip perform in 2009. The band’s final tour in 2016 sparked renewed public outcry across Canada about ticket ‘bots’ snapping up event tickets and reselling them for a profit. (Scott Alexander/Wikimedia Commons)

B.C. man’s lawsuit over Ticketmaster, StubHub can proceed, judge rules

Class action on behalf of people who lost out due to ‘ticket bots’

A B.C. man’s lawsuit over ticket resellers jacking up prices for live events has taken a step forward in B.C. Supreme Court.

David Gomel is suing TicketMaster and associated companies in a class action on behalf of all B.C. residents who bought event tickets for personal use from resellers between Jan. 25, 2010 and Sept. 18, 2018. It’s one of a series of similar class action lawsuits, and Gomel alleges that Ticketmaster isn’t doing enough to stop scalpers from using “bots” to scoop up tickets within seconds of them going on sale.

B.C. Supreme Court Justice Michael Tammen ruled this week that Gomel’s lawsuit can proceed, refusing a procedural motion by Ticketmaster lawyers to stay the action until Saskatchewan case involving multiple provinces can be decided. Ticketmaster has not yet filed a statement of defence in the B.C. case.

Gomel’s case is based on his purchase of a concert ticket from a secondary seller, StubHub, which was originally sold by Ticketmaster.

RELATED: B.C. law attempts to regulate online ticket resellers

RELATED: Survey finds frustration with fast event ticket sellouts

“Broadly put, the essential claim is that Ticketmaster represents on its website, at the time of initial sale of all tickets, that there are purchasing limits in place for the number of tickets per customer, and that such limits ensure fairness and prevent purchasers from purchasing a large number of tickets for resale,” Tammen wrote in a decision released this week.

“The notice of civil claim alleges that Ticketmaster has, contrary to the representations on its website, actively developed and marketed software called TradeDesk, which facilitates and encourages the use of ‘ticket bots.’ Ticket bots are automated software programs used to allow one purchaser to purchase a large number of tickets online.”

B.C. Public Safety Minister Mike Farnworth passed legislation in the spring of 2019 aimed at preventing mass-buying software for live event tickets. The law requires clear disclosure of ticket prices, refund guarantees by secondary sellers and declarations by them that they are not the original ticket provider. Enforcing such rules is hampered by ticket resellers operating outside of the province.

The B.C. government hosted an online questionnaire in March 2018 on the subject. Of the 6,507 people who responded, 96 per cent reported live event tickets selling out quickly, and nearly 60 per cent said they had seen tickets offered by a secondary seller before the primary seller made them available.


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislature

Just Posted

So Vancouver Island, you want to defund your police?

Examining what a nearly $10 million RCMP contract gets the people of Campbell River

Opioid crisis and COVID-19 pressing issues for mid-Island’s new medical health officer

Dr. Mike Benusic has been working in his new role with Island Health since July 2

Textured mats at Saanich intersections guide pedestrians with visual impairments

Yellow ‘tactile tiles’ make crossing busy intersections safer, District says

Vancouver Island officials can ‘only educate and encourage’ people to social distance

Leaders plead for education, as municipality lacks authority to enforce social distancing in public

Throwback: Parksville Makerspace shows off old Commodore 64 computer

Open house takes place Aug. 8, from 10 a.m. to 3 p.m.

53 new COVID-19 cases, no new deaths cap off week of high infection rates in B.C.

Roughly 1,500 people are self-isolating because they either have COVID-19 or have been exposed to it

Unofficial holidays: the weird and wonderful things people celebrate around the world

On any given day of the year, there are several strange, silly or serious holidays to observe

Missing teen visiting Courtenay found safe

She had last been seen going for a walk on Aug. 6

Need a doctor in Sooke? You may be in luck

In anticipation of recruiting more doctors, medical clinic accepting applications for a waitlist

Poles mark growing bond between BC Hydro, Campbell River First Nations

Totem poles placed on the John Hart dam site a symbol of a stronger relationship

COVID-19: Modified beach volleyball a hit in Parksville

Organizer happy to get popular summer game going

Nanaimo Fringe Festival productions adapt to new online format

10th annual festival to be live-streamed due to COVID-19

Moving on: Tanev scores 11 seconds into OT as Canucks oust Wild

Vancouver beats Minnesota 5-4 to move into first round of NHL playoffs

Gene editing debate takes root with organic broccoli, new UBC research shows

Broccoli is one of the best-known vegetables with origins in this scientific haze

Most Read