Ticketmaster Complaint (Final)

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Attorneys f Facsimile: (415)449 Telephone: (415)271 San Francisco, 94111 CA 100 Pine Street, Suite 1250 (State MCCRARY Bar 262670) A. No. MARIE (State SAFIER SETH A. Bar197427) No. (State GUTRIDE J. Bar181446) No. ADAM LLP SAFIER GUTRIDE

Defendant and TICKETMASTER ENTERTAINMENT Plaintiff situated, of DEREK HANSEN

Case 3:20-cv-02685-SKDocument1Filed04/17/20Pageof22 himself LIVE

or Plaintiff , the general public and those similarly NATION ENTERTAINMENT CO. NATION ,

s . v.

, as - -

6469 6469 an UNITED STATES DISTRICT COURT FOR THE FOR STATESDISTRICTCOURT UNITED

individual, onbehalf NORTHERN DISTRICT OF CALIFORNIA DISTRICTOF NORTHERN

Class Actio , INC.

, -

1 n Complaint

NO. CASE TRIAL DEMANDED JURY VERSION OF BREACH TICES; PRA BUSINESS UNFAIR TATION; MISREPRESE AND/OR DECEIT, FRAUD, ADVERTISING; FALSE ACT; LEGALREMEDIES CONSUMERS OF THE CALIFORNIA VIOLATION FOR COMPLAINT ACTION CLASS

UNJUST ENRICHMENT; ENRICHMENT; UNJUST

CONTRACT; and CO and CONTRACT;

N- C- N-

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provide refunds for live for provide events refunds that have been rescheduled orpostponed. for Defendant restitution toand Plaintiff Classmembers. purchased a ticket to an event that hasbeen postponed or 30, 2020; (2)prohibit from Defendants they and restitution world occurre endure the financial that losses Defendants policies for incur stemming the from costs, individuals who events will not occur again until fall 2021at the earliest. events are “indefinitely” postponed. refunds Ticketmaster ou purchase prices “ Entertainment Co., purchased event

tbreak the forced cancelation orpostponement most large of events and public gatherings, Defendant Case 3:20-cv-02685-SKDocument1Filed04/17/20Page2of22 have sought to make to their policy refund asit relates to tickets purchased prior to March for postponed orrescheduled for events 4. 3. 2. 1. only

refund T for for icketmaster Entertainment, Inc. and Live Nation Ent retroactively nces wouldcause the simultaneous cancellation numerous public of events. s’ and Plaintiff seeksanPlaintiff order against awarding Defendants damages, injunctive relief bringsthisPlaintiff action himself and sim a onbehalf of class of Prior to th Plaintiff deceptive practices have notthe been ticket for provided refunds purchase price canceled events, not postponed orrescheduled ones tickets from if youreventif ispost s requiring to, Defendants among other things: (1)reverse the changes unlawful for ticket for sales. Ticketmaster Derek Hansen e coronavirus outbreak coronavirus outbreak revised its Ticketmaster assuredcustomers that Ticketmaster ticket wouldrefund Defendants haveDefendants quietly soughtto their force buyersto relating to Yet, poned, rescheduled orcanceled.” the After policies applicable to the prior ticket sales , byand through INTRODUCTION refusing to offer refusing Class Actio Live Nation’s president

, Entertainment, Inc.

would suffer since , their Defendants soughttoDefendants retroactively - and at the time that and Plaintiff ClassMembers 1 n Complaint in responseto apparent liabilities

sale of livesale of events tickets and to refusal his refunds to any Classmember refunds in the entirely foreseeable scenario that

rescheduled counsel, bring

, a division of Livedivision of Nation recently ertainment Co. , including when ; an

s d (3)pay damages and this class action against predicted that live , including and fees to ilarly situated coronavirus

to seek redress change allow for allow for they postponed who who would

their

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business atbusiness 9348Civic Center Drive, Beverly Hills, California 90210.Ticketmaster isa division corporation headquartered in Beverly Hills, California. Defendant maintains its principal place of Complaint an was, individual and a resident substantial and continuous practices business in the State California of inpersons the State California. of Defendant persistent conduct courses of in, and/or derives substantial revenue from California.of Defendant activitiesarose out of engaged in byDefendant SectionU.S.C. 1367. interest and costs. members, Action Section FairnessAct, 28U.S.C. because: 1332(d)(2)(A) (i) there are 100ormore class through the United States and/or State California. of agents, hassubstantial contacts with 9348 Civic Center Drive, Beverly Hills, California 90210.Live Nation, directly and through its headquartered in Beverly Hills, California. Defendant maintains its principal place at business of and/or State California. of contacts with and receives substantial benefits and income and through from the United States Liveof Nation Ente

Case 3:20-cv-02685-SKDocument1Filed04/17/20Page3of22 11. 10. 9. 8. 7. 6. 5.

and

(ii) there isan aggregate amount in controversy exceeding $5,000,000, e The injuries, damages and/or harm uponwhich this action isbased, occurred or This C This Court hassubject matter jurisdiction Ticketmaster and Live Nation are referred to collectively herein as“Defendants.” Defendant Live Nation Entertainment Co.(“Live Nation”) i Defendant Ticketmaster Entertainm Derek Hansen

rtainment Co.Ticketmaster, directly and through its agents, hassubstantial ourt hassupplemental jurisdiction over any state law claims pursuant to 28 s regularly conducts and/or solicits in, business engages in other

(“ Plaintiff JURISDICTION AND VENUE AND JURISDICTION and receives substantial benefits and income and from Class Actio ”) is,and at all times alleged in this ClassAction PARTIES PARTIES San Francisco, California. s

have s - within, affecting, and emanati 2 n Complaint

ent, Inc. (“Ticketmaster”) isa Delaware

engaged, and continue to engage, in

over this action pursuant to the Class

Defendants’ wrongful acts wrongful Defendants’ services s Delawares corporation ng from, theng from, State

provided to xclusive of

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California, includin substantial the part events of oromissionsgiving rise to the claims occurred in the state of California headquarters byCali and omissionsoccurred in California and were carried out and directed Defendants’ from following: features onthe Site are also incorporated into these Terms. Policy, and any other policies, rules orguidelines that may be applicable to particular or offers their terms Use of page and clicking purchasing Use Ticketmaster’s UserAgreement and processing other fees suchasdeliveryfees, fees, fees, sales to Ticketmaster those who A.) San Francisco herewithfiles a declaration establishing that

Case 3:20-cv-02685-SKDocument1Filed04/17/20Page4of22 have purported to that applies to the claims in this case) have explicitly incorporated 18. 17. 16. 15. 14. 13. 12. Live Nation events provide events, such as

usinglanguage substan “Please review ourPurchase Policy, which (in addition to these Terms) will govern tickets processes more than $30 bil and/or FosterCity Each version of Ticketmaster’s Live Ticketmaster P In accordance with California Civil Code Section 1780(d), Venue isproper in this District pursuant§1391(b)(2)because to 28U.S.C. a laintiff

‘ with language substantially similar to the following: “ Place O g within this District. Nation bind to users them through assent whencreating an account and/or accordingly allege rder . Inaddition to the ticket Ticketmaster fee, charges consumers s is the is an online seller event of tickets. Ticketmaster acts website contains SUBSTANTIVE ALLEGATIONS SUBSTANTIVE , Ticketmaster’s Use Terms of fornia personnelfornia over California technological infrastructure. ’ youagree to Use. ourTerms of , California nation’s largest concert promoter

tially similar to the following: “ promoters, Class Actio

lion in ticket sales

s that jurisdiction and venue are proper in this Court. he .

(Plai venues, teams, purchased concert tickets Ticketmaster from a Terms - 3 n Complaint

- ntiff’s declarationntiff’s isattached hereto asExhibit

of Use of to purchase ” The also Use provide Terms th of

to live events (including the version of and . Variousiterations the of ”

artist represen Our PrivacyOur Policy, Purchase and Ticketmaster processes

and use By continuing past this the Plaintiff each year. Purchase Policy event tickets. tatives. as the agent to concurrently

the Terms Terms of Terms of ervice

into e

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effective immediately whenweposta revised t version of following: “ right to make changes to the exchanges.” anyyour purchase tickets of orother products through the Site, including or any refunds in the screen capture below stated are that available “Refunds least Ticketmaster PolicDefendants’ ticketspurchases of the from Ticketmaster website. policies, rules, and guidelines provided onthe Ticketmaster website are applicable to any named Defendants. Site after that date, youagree to the changes. Updated

Case 3:20-cv-02685-SKDocument1Filed04/17/20Page5of22 March 21. 20. 19. ’ date above will tell youwhenthese Terms were last revised. Bycontinuing to usethis

We may make changes to these Terms at any time. changes Any wemake will be 13

website are provided in Ticketmaster’s Support” webpage. or“Fan FAQ , 2020, Some of theSome rules of and guidelines applicable to The Use Terms of Defendants ies for Providing Refunds Thus,according to the Defendants, Purchase Use, Policy, Terms and of other Ticketmas ’ Terms contain unconscionable provisionsthat .

Terms of Use Terms of t purport to bind the userto the agreement th with both of er’s if youreventif ispostponed, rescheduled orcanceled Fan Supportwebpage, which i Class Actio by ”

using language substantially similar to the

- 4 n Complaint

hese Terms onthe Site. The

the tickets sale of onthe s available onits

purport to retain the ” website ‘ Until as shown as shown Last e at ,

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representation at the time that they purchased tickets Ticketmaster from Customers that purchased tickets prior to March 13,2020 Ticketmaster’s premium t prices for [promoter orv Ticketmaster’s postponed indefinitely, or are nolonger Refunds a refund. being available cancellations, for that material term the purchase of contracts.

Case 3:20-cv-02685-SKDocument1Filed04/17/20Page6of22 visitors to the same 24. 23. 22.

enue] value isthat wouldbe available refunds for In o March 14, of As Largely because this policy of policy t her words, her words, may limitations. set refund ickets and now states now that “ we for rescheduled even ticketfor if shows, h b as shown as shown page were redirected to a newpage that said only that were refunds Defendants now identifies now Defendants substantial directly fees to 2020, in the screenshot offered for postponed shows, which are postponed shows, currently for offered Defendants retroactivelyDefendants changed their policies refund so If the eventIf moved, was postponed, orrescheduled, the

Class Actio , Ticketmaster’s ” - For shows that shows are For postponed indefinitely, 5 n Complaint

below: , including Plaintiff, cancellation asthe getting only basisfor Ticketmaster postponed orrescheduled events

users haveusers been willing to pay olders can’t make the newdate. . A major component. A of . This statement a was relie d uponthis .

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dated April 16,2020,available at https://loud (Phillip Trapp, Why “Here’s said in a will be rescheduled. purchasers cannot resell the tickets thewould not refund total amount outbreakrus concerts. scheduled to take place onApril 21and 23 ticketsand RATM costs,the four cost Rage Against the Machine ( option link) (a refund will be visible under the order in yourTicketmaster account.” a postponed orrescheduled for organizerevent. refunds yourevent's event, If isoffering this confirmation. rescheduled For events, that information will identify events newdates that (for are postponed) had purchased tickets events future for that will most start major shows hitting stages again. than $1billion postpo responds/ (last accessed onApril 17,2020)

Case 3:20-cv-02685-SKDocument1Filed04/17/20Page7of22 ned asa the result coronavirus of outbreak 30. 29. 28. 27. 26. 25. recent

, both ontickets to disrupted events. On oraroundOn March 15,Ticketmaster informed On Plaintiff oraboutOn March 1 Mr. Joe Berchtold, the pr interview with or about RATM RATM Berchtold echoed recent projections that estimate

Hansen c February 12,2020, oncerts woul “ Ticketmaster a Won’t PostponedConcert,” for Givea You Refund RATM CNBC “about 90%” of Ticketmaster’s “about 90%”CNBC of events are postponed. created a PLAINTIFF’S EXPERIENCE PLAINTIFF’S Plaintiff because esident Live of Nation, the comp 5 ” , 2020, ) concerts to take place in Pl that stated: “ Class Actio d be indefinitely “postponed.” aintiff Ticketmaster . paid for the paid concert RATM for tickets. (“Trapp”) Live Nation the was promoter both of it iscurrently impossible to tell orwhen,the if, events Ticketmaster sentan users email

wire.com/ticketmaster

approximately $590.The concerts RATM were Plaintiff Plaintiff - 6 . Bysome estimates, consumers have spent more n Complaint , and wewill contact aswehave youassoon

We are workingwith the event organizer to (Trapp.) .)

account prior to Around 30,000eventsAround have already been purchased twotickets to twoseparate be listed onourwebsite byyour

Plaintiff Oakland

- concert any that Ticketmaster, owns that Ticketmaster, however, that, due to the 2011 , California fall 2021isthe - . refunds

to customers

the . With fees

- live RATM RATM coronav - earliest nation who who i- -

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provided a cancellation. for refund But under ca common to the Class establish the each right of member the of fact predominate over individual a common of questions, orsinglewill facts asproof set of deceptive, and/or unlawful statements unfair and omissions and fact to the potential classes because each class member’s individual actions will benefit the parties and the courts. all isimpracticable suchpersons and the di Members but very likely many more. moreis composed than of proposed class iseasily ascertainable. against CivilRules of and subclass

n celled, will almost certain Case 3:20-cv-02685-SKDocument1Filed04/17/20Page8of22 31. 35. 34. 33. promotedwas byLive Nation. The Live Nation Subclass: All ClassMemberspurchased who tickets to any event The California Subclass: All ClassMembersreside who in California. Class March from was The Class: 32. Defendants Defendants

refund if refund a. subsequently .

of similarlyof situated persons,

( Procedure Plaintiff Whether contain Use Terms Defendants’ of unconscionable terms; Common Questions Predominate: This action involves common law questions of Numerosity: This action hasbeen of purposes Purchases for bringsthisPlaintiff class action lawsuit onbehalf of All because there isa well , and when, 14 including, but are not limited to, the following natural , 2020until the date that notice this class action of isdisseminated to the now holds now , defined asfollows: postponed orrescheduled 500 Plaintiffs donotthe know Plaintiffs exact size ly be cancelled, and which he bought with a guarantee a monetary of persons persons persons. persons. the events are officially cancelled rather than “postponed.” Defendants’ Defendants’ four four brought and may properly be maintained asa class action CLASS ALLEGATIONS CLASS

The in persons the Class are numerous so that the joinder of

who who tickets to Class Actio At a minimum, there Class are thousandsof tens of resale Class to recover. The law and questions fact of - pursuant to Rule the 23(b)(2)and Federal (b)(3)of sposition defined community interest of in the litigation and the purchase

new shall be excluded.) - 7 two RATM concertstwo RATM n Complaint

, post or is of their of claims in a class action rather than in tickets

postponed orrescheduled - hoc .

from Ticketmasterfrom The common law and questions of claim derives the from policy

of of

the proposedclass following : revisions the C

that lass, but they estimate it have

, he will only be to any event which been effectively

at any point same , which

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herein to obtain compensation full due to them the and unfair for illegal conduct which they of interests all of class members because it isin their best interests to prosecute the claims alleged if refund have purchased which refus Defendants and for event originally scheduled to take place after March 20,2020that postponed was orrescheduled result of violation the law of asalleged herein. damages each of member the Clas of co Class

nduct Case 3:20-cv-02685-SKDocument1Filed04/17/20Page9of22 because, among other things, all suchclaims arise the out course same of wrongful 37. 36. in which the Defendants’ the event

b. h. g. f. e. d. c.

Whether failure Defendants’ to constitutes issuepromised refunds Adequacy of Representation:Adequacy of Typicality: claims Plaintiff’s are typical the claims of of what isthe nature suchrelief. of consequential, exemplary and/or statuto Whether class members are entitled to payment actual, of incidental, relief what so, isthe and, if nature (and amount) suchrelief; of and Wheth misconduct; The and amountrevenues profits earned of by the Code meaning §17500, California and of Business Professions Whether conduct Defendants’ constitutes untrue ormisleading statements within seq CompetitionUnfair Code Law,§17200 California and Business Professions Whethe Whether conduct Defendants’ isviolate the CLRA; enrichment, the event tickets .; were

false representations. false and Plaintiff the Classeseach purchased Defendants Defendants er class members are entitled to restitution, injunctive and other equitable r Defendants’ conductr Defendants’ is postponed orrescheduled

a breach contract of e to provide a refund if they if had known engaged s were caused directly by Plaintiff andPlaintiff the Classeshave Class Actio in violation law as of Plaintiff willPlaintiff

, unlawful - and/or conversion; 8 n Complaint

- .

that . Plaintiff and. Plaintiff the ry damages plusinterest thereon, so, and if they would have the option to receive a , unfair, orfraudulent, unfair, fairly and adequately protect the

Defendants Defendants Defendants’ described

suffered injury in injury fact asa suffered Class Members other members the of as a the result of herein. wrongful conduct wrongful in in violation the of unjust unjust

Further, the et seq a ticket to an

would not .;

, et

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counsel are their aware of fiduciary re financial resources to adequately and vigorously litigate this class action, and Plaintiff establish represent class members. complain. ontheDefendants other with respect to purchases made Website. onDefendants’ herein. set forth as if management this of important public interest will be served byaddressing the matter asa class action. or impossible individual for may be relatively small, the expenses individual and burden of litigation wouldmake it difficult would engender. Furthermore, asthe byeach damages individual suffered me and without the unnecessary duplication and exp effort of situated to persons prosecute their common claims in a single simultaneously, forum efficiently, which they were not parties. Classaction treatment will permit a large similarly number of impairment class members’ of classes will tend to establish inconsistent conduct standards of for maintenance th of members. diligently discharge those duties byvigorously seeking the maximum possible recovery class for

Case 3:20-cv-02685-SKDocument1Filed04/17/20Page10of22 42. 41. 40. 39. 38. Defendants’ her Plaintiff alsoPlaintiff

interests and that the classes. of The contract that governsthe transactions at issuein this case includes the contractA was reallegesPlaintiff and incorporates Plaintiff Superiority: There isnoplain, speedy, oradequate remedy other than by Plaintiff ha Plaintiff is class action. The prosecution individual of remedies bymembers the of act

liability to all class members. is ion ha PLAINTIFF’S FIRST CAUSE OF ACTION CAUSE FIRST PLAINTIFF’S unaware of any unaware difficulties that of are likely to be encountered in the s that wouldpreclude its maintenance asa class action. s nointerests that are in conflict with, orantagonistic to, the interests of members the class of to redressthedone to wrongs them, while an

retained formed betweenformed and Plaintiff Classmembers onthe one hand and rights and the their disposition of interests through a highly competent and experienced class action attorneys to CAUSES OF ACTION CAUSES ( sponsibilities to the class members and are determined to Breach of Contract Class Actio By prevailing on - 9 n Complaint

- the this paragraphs ClassAction of Complaint

Plaintiff andPlaintiff ense that numerous individual actions

)

his his own c own Defendants Defendants counsel have the necessary laims, will Plaintiff

mber of thember class of and result in the

ctions to Terms

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postponed and rescheduled events as of and Use policies,of including funds. demand made its was return. for andPlaintiff the having Classfrom access to it, and/or to return refusing it t andPlaintiff the it,it to Classbytakingrefund refusing topreventing of Plaintiff, possession in the amountfunds that they tickets paid for to events that were cancelled. andPlaintiff the Classpurchased tickets herein. set forth as if the contract to stand;” and other causes andaccording grounds to proof. in a material respect any cause; from the public .(6)If interest will be pre the consideration(4) If the obligation for the rescinding of party, it before isrendered to him, fails consideration the obligation for agreements and contracts relative to the members have been

Case 3:20-cv-02685-SKDocument1Filed04/17/20Page11of22 the and date Plaintiff the ClassMembers’ of purchases.

52. 51. 50. 49. 48. 47. 46. 45. 44. 43.

Plaintiff andPlaintiff the Classwere harmed conduct. byDefendants’ andPlaintiff the Classdid not consent to conduct Defendants’ in withholding their Defe From reallegesPlaintiff and incorporates the this paragraphs ClassAction of Complaint andPlaintiff Class abreach Defendants’ the resultAs of breachesDefendants’ were willful and not the mistake result of orinadvertence. breachedDefendants the contract whenthey ceased provid andPlaintiff the Classperformed their obligations under the contract. ndants intentionally and substantially interfered with property belonging to damaged in an amount to be determined at trial.

the moment of PLAINTIFF’ the Purchase Policy and FanSupportwebpage of the rescinding of party becomes entirely any void cause; from .

asrequired under its Members postponement and/or rescheduling the live of events to wish S

Class Actio , Plaintiff and, Plaintiff the Classownedand had a right to possess SECOND event tickets ( Conversion seek, pursuant to Civil Code §1689(b),to rescind the - 10 n Complaint

CAUSE OF ACTION CAUSE on the following grounds: “(3) If the ontheIf grounds:“(3) following ) contract policies

. , Plaintiff and, Plaintiff other Class

ing refunds to ing refunds

o Plaintiff after ao Plaintiff

judiced bypermitting

that were operative

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damaged in an amount to be determined at trial. andPlaintiff the Class. CLRA in California Civil Code §1761(d). resulted, in the sale violate the CLRA, because they extend to transactions that are intended to result, orwhich have herein. set forth as if andPlaintiff members the Cla of andPlaintiff members the and inequitable, Classisunjust of Class because the events Defendant Retention those moneys under of these circumstances and inequitable isunjust because enriched in retaining the revenues derived and Plaintiff Classmembers’ from ticket fees. and being charged, ticket fees herein. set forth as if

(Violation of the Consumers LegalCalifornia Remedies Civil oftheConsumers Act(the“CLRA”), § Code (Violation Case 3:20-cv-02685-SKDocument1Filed04/17/20Page12of22 . These misrepresentations and charges caused injuries toand Plaintiff members the of 53. 61. 60. 59. 58. 57. 56. 55. 54. s

are The conduct each of a Defendant was substantial facto Plaintiff Defendant reallegePlaintiff Because Defendant Defendant andPlaintiff members the Classconferred of benefits onDefendant reallegesPlaintiff an aconduct, Defendants’ resultAs and of Plaintiff other Classmembers have been reta y wouldnot have paid Defendant ining of

services to consumers.

and other class members are PLAINTIFF’ PLAINTIFF’ their s’ s

ha actions, representations and conduct have violated, and continue to ve

customers ticket full despite fees events that have been postponed orrescheduled. knowledge of suchbenefits. knowledgeDefendant of s and incorporate their enrichmen for unjust ss s ’ d incorporates the this paragraphs ClassAction of Complaint retention the non of ( S Unjust Enrichment Unjust S

Class Actio FOURTH

THIRD 1750,

- 11

et seq. s n Complaint CAUSE OF ACTION CAUSE

- the this paragraphs ClassAction of Complaint

s CAUSE OF ACTION CAUSE ’ ticket had the fees true facts “consumers” as that term isdefined by the )

- gratuitous benefits conferred on )

Defendants Defendants t.

postponing orrescheduling the r in causing this harm to s

must pay restitution to have

been unjustly

been known. s bypaying, them

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§ have described herein and/or and Plaintiff future, Terms injunctive relief that prevents § methods,unlawful acts and practices alleged herein pursuant to California Civil Code t transaction orinvolves confers rights, remedies, orobligations that it doesnot have orinvolve, or not.was supplied in accordance with a previous Cal. Civ. Code §1770(a)(16), represented Defendants that thea transaction subject of hasbeen involved advertised. California Civil Code §1770(a)(9), Defendant it sells a are of §1770(a)(7), Defendants refundable the if event postponed was orrescheduled benefits, orquantities,uses, which they don representations that the California Civil Code §1770(a)(5), Defendants the approval, source, sponsorship, orcertification the of Code §1770(a)(2), Defendants hat are prohibited bylaw” and including unconscionable provisionsin the Terms

1770 1780(a)(2). Case 3:20-cv-02685-SKDocument1Filed04/17/20Page13of22

violated, and continue to violate, §1770(a)(2), §1770(a)(5), § of Use of (a)(14 “service” within the meaning Cal. Civ. of Code §1761 62. 64. 63. Finally, in violation Cal. Civ. of Code §1770(a)(16), represented Defendants rights, remedies, and/or obligations

In violation Cal. Civ. of Code §1770(a)(14), represe Defendants ) . , § Plaintiff further further Plaintiff If Defendant If The Plaintiff Plaintiff The practices descri particular standard, quality, orgrade, whenthey another. are of

1770(a)(16 were intended to result in the sale event tickets the ClassMembers services request ’ acts and practices constitute improper representations that the s )

, and § are

further inclusionfurther unconscionable of provisionsin the Defendants’ demand ’ s acts and practices constitute improper representations regarding

that this Court enjoin Defendant

not restrained engaging from in these they sell have approval, sponsorship, characteristics, ingredients, that Plaintiff bed herein, specifically

1770(a)(19 s representation (that wouldbe available refunds will continueharm. to suffer judgment against under Defendants the CLRAfor Class Actio ot have, e.g., that the , which it doesnot have orinvolve. s and Ticketmaster ClassMembers from ’ advertised services with intent not to sell them as - ) 12 acts and practices constitute improper of the CLRA.Inviolationof California of Civil n Complaint

of eventof tickets to the . In violation California of Civil Code services Defendants’

(a),

s they from continuing from to employ the event tickets wouldbe (b).

1770(a)(7), §

sold. Inviolation of types of practicestypes of in the

acts and practices consuming public nted that a transaction I n violation of

I n violation of

of Use of 1770(a)(9) are a

“that a ) whenit services .

“good” “good” and ,

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seek to amend this ClassAction Complaint toeach seek, onbehalf of ClassMember, actual as required byCivil Code §1782within 30dayswith respe otherwise rectify the and false unfair, ordeceptive unlawful, practices complained herein. of that(30) daysfrom date differently by, without limitation, refraining from adequately informed and not intentionally deceived byDefendant misrepresentations and above. omissionsset forth misleading and deceptive advertising and marketing practices, including each t of that were postponed orrescheduled. policies tickets events paid that for were postponed orrescheduled that led reasonable customers to believe tickets. and/or misleading statements in connection with the advertising preceding the the filing of Action Complaint herein. set forth asif pursuant tofees California Civil Code §1780(d). and practices. disabled personorsenior citize damages at least of $1000,punitive damages, each $5000for anClassMember awardisa of who

Case 3:20-cv-02685-SKDocument1Filed04/17/20Page14of22

65. 71. 70. 69. 68. 67. 66. to allow Ticketmaster to continu ( False A

CIVIL CODE §1782NOTICE CODE CIVIL Plaintiff andPlaintiff Defendant Beginning at an exact date tobut unknown Plaintiff, within three (3 Plaintiff alsoPlaintiff requests that this Court award Should the violations herein alleged not be corrected, repaired, replace orrectified dvertising, Business and Professions Code §17500, ProfessionsCode and dvertising, Business reallege of thethis Complaint filing of that PLAINTIFF’ s made representations and statements (byo Class Action Complaint, the ClassMembers n, and restitution any ill of s and incorporate

S Class Actio that e to retain the price full customers’ tickets of to events

FIFTH they could receivethe purchase for price refunds of - relied to their detriment on 13 . Plaintiff . Plaintiff s

n Complaint

- CAUSE OF ACTION CAUSE byreference the this paragraphs Class of using or Had Plaintiff andHad Plaintiff those similarly situated been

Defendants Defendants - notice gotten gains due to acts Defendants’ because changed Defendants their purchas Defendants correct, Defendants re him ct to all ClassMembers,will Plaintiff

costsand reasonable attorneys’ , made untrue, deceptive false, s marketing and demand s , ing he mission and commission) wouldhave acted event tickets. et seq.

, and sale Defendants’ s (“FAL”)) that within thirty he pair, replace or ) years

event false, false,

28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1

Professions Code. Professions advertising, asdefined and prohibited bysection 17500, marketing prac prohibit Defendant above thereon. misleading and deceptive advertising and marketing practices complained herein, of plusinterest Defendant monies, as necessary and according to restore to proof, any and all monies a not have the characteristics, benefits, orquantit tickets based onDefendant absent Defendant were postponed orrescheduled representations a and warning omission that of it wouldretain members’ ticket the if fees they wou and trial, but r and in continue injury facthave and suffered, to suffer, advantage over Defendant significant financial gain, also constitutes c unlawful esult of such false, deceptive suchfalse, esult of and misleading advertising in an amoun

Case 3:20-cv-02685-SKDocument1Filed04/17/20Page15of22 Class Members - described practices constitute misleading false, and deceptive advertising. 72. 78. 77. 76. 75. 74. 73.

which the isin excess jurisdictional of minimum this Court. of ld not have purchased orpaid for s

from Plaintiff, the Plaintiff, general from public, orthose similarly situated the bymeans false, of Defendants’ Plaintiff seekPlaintiff seekPlaintiff seekPlaintiff a directAs and proximate suchactions, result and of Plaintiff The aforementioned practices, which Defendant Defendants tices to increase its profits. s ’

s representations and omissions; (c) they paid a price premium Def for lost from continuing from to engage in the money orpr s s engaged in these misleading false, and deceptive advertising and ’ acts and omissionsare likely to deceive the general public. ’ competitors aswell to asinjury the general public. s s s misrepresentations and omissions; and , on behalf of , onbehalf of , onbehalf of , onbehalf of ; (b)they wouldnot have purchased tickets on operty asa Defendant result of Class Actio Accordingly, Defendant

Defendants’ himself himself himself - ies aspromised. 14 n Complaint

and and and the ClassMembers ompetition and provides an unlawful false, misleadingfalse, and deceptive advertising

have lost money and/or property asa

the ClassMembers the ClassMembers event tickets absent Defendants’ et seq.

of the California of and Business s

used,and continue to use,to s

s /or (d)Defendant have ’ UCLviol t which will be proven at

In particular,

engaged in f , an injunction to , a declaration that the restitution, full of cquired by the ClassMembers the same terms

ations because:

s Plaintiff Plaintiff alse ’ tickets did

endant even its ts (a) s

’

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redress in order to recover monies paid to Defendant violations will require current and consumers future to repeatedly and continuously California, unlessspecifically ordered to comply with the same. This expectation future of public and the lo enjoined and restrained this Court, byorder will of continue to cause in injury fact to the general and marketing practices complained herein. of Suchmisconduct byDefendant differently by, without limitation: (i) declining to purchase adequately informed and not intentionally deceived by misrepresentations and gained financially from and Defendant Plaintiff notinforming Plaintiff, so to the analysis undertaken asto byPlaintiff whether to made. Defendant concealed by,Defendant toprovide events refunds that were that were postponed orrescheduled policies to were postponed orrescheduled because retroactively Defendants chan Members Action Complaint set f asif violated herein. ensure compliance future with the California Busin similarly situated and/or other consumers nationwide have noother adequate remedy at law to

Case 3:20-cv-02685-SKDocument1Filed04/17/20Page16of22 82. 81. 80. 79.

that they could receivethe purchase for pricetickets refunds of paid to for events that allow Ticketmaster to continue to retain the price full customers’ tickets of to events

Plaintiff andPlaintiff These misrepresentations and omissionswereexclusively known to, and actively Defendants reallegesPlaintiff and incorporates byreference the this paragraphs Class of

ss of money and of propertyss in that Defendant s ’ misrepresentations and omissionsconce (Common Law Fraud,Deceit and/orMisrepresentation Law (Common , and asa result of, fraudulent omissions. s PLAINTIFF’S PLAINTIFF’S , not reasonably toand known Plaintiff, material at the time they were ha orth herein. the ClassMembers ve fraudulently and deceptively informed . p Further, Defendant ostponed orrescheduled.

Class Actio SIXTH their Had Plaintiff andHad Plaintiff those similarly situated been - relied to their detriment onDefendant

15 breach. n Complaint

- CAUSE OF ACTION CAUSE s

breached ess and Professions Code alleged andess Professions to have been s to which Defendant purchase event tickets

s failed the event tickets rned material that facts were essential

s will continue to violate the lawsof their

it is to disclose s

, they duty to not entitled. ged the Plaintiff Plaintiff would have acted

him that it to wouldrefuse , (ii) purchasing .

Defendants’ Defendants’ . Defendant ) s In misleading

, unlessand until Plaintiff, those Plaintiff, and the Class seek legal s ’

s also fewer fewer

28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1

similarly situated to, without limitation, purc detriment. Specifically, Defendant Defendant event tickets price tickets for to events that were rescheduled or fraudulent practices by,without limitation, the following hand and onthe Defendants other as described herein; practices by,without limitation practicesbusiness outlined in this complaint. fraudulent mentioned Action Complaint herein. set forth asif and harm toand Plaintiff those similarly situated. designed to maximize Defe limitation, the amount they the paid for andomissions, Plaintiff those similarly situated damages, have including, suffered without Defendant

(Unlawful, unfair, and fraudulent trade fraudulent practices Professions unfair,and and violation ofBusiness (Unlawful, Case 3:20-cv-02685-SKDocument1Filed04/17/20Page17of22 90. 89. 88. 87. 86. 85. 84. 83. s s herein, Defendant

trade ’ intended to induce and Plaintiff those similarly situated to alter their position to their misrepresentations and omissions,and, accordingly, were damaged byDefendant , or(iii) the paying lessfor In particular, Defendant In particular, Defendant Within (4)years preceding four thethis lawsuit, filing of and at all times reallegePlaintiff Defendant a directAs and proximate Defendant result of andPlaintiff those similarly situated justifiablyand reasonably relied on By and deceit, through suchfraud, misrepresentations and/o practices in California byengaging in the and unfair, unlawful, fraudulent

(iii) PLAINTIFF’

a breach the contract of between and Plaintiff Classmembers onthe one s’ conduct asdescribed herein and wilful malicious was and was ndant s

have

s (i) and incorporate s ; (iv) ’ profits even profits though Defendant violating s engaged, and fraudulently and deceptively induced and Plaintiff those S Code §172 Code

s s conversion;

SEVENTH Class Actio event tickets event tickets. ha ha ve ve the CLRA asdescribed herein; (ii) hase

engaged, and engaged, and - 16 s

continue to engage, inand unfair, unlawful, n Complaint

00,

- the event tickets. byreference the this paragraphs Class of postponed

and (v

CAUSE OF ACTION CAUSE .

et seq. : (i) misrepresenting ) unjust ) unjust

) continue continues

s ’ would be refunded misrepresentatio s enrichment.

knewthat it wouldcause loss to engage, in and unfair to engage, in un r omissions,

that the purchase

violating ns and/orns ; and lawful lawful (ii) the FAL failing s .

28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1

declining t adequately informed and unfair, unlawful, fraudulent practices. business and HadPlaintiff those similarly situated been the purchaseof price tickets paid for to events that were rescheduled orpostponed. to described trade practices a deceptive and/or trade unlawful practices complained herein, of plusinterest thereon. Defendant monies, as necessary and according to restore to proof, any and all monies acquired by is in excess continue to significant enjoy, financial gain in an amount which will be proven at trial, but which tickets. Among other things,and Plaintiff th which will be proven at trial, but which the isin excess jurisdictional of minimum this Court. of as a suchdeceptive result of and/or trade unlawful practices and competition unfair in an amount members, and in continueinjury fact haveand have suffered tolost suffer m Defendant financial gain, also constitute competition unlawful and p prohibited bysection 17200, profits.

disclose Case 3:20-cv-02685-SKDocument1Filed04/17/20Page18of22

98. 97. 96. 95. 94. 93. 92. 91. Accordingly, Defendant s s o purchase

that wouldchange Defendants from Plaintiff, the Plaintiff, gene from ’ of the jurisdictional of minimum this Court. of competitors aswell to asinjury the general public. Plaintiff seekPlaintiff seekPlaintiff a directAs and proximate suchactions, result of Defendant a directAs and proximate suchactions, result and of Plaintiff the other class The aforementioned practices, which Defendant Defendant Defendant andPlaintiff those simila and event tickets Ticketmaster. from not deceived byDefendant s s engaged in these deceptive and practices unlawful to increase ’ re fraudulent, and/or unfair, unlawful. acts and omissionsare likely to deceive the general public. s s et seq. , on behalf of those similarly, onbehalf of situated, a declaration that the above , onbehalf of s ha ral public, orthose similarly situated the bymeans of of theCode. California of and Business Professions ve e class members lost the amount they the paid for engaged in unlawful Class Actio rly situated relied to their detriment onDefendant its policies himself - 17 n Complaint

and those similarly situated, restitution full of s to prevent customers obtaining from refunds , they

rovide an advantage unlawful over would have acted differentlyby,

trade practices, asdefined and s

have

used to s ha oney and/or property their ve enjoyed, and

significant

event

their s

’

28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1

specifically or money and property in that Defendant this Court,by order will of continue to cause in injury fact to the general public and the of loss complained herein. of Defendant public, Code allegedCalifornia and Business Professions to have been violated herein. the general public, monies paid to Defendant current and consumers future to repeatedly and continuously seek legal redressin order to recover

Case 3:20-cv-02685-SKDocument1Filed04/17/20Page19of22 respectfully requests that the Court enter judgment against 99. F. E. D. C. B. A. WHERE

An award of restitution awardAn of in an amount to be determined at trial; the CLR action except number f punitive awardAn of damages in an amount to be determined at trial der the CLRAare held in reserve pending compl action except statutory awardAn of damages in an amount to be determined at trial tice period damages causes compensatory awardAn of damages in an amount to be determined at trial deceptive,lawful, fraudulent, practices and business unfair alleged in this Complaint; orderAn temporarily and permanently enjoining Defendant counsel asclass counseltiff’s Certification the proposedClass of from continuing from to engage in the deceptive and/or trade unlawful practices dered to comply with the same. Plaintiff seekPlaintiff FORE, Plaintiff, on behalf of onbehalf of Plaintiff, FORE, of actionof except have noother adequate remedy at law to ensure compliance future with the A areA held in r u Suchmisconduct byDefend ; n

der the CLRA number s to which they were not entitled. s , on behalf of those similarly, onbehalf of situated, an injunction to prohibit f our (UCL)and number s our e number serve pending compl PRAYER FOR RELIEF PRAYER (UCL)and are held in reserve s will continue to violate California, the lawsof unless Class Actio ;

f our (UCL)

and Subclas himself This expectation violations future of will require - 18 n Complaint

number seven -

ant , s and , unlessand until enjoined and restrained those similarly situated, e

pending compl tion of thetion statutory of notice period ses even (CLRA),

number s Plaintiff, thos Plaintiff,

e tion of thetion statutory of notice period , including appointment Plai of

(CLRA), Defendant even s e from continuing from the u tion of thetion statutory of n

( punitive statutory e similarly situated CLRA s asfollows: and the general

onall causes of on all causes o ), damages under

damages u compensatory onall

;

n- , and n- n- ; o-

28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1

Case 3:20-cv-02685-SKDocument1Filed04/17/20Page20of22 G. Dated: herebyPlaintiff demand I. H.

An orderAn requiring For such further relief suchfurther For asthis Court may deem and proper just reasonableFor attorn amounts awarded; April 17 , 2020

Defendants Defendants s ey’s fees and suit theey’s fees incurred; costsof a trial byjury. JURY TRIAL DEMANDED TRIAL JURY

Class Actio to pay both pre LLP SAFIER GUTRIDE -

19 n Complaint 100Pine Street, Suite 1250

San Francisco, 94111 CA Marie Esq. Seth Safier, A. Adam Gutrid J. /s Seth A. Safier - McCrary, Esq. and post

- e, Esq. judgment interest onany /s/

and

Case 3:20-cv-02685-SK Document 1 Filed 04/17/20 Page 21 of 22

Exhibit A Case 3:20-cv-02685-SK Document 1 Filed 04/17/20 Page 22 of 22

1 EXHIBIT A 2 I, Derek Hansen, declare:

3 1. I am the Plaintiff in this action. If called upon to testify, I could and would

4 competently testify to the matters contained herein based upon my personal knowledge.

5 2. I submit this Declaration pursuant to California Code of Civil Procedure section

6 2215.5 and California Civil Code section 1780(d).

7 3. I purchased the electronic tickets at issue in this litigation from the Ticketmaster

8 website while in San Francisco or Foster City, California.

9 I declare under penalty of perjury under the laws of California that the foregoing is true

10 and correct.

11 Executed this ___ day of April 2020, in San Francisco, California.

14 ______Derek Hansen 15

16 17 18 19 20 21 22 23 24 25 26 27 28

-1-

DECLARATION RE CAL. CIV. CODE SECTION 1780(D) JURISDICTION