Frequently Asked Questions
- Why did I get the Notice?
- What is the name of the case, and where is it filed?
- What is this case about?
- What does Ticketmaster say about the case?
- Who is included in this class action?
- If the Court approves the Settlement, and I stay in the Class, what do I get?
- What happens if not many Class Members use the Discount Codes?
- What if I lose my Discount Codes or change my email address?
- What if I think I did not get all the Discount Codes that I should have?
- Are there any other benefits under the Settlement?
- Who pays for the attorneys’ fees and other costs associated with the case?
- Do the people who brought this case get anything extra?
- What am I giving up under the Settlement?
- How do I get more information about this settlement?
- When will Court decide whether to approve the Settlement?
- What if I want to object to the Settlement?
After several mediation sessions before impartial mediators, the parties reached the proposed Settlement for this case, which must be approved by the Court. If you received the Notice by email, it is because Ticketmaster’s records reflect that you are a member of the Class. You may also be a member of the UPS Subclass. The purpose of the Notice is to inform you of the terms of the Settlement, the benefits available to you under it, how this lawsuit and the Settlement may affect your legal rights, important upcoming deadlines relating to the Settlement, and the steps you must take if you want to object to or opt out of the Settlement.
The case is Schlesinger, et. al. v. Ticketmaster, Case No. BC304565. It is pending in the Superior Court of the State of California – Los Angeles, Central Civil West – Department 310.
Plaintiffs claim that some of Ticketmaster’s fees are deceptive and misleading. They claim that Ticketmaster’s description of its fees is deceptive and suggests that the fee for UPS delivery of tickets is a pass-through of the amount that UPS charged Ticketmaster for that delivery. Plaintiffs also claim that Ticketmaster's description of its fees caused customers to believe its Order Processing Fee ("OPF") was based on or related to Ticketmaster’s costs in processing orders, but was not based on those costs and was actually a profit generator which Ticketmaster required customers to pay.
Ticketmaster denied all of Plaintiffs’ claims and has defended this litigation for more than ten years. In addition to denying the merits of Plaintiffs’ claims, Ticketmaster opposed Plaintiffs’ request that the Court certify this case as a class action. If the Settlement is not approved, Ticketmaster will continue to fight the case and the only way that you and the other Class Members will recover anything is if Plaintiffs ultimately win the case at trial or if the parties subsequently reach another settlement that is approved by the Court.
The Class includes all consumers who (1) purchased tickets on Ticketmaster’s website ("Website") from October 21, 1999 through February 27, 2013; (2) paid money to Ticketmaster for an OPF that was not fully refunded; (3) did not and do not opt out of the Class; and (4) were residents of one of the fifty United States at the time of their purchase, including persons who placed, and then cancelled, a ticket order without obtaining a full refund of the OPF. If you also purchased UPS delivery for your tickets, then you are also a member of the “UPS Subclass.”
Certain people are excluded from the Class. They are (a) Ticketmaster, (b) any entities in which Ticketmaster has a controlling interest or which have a controlling interest in Ticketmaster, (c) the officers, directors, employees, affiliates, and attorneys of Ticketmaster, or (d) any employee or officer of the Court or their immediate family members.
(a) All Class Members receive discounts for future ticket purchases. You will receive Discount Codes via email, and the Discount Codes will also be available through an active link on your “my account” webpage on the Website. These codes will give you a discount of $2.25 each when applied toward subsequent purchases of primary tickets on the Website for events in the United States (except for events at AEG owned or operated venues). You will receive one Discount Code for each purchase transaction you made over the Website during the Class Period, up to a maximum of 17 Discount Codes. You can use two Discount Codes at the same time, for a $4.50 discount. Discount Codes are not transferable and may only be used by you, and each Code can only be used once.
(b) UPS Subclass Members receive additional discounts on future UPS ticket deliveries. If you are a member of the UPS Subclass, in addition to the $2.25 (“OPF”) Discount Codes that all Class Members receive, you will also receive UPS Discount Codes (sent via email and available on your “my account” webpage), for a $5.00 credit against your next UPS charge (or some other overnight delivery service that Ticketmaster may offer in the future) when ordering tickets over the Website. You will receive one UPS Discount Code for each purchase you made over the Website during the Class Period where you paid Ticketmaster to arrange to have your tickets shipped via UPS (again, up to a maximum of 17 UPS Discount Codes). You can use two UPS Discount Codes at the same time (for a $10 discount), and the UPS Discount can be used in connection with the OPF Discount Codes that you will also receive. UPS Discount Codes are not transferable and may only be used only by you, and each Code can only be used once.
If the Settlement is approved, Ticketmaster will issue approximately $386 million in Discount Codes, including the UPS Discount Codes, which are good for four years. If the Class Members do not use at least $42 million worth of codes, Ticketmaster has agreed to make free tickets for certain events available to Class Members on a first come, first served basis. Ticketmaster will make enough of the free tickets available to make up for the difference between the amount of Discount Codes that are redeemed and $42 million. You will not have to wait four years to determine if any free tickets will be issued. Beginning a year after the Discount Codes are first issued, the parties will evaluate their redemption rates, and if less than $10.5 million a year in Discount Codes have been redeemed, Ticketmaster will make free tickets available.
The process for getting free tickets is as follows: Along with the Discount Codes, you will automatically receive, via email and an active link on your “my account” webpage, a separate set of codes (one per transaction over the Class Period, with a cap of 17 codes) that you may redeem for a pair of free concert tickets at certain Live Nation owned or operated venues (“Ticket Codes”). If less than $10.5 million in Discount Codes are redeemed per year, Ticketmaster will make a sufficient number of tickets available to be claimed via the Ticket Codes to equal or exceed the value of the shortfall in the redemption of the Discount Codes, subject to certain limitations set forth in the Settlement Agreement. You may redeem each Ticket Code for two free tickets, with a maximum of two Ticket Codes (four tickets) per event. The tickets will be for general admission seating at designated concert events at certain Live Nation owned or operated venues. You can only use each Ticket Code once. Although you cannot transfer the Ticket Codes, you may freely transfer any tickets that you obtain using the codes. Any free tickets will be made available at the same time the tickets go on sale to the general public. There will be a limited number of free tickets, and they will be issued on a first-served basis as described in the Settlement Agreement.
All of the Discount Codes will be accessible to you on your “my account” webpage on Ticketmaster’s website. The Codes are associated with your email address on file. If you change your email address, and the Discount Codes are no longer reflected, at a future date, there will be a link on this website where you can update your information so that you can use your Discount Codes.
If there is a dispute regarding your settlement amount, or any other aspect of your participation in the Settlement (other than objections as set forth above), the dispute shall be decided by the Honorable John Wagner (Ret.).
Yes, there are several additional benefits.
(a) Ticketmaster will pay $3 million to the University of California, Irvine School of Law to be used for the benefit of consumers like yourself. In addition to the benefits set forth above, Ticketmaster will also make a $3 million cy pres cash payment to the University of California, Irvine School of Law’s Consumer Law Clinic. The money will establish the Consumer Law Clinic as a permanent clinic, and it will be used to: (i) provide direct legal representations for clients with consumer law claims, (ii) advocate for consumers through policy work, and (iii) provide free educational tools (including online tutorials) to help consumers understand their rights, responsibilities, and remedies for online purchases.
(b) Changes to Ticketmaster’s Website. Ticketmaster has changed its website and FAQs to add disclosures clarifying that Ticketmaster’s OPF may include a profit and is not limited to its order processing costs, and that its Delivery Price for expedited delivery via UPS may include a profit to Ticketmaster and is not the same as what UPS charges Ticketmaster. Although the specific language may be modified in Ticketmaster’s discretion, the same basic message must continue to be conveyed with respect to any ticket sales for which Ticketmaster charges a separate OPF and/or Delivery Price.
Under the Settlement, Ticketmaster will pay all of the attorneys’ fees and out-of-pocket expenses for the attorneys that have been certified to represent the Class and for the costs of administering the Settlement. You will not be required to pay any attorneys’ fees or costs from your share of the Settlement.
Lead Class Counsel will file with the Court an application (the “Fee Motion asking for an award of up to $14,960,000 in attorneys’ fees, which, if awarded by the Court, would represent a “multiplier” of less than 1.9 times Lead Class Counsel’s “lodestar” (the amount of time the lawyers for the Class have spent working on this case over the past ten years, multiplied by their hourly rates) as of March 31, 2012). Lead Class Counsel will also seek to recover the costs and expenses they have spent pursuing this case, not to exceed $1.5 million.
The Court will decide the amount of any fees and expenses to be paid to Lead Class Counsel. Ticketmaster will pay attorneys’ fees, costs, and expenses to Lead Class Counsel in the amounts determined by the Court, provided such amounts do not exceed the aforementioned limitations. These amounts are in addition to any other recoveries provided for in the Settlement. They do not come out of, and will not affect, the recoveries available to you and other Class Members. If the Court awards less than $14,960,000 in attorneys’ fees and/or $1.5 million in costs and expenses, you and the other members of the Class will not receive or have any claim to the money representing the difference between the agreed-upon limits and the amounts awarded.
Plaintiffs will ask the Court to make Incentive Awards not to exceed a total of $40,000 for the Individual Plaintiffs who have pursued the case for the Class. The Court will decide what amounts, if any, to award to each Plaintiff. Ticketmaster has agreed to pay any Incentive Awards approved by the Court up to a total limit of $40,000. This amount is in addition to any other recoveries provided for in the Settlement. It does not come out of, and will not affect, the recoveries available to you or other Class Members. If the Court awards less than $40,000 in Incentive Awards, neither you nor other members of the Class will have any claim to the money representing the difference between the agreed-upon limits and the amounts awarded.
You are releasing certain claims that you may have against Ticketmaster. The complete Release is contained in the Settlement Agreement. In summary, if the Court grants final approval of the Settlement, you will be deemed to have fully and finally released and discharged Ticketmaster and its related entities from any and all claims relating in any manner to the allegations made in connection with the claims alleged by Plaintiffs in this case. If you want more details about the scope of the release, you should read the Settlement Agreement which may be accessed here.
The Release also covers any and all claims for attorneys’ fees, costs or disbursements incurred by Lead Class Counsel or any other attorneys working with or under the direction of Lead Class Counsel for services rendered or value provided to the Class or the UPS Subclass. Nothing in the Release precludes any action to enforce the terms of the Settlement Agreement. Insofar as this Release extends to venues, the Released Claims shall not extend to any claims relating to the Face Value of Tickets (as defined in the Settlement Agreement). The Release also does not extend to any claims based on a breach of this Agreement.
This website has been set up to provide you with additional information regarding the lawsuit and Settlement and to allow you to update your email information. Copies of the following documents are available for download in .pdf format on the Court Documents page of this website: the Email Notice, the Settlement Agreement, the most recent version of the Complaint in this case, the Motion for Preliminary Approval of the Settlement filed by Plaintiffs’ attorneys, and the Court’s Order Granting Preliminary Approval. You may also make inquiries electronically to the Claims Administrator regarding this settlement and other important information relating to the Settlement by clicking here.
Additionally, any Class Member is free to inspect the court file, which is located at the Los Angeles County Superior Court, Department 310, 600 South Commonwealth Avenue, Los Angeles, California 90005.
You will not receive any benefits unless the Court decides that the Settlement is fair and approves it. The Court will hold a hearing to decide whether to approve the Settlement on January 13, 2015, at 10:00 a.m. in Department 310 of the Los Angeles Superior Court, located at 600 South Commonwealth Ave., Los Angeles, CA 92002. This hearing is called the “Final Approval Hearing.” All of the documents filed in support of, or arguing against, the Settlement, including the attorneys’ fees and expenses and the awards to the named Plaintiffs, will be filed in advance of the hearing and will be publicly available from the court file and on the Court Documents page of this website.
If you file a timely objection (explained below), you may (but are not required to) supplement your objection by timely filing a written opposition to any specific motion or application that has been filed with the Court, in accordance with the California Code of Civil Procedure. Any supplemental oppositions must be served on Plaintiff’s counsel by personal or overnight delivery at the address below by no later than December 1, 2014. The Settlement will not be final or take effect until five days after Final Approval as defined in the Settlement Agreement (which means five days after no party can take any further appeal in this case).
If you do not exclude yourself from the Settlement, you have the right to object to any aspect of the proposed Settlement, including the relief provided to the Class Members and/or the attorneys’ fees and expenses, and/or the Incentive Awards. You may make your objections personally or through any attorney that you hire. Even if you object to the Settlement, you will still be a Class Member and may still be entitled to share in the Settlement proceeds. The following is a summary of the requirements for filing an objection.
To be valid and considered by the Court, any objections by you must be submitted in writing, must be filed with the Clerk of the Court – DO NOT MAIL OR ATTEMPT TO FILE DOCUMENTS WITH THE JUDGE, THEY MUST BE FILED WITH THE CLERK OF THE COURT – and served by mail and/or email on Lead Class Counsel by September 15, 2014.
Your objection must include the following information:
- A heading referring to the Action;
- Your name, address, telephone number, email address, and the contact information for any attorney retained by you in connection with the objection;
- Any email addresses used by you in connection with the purchase of tickets from Ticketmaster’s website during the period from October 21, 1999, to February 27, 2013, and, to the best of your ability, the identification (description, date, and location of the event, date of ticket purchase, number of tickets purchased, and whether or not the tickets were delivered by UPS) of all purchases you made from Ticketmaster’s website during the Class Period;
- A detailed statement of each objection you are making, the basis for each objection, and the relief that you are requesting;
- A statement of whether you intend to appear, either in person or through an attorney, at the Final Approval Hearing (if you intend to appear through counsel, you must identify the counsel’s name, address, phone number, email address, and the state bar(s) to which the counsel is admitted);
- Any Points and Authorities in support of your objections should contain any and all legal authority upon which you will rely; and
- If you are going to request the Court allow you to call witnesses at the Final Approval Hearing, you should provide Plaintiff’s counsel a list of any such witnesses together with a brief summary of each witness’s expected testimony at least thirty (30) days prior to the Final Approval Hearing. The failure to provide this list of witnesses may prevent a witness from testifying at the hearing. However, submitting this list does not guarantee that the witnesses shall be allowed to testify.
Any counsel retained by you in connection with an objection shall identify all objections they have filed to class action settlements from January 1, 2010, to present and identify the results of each objection, including any court opinions ruling on the objections. Objector’s counsel shall also identify if they have ever been sanctioned by a court in connection with filing an objection.
If you file an objection, you must make yourself available for deposition upon ten days written notice, although the parties will work to accommodate your schedule to the extent practical. Also, for your convenience, the deposition must be taken within 40 miles of your residence, unless you agree to a different location.
An original and one copy of any objections you prepare shall be timely filed with the Clerk of the Court at the following address: Los Angeles Superior Court, Department 310, 600 South Commonwealth Avenue, Los Angeles, California 90005. Copies of all documents filed with the Clerk of the Court must also be sent to Plaintiffs’ counsel at the following address:
Robert J. Stein III, Esq.
1 MacArthur Place, Suite 200
Santa Ana, CA 92707
Tel: (714) 852-6837
Fax: (714) 852-6899