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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

It’s a sign for Haida Gwaii

Haida Gwaii signs will be bi-lingual to respect language

Skidegate man arrested following Queen Charlotte RCMP investigation

Man faces possible drugs and weapons charges

Cannabis and vaping 101

RCMP invite community to engage in cannabis and vaping dialogue workshops

Council Briefs | Village of Queen Charlotte: January 6

Grant writing, flood mapping, and the Seventh St. cleanup on the agenda

Pair of Haida Gwaii sailings cancelled due to windstorm

MV Kwuna will be parked due to the adverse weather

‘Presumptive case’ of coronavirus in Canada confirmed by Ontario doctors

Man in his 50s felt ill on his return to Canada from Wuhan, China

People knowingly take fentanyl so make policy changes to reduce harm: B.C. study

Dr. Jane Buxton, an epidemiologist at the centre, says drug users need more resources,

‘My heart is going to bleed’: Bodies brought back to Canada following Iran plane crash

Remains of Sahar Haghjoo, 37, and her eight-year-old daughter, Elsa Jadidi, were identified last weekend

UBC grad and sister killed in Iran plane crash had bright futures ahead, close friend says

Asadi-Lari siblings Mohammad Hussein and Zeynab were two of 57 Canadians aboard downed Flight PS752

BCLC opens novelty bet on Harry and Meghan moving to the west coast

Meanwhile, real estate agency points to four possible homes for the family

Coastal GasLink work camp in Vanderhoof gets approved by the ALC

The work camp behind the Vanderhoof airport was first rejected by the commission in October last year

Canada slips in global corruption ranking in aftermath of SNC-Lavalin scandal

The country obtained a score of 77, which places it at the top in the Americas

Wuhan bans cars, Hong Kong closes schools as coronavirus spreads

Hong Kong leader Carrie Lam said her government will raise its response level to emergency, highest one

Most Read