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Class Suit Targets Devils' StubHub Restrictions

Thursday, June 04, 2015   (0 Comments)

New Jersey Law Journal (04/22/15) Toutant, Charles

A putative class-action suit filed against the New Jersey Devils alleges the team breaches state law by limiting the resale of individual tickets by season ticket holders. The suit claims the Devils deem Ticketmaster their exclusive ticket reseller, and cancels season tickets or exacts additional fees when fans resell tickets by other means, including StubHub. The plaintiffs argue the team's restrictions on resales violate explicit safeguards for ticket holders' rights under New Jersey law to sell their seats without limits. They cite the state's Consumer Fraud Act and Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA) as the statutes the team violates. The litigants are seeking certification of a class of all Devils season ticket holders, along with two subclasses: those whose subscriptions were not renewed because of their resale of individual tickets, and those who were charged fees imposed on season ticket holders who the Devils label as rival resellers. The plaintiffs also are seeking an injunction against further violations and statutory damages of $100 per violation under the TCCWNA, in addition to attorney fees and costs. According to the suit, the plaintiffs tried to resell tickets when they were unable to attend some of the Devils' home games, and they contend online resellers such as StubHub are “the most efficient way for a season ticket subscriber to sell unusable tickets.”


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