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

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

Just Posted

‘Do not push the button’: Downtown Kelowna crossings go touchless amid COVID-19 pandemic

The pedestrian crossings at 19 intersections were automated last week to reduce contact points

Join the Regional District on Instagram Live

The Regional District of Central Okanagan parks interpretive programs are going online

COVID-19: Diabetes Canada donation bins becoming garbage dumps amid pandemic

Diabetes Canada has asked residents to stop overflowing bins with donations and garbage

Okanagan College students receive emergency funding

Funding is available to domestic and Indigenous students from the Ministry of Advanced Education, Skills and Training

Lake Country ceases tourism operations for 2020, Okanagan tourism continues to suffer

The District of Lake Country voted to suspend tourism on March 31

Summerland couple sharing positive messages

Carsten and Val Nielsen are displaying professionally made signs during COVID-19 pandemic

COLUMN: The other graph that shows B.C. can beat COVID-19

Is the curve being flattened? data on hospitalizations provides a crucial answer.

COVID-19: Vernon company creates reusable respirators

From athletes to those most at risk, VO2 Master’s adapts production to fill PPE need

Okanagan College grading system critical despite COVID-19 pandemic

On heels of petition penned by student, VP academic says grading system necessary for accurate assessments

Here’s how to talk to people who aren’t taking physical distancing seriously

Approach the conversation with empathy says conflict expert

B.C. clears more acute hospital beds as COVID-19 case growth slows

Province holding about 40% of beds empty for peak still to come

As 500K+ apply for emergency benefit, Trudeau says aid coming for Canadians left behind

Canada Emergency Response Benefit provides $2,000 per month

Spike of visitors to Princeton-area stressing grocery supply chain and healthcare teams

‘We are really not set up to have this many people at this time of year.’ Area H Director Bob Coyne

Most Read