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Ticketmaster claims 'pricing error' in listing of $25 Kenny Chesney tickets

By Alfred Branch Jr.

In what the company is calling a "pricing error," Ticketmaster is cancelling $25 tickets it mistakenly sold for Kenny Chesney's June 18, 2011, concert in Philadelphia, because Ticketmaster said the tickets were supposed to be priced at $99.50 each.

How many erroneous tickets the company sold to the Lincoln Financial Field show is unknown, but considering the singer-songwriter's immense popularity, and the size of the stadium, the number could be in the thousands. The stadium, which is best known as the home of the Philadelphia Eagles, holds close to 70,000 spectators, and the seats in question were in the upper deck Club Level sections.

Tickets for the concert went on sale on Saturday, November 13, and fans who ordered the $25 tickets were notified of the mistake in an e-mail sent out this past weekend. Ticketmaster apologized for the mistake and gave fans the choice between receiving a full refund or re-purchasing the tickets at the new price, which is three-times more expensive.

The text of the e-mail is below:

Dear Kenny Chesney Fan,

On behalf of Lincoln Financial Field, we regretfully inform you that there was a pricing error on your tickets for:

Kenny Chesney
Lincoln Financial Field
June 18th, at 4:30PM

Unfortunately, the wrong price was placed onto the system due to an inadvertent error by the venue's box office. The ticket price you paid was $25.00, plus applicable service charges, however the correct price for your seats is $99.50, plus applicable service charges.

What do I need to do?

If you'd like to keep these seats for the show, please reply to this email by December 3rd at 7:00PM EST with authorization to charge your credit card the correct price (an additional $74.50 per ticket purchased), and please include the following account number x-xxxxx. Your current tickets will still be valid for use on the day of the show.

Prefer a refund? You don't have to do anything – if we don't hear from you by December 3rd at 7:00PM EST, we'll refund your card the full amount automatically. If you prefer a refund, please discard the tickets we sent you – they will be canceled and won't get you in.

Please accept our sincere apologies for this error.

Ticketmaster Fan Support

The mistake has Gary Adler, legal counsel for the National Association of Ticket Brokers (NATB), scratching his head.

"It's a long-standing general rule of law that a party to a contract can't get out of its deal by claiming a clerical error," he said. "So, I'm baffled as to how Ticketmaster can enforce its own unilateral mistake."

Adler has been contacted by several brokers who bought the $25 tickets, and the NATB is discussing whether to file some sort of complaint.

"Can you imagine if our guys [brokers] did that? They'd be out of business," Adler said. The NATB has taken great pains to bolster the image of the ticket broker community, and NATB members agree to strict codes of conduct before they are admitted to the organization.

In its Purchase Policy, Ticketmaster, which is a division of Live Nation Entertainment, states that it has the right to cancel tickets when such errors arise. But as one broker told TicketNews, the move calls into question the company's trustworthiness: "What this essentially means is any ticket you 'buy' from Ticketmaster is subject to pricing changes for whatever reason they determine."

Ticketmaster's Purchase Policy states, in part:

Pricing and Other Errors
If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this website or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then Ticketmaster will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this website or other Ticketmaster operated system.

Comments

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Anonymous's picture
 

gnolan1172's picture
gnolan1172

Tickets, by and large, are revocable licenses. Ticketmaster and/or their clients don't really need a reason, legally, to cancel/change orders providing they offer refunds and/or first right of refusal (both of which were done in this case). That being said, it seems like the Lincoln Financial Field Box Office is to blame. They are the ones who ultimately provide the pricing information to Ticketmaster.

tm's picture
tm

jmf,
To sue Ticketmaster is a waste of time. You have to file in the State of California and unless you live in California that will be difficult without a lawyer. Does anyone want to engage a $200 and hour lawyer over $75? Ticketmaster know this and that is why they make it so difficult.
A class action law suit would have to be launched by a Federal Attorney and again this would cost the government thousands of dollars before it even made court.
Lousy PR by Ticketmaster. They accidentally sold tickets for Monster Mayhem for $0.00 this summer and let fans keep the $100 tickets.

deepsand's picture
deepsand

jnf said "ticketmaster's terms and conditions = the law according to the feds and to ticketmaster"

To be accurate, said Terms and Conditions are binding according to CONTRACT Law as regards Contracts of Adhesion.

jcu604's picture
jcu604

It's a no win situation with Ticketmaster, they suck. I have been corresponding with them by email and they just keep saying, "thank you for being a fan, you can either cancel or pay the difference"

jmf's picture
jmf

no bluecows87 there's nothing you can do but sue them, because ticketmaster's terms and conditions = the law according to the feds and to ticketmaster....in most cases i'd say the lawsuit wouldn't be over in time for the concert but since artist and promoters love to collect interest concert/sports goers money you make actually have enough time to sue and win before the concert...The concert is over 6 months away...Some nice interest they earn there

blucows87's picture
blucows87

Is there anything we can do?? This is absolutely ridiculous and wrong. Since the customer did not do anything wrong, I think Ticketmaster should rectify the mistake by crediting the tickets for the price they were sold for.

Additionally, the Ticketmaster website is STILL advertising the wrong price on the tickets. This seems like an attempt to completely misrepresent the price, as well as take advantage of the customer.

Is there anything we can do? I cannot afford to pay $100 a ticket, when I thought I was paying only $25 a ticket.

jmf's picture
jmf

meant to post PA state retail law but i'm sure it's similar

jmf's picture
jmf

so, the question is, is after having a kenny chesney concert at lincoln financial field with similar prices several times already at the lincoln financial field, and also having extensive contact with the venue over the last several years, WAS reasonable care applied to make sure the prices were valid before the error happened...My answer is NO, your answer is YES and so there's the legal argument in a nutshell

jmf's picture
jmf

i hate to say it but what i mean is that you think you can define reasonable care yourself (yourself meaning ticketmaster). BUT, i think the people define reasonable care. Those same people you say aren't defining a framework of retail law in the constitution

jmf's picture
jmf

TM, well it depends on your definition of "reasonable care": http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=17001-18... >

jcu604's picture
jcu604

The best thing is Ticketmaster didn't even offer to sell the tickets and deduct fees.

tm's picture
tm

jmf,
There is nothing in the US constitution that mentions retail law. This is a personal contract law and by using Ticketmasters site you agree to their terms. Ticketmaster is not breaking any Federal laws or that laws of the state of California.

Jerzey's picture
Jerzey

Heres what I think...I think ticektmaster should MAN_UP and eat it...it was their mistake and if they DIDNT I would make damn sure that I NEVER bought tickets from them again...EVEN if that means paying a higher price. They should check their pricing before posting them. It was their fault they should eat it PERIOD!

P.O.ed in DE's picture
P.O.ed in DE

What if I sold my tickets for $60 to someone on Craigslist that now I have no way of getting in touch with them. Now, I'm not going to want to buy the tickets for over $100 that I already sold for less. If I don't re buy those same tickets I would be stealing from the guy who I sold the tickets to.

jmf's picture
jmf

for whatever reason ticketmaster's terms and conditions are considered to be the U.S. constitution by the Feds themselves (see the wiseguys case). Or in this case, in small writing in the terms and conditions on their site...Since when did terms and conditions on a ticketing site become the law? Is this a huge gigantic leap into corporatocracy (is that a word?) but you get the point ticketmaster is controlling the law rather than the law of the people controlling ticketmaster

Chesneygirl's picture
Chesneygirl

Ticketmaster should honor those $25 tickets - it is not the consumers fault that they purchased (in good faith) $25 tickets. Kenny will get paid anyway, though he does get a percentage of all those tickets...which again TM should honor and pay him too, because it isn't Kenny's fault TM erred in the pricing of those tickets. When a store mismarks items the consumer gets a break and the store has to honor the price as marked, and TM should do the same.

tm's picture
tm

The disclaimer is in Ticketmasters term of use, which you agree to by using their site.

http://www.ticketmaster.com/h/terms.html?tm_link=help_nav_5_terms

It is quite clear that by using the site that you agree that any pricing errors are not Ticketmaster/Livenations fault. In fact they can cancel your tickets at any time should they wish.

jcu604's picture
jcu604

I purchased two tickets for this price and told by Ticketmaster that I can either pay the difference or cancel. If I do neither my tickets will be cancelled by December 2, 2011. Ticketmaster told me that the venue made the technical error. Lincoln Financial Field told me that Ticketmaster made the technical error. Lincoln Financial Field offered to look for better seat locations for additional money, cancel my order or accept my original order with additional money. My original receipt does not have a disclosure or disclaimer.

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