By Alfred Branch, Jr.
The attorney representing a group of unhappy Aerosmith fans in a class action lawsuit against the band said the complaint was launched because thousands of fans were out hundreds of dollars beyond the cost of tickets.
In an interview with TicketNews, Brandee Faria explained that the band’s planned Sept. 26 concert on Maui presented logistical challenges for fans that most normal shows do not.
“Aerosmith announced that it was going to come to Hawaii and perform a concert on Maui, where about only 11 percent of the state’s population live. Unlike the mainland, where most concerts can be attended for the price of the ticket and some gas, most of the 10,000 Hawaii fans had to pay for airfare, hotel and car rental,” Faria said. The show was scheduled for a Wednesday when many people would have to take time off from work in order to attend.
The band then cancelled, rather than reschedule the Maui concert, a few days before the scheduled show in favor of a larger, more profitable concert in Chicago, according to Faria, but when the band first announced the cancellation, “they provided no reason at all” for the move. Later, they said the reason for canceling was logistics in getting their equipment to Hawaii, but Aerosmith then allegedly came to the islands with their equipment, spent a few days vacationing on Maui, and then performed a private gig for Toyota on Oahu only days after their cancelled Maui concert, Faria continued.
“Aerosmith made a choice and chose other, more lucrative performances over their Hawaii fans,” she said. “Consequently, they should be required to reimburse their Hawaii fans for the damages which they caused.
“We also are seeking punitive damages, which, given the success of Aerosmith, could be substantial if we were to be successful on this claim,” Faria added.
Representatives for the band did not respond to a request for comment on the lawsuit.
Faria said her firm has never sued an artist for damages resulting from a cancelled performance, but laid out several reasons why she believes the case has merit. First, the tickets for the Maui show do not have a disclaimer, “in fact they say on the front ‘No Refunds/ Exchanges,’ and the show will be performed “Rain or Shine” and on the back they say ‘Positively No Refunds.’ None of the typical ‘your losses limited to the face value of the ticket/we reserve right to cancel/reschedule.’”
Second, the band performed in Hawaii at the private show soon after the canceled Maui show would have been held. Third, Aerosmith allegedly decided “to cancel the Maui show because they had rescheduled their Chicago show (seating 19,000) to the Monday before the Wednesday Maui concert,” but they did not reschedule or cancel the Chicago show instead, nor did they reschedule the Maui show. The band’s equipment “was here, they simply decided it was not convenient for them to do so and cancelled.”
Fourth, the band was allegedly lax in notifying the Maui fans, which prohibited many of them from canceling their travel plans.
“Ten thousand people are out anywhere from a couple bucks to over a thousand: if you use a conservative average of $100-$300 each and you multiple that times 10,000 fans, what you get is $1 million to $3 million. Maybe chump change for Aerosmith but real money to Hawaii people,” Faria said.
Last Updated on March 17, 2009 by Alfred Branch Jr.
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Leave it up to us spoiled Americans to complain about being in Maui for a concert that does not happen. Yes Asimth should reimburse the tickets but no one forced these so called “fans” to go to Maui. I my self have traveled great distance to see my favorite band, I did not depend solely on the band to keep me occupied or content. A concert last about an hour maybe two tops. The “fans” had more things on there minds than Aerosmith. Boohoo Piss off.
So if I make plans to fly to Denver for game 6 of the World Series, buy tickets, book a hotel and car, get there a couple of days early with my family and go out for meals and entertainment, can I then sue the Rockies when they lose the series in 5 games and game 6 is never played? If they had played better I would have received my product. Or if they had played worse and lost in 4 games, I could have cancelled my plans before incurring more expense. Obviously this situation would not be my fault, but that of the Rockies players, so I’ll sue each one of them individually, (perhaps especially those that didn’t get any hits). And, of course, I’d be entitled to far more than what I lost from travel and other expenses — probably 10 times as much.
Maybe we should let our courts worry about murderers and rapists before they concern themselves with friggin’ Aerosmith.
Absolutely ridiculous.
You know, the lawsuit may or not have merit, but the argument posed by anonymous about the Rockies borders on stupidity, not the same thing – Aerosmith isn’t being sued for playing a bad show and it’s not “act of god” (ie rain, fire or what have you) which might cancel a game or concert from time to time. And murders and rapists will not be in the same court as Aerosmith, they have seperate courts for civil cases, if this even makes it that far. Nice try.
It’s not meant to be a comparison. Rather exaggeration and sarcasm of the situation in order to illustrate the ridiculous nature of lawsuits in today’s society.
I think it was very selfish and evil to excite all of us over here in maui, then just cuz they felt ”tired, yawn” they didn’t have to work.
YOU SELL ME A TICKET, I VIEW IT AS A CONTRACT!!!!!!!!!!!!!!!!
I think they should lose more then 1-3 mil on this, make them feel the drag on their bank that they made all of us feel.
If they don’t want to be sued, I suggest they get their butts back over here and play for us like they said. and this time not ditch cuz they didn’t feel like unpacking their guitars and equipment, you lazy suckers!
I applaud the fans for this lawsuit. It is about time that Rock groups start to respect their fans and stop abusing them. Like any other business or person they must be accountable for their actions and take responsibility. To take another concert just because you can earn mnore money and then LIE about it is despicable. If an opening act was to do this to them they would be the first to sue! I can’t even imagine what they would do if they had spent all the money to get there and the promoter cancelled on them because he had to reschedule another act….AEROSMITH Lawyers would be in overdrive. Stand up fans…We’re not gonna take it!!!
I applaud the fans for this lawsuit. It is about time that Rock groups start to respect their fans and stop abusing them. Like any other business or person they must be accountable for their actions and take responsibility. To take another concert just because you can earn mnore money and then LIE about it is despicable. If an opening act was to do this to them they would be the first to sue! I can’t even imagine what they would do if they had spent all the money to get there and the promoter cancelled on them because he had to reschedule another act….AEROSMITH Lawyers would be in overdrive. Stand up fans…We’re not gonna take it!!!
It’s absolutly insane to sue the band. I’m sure somehow someway Aerosmith would try to reinburse the fans for the tickets or the stadium possibly. But….if they are suing the band then….I believe it is obvious they are absolutly not fans just people out to gain a buck! Complete Aerosmith fan. Kathy Kelly
You can’t compare what Aerosmith did to game six of the World Series. Fans who buy tickets to WS games understand that that it’s a “best of” series and they are taking a chance they may never see the game. You can compare however what Aerosmith did to the 1919 World Series. Shoeless Joe, “Swede” Steven, “Happy” Tom, “Sleepy” Brad, and “Lefty” Joey have thrown the series on their Hawaii fans and left themselves with quite a scandal. How ironic that a Boston-based band does this.
Why should a big time, big name rock band care about it’s fans, especially now that they’ve become wealthy and secure in the music industry? We’re just working people who’ve given our hard earned money to buy their tickets and albums since the 70s. I’m honored that my purchase of Toys in the Attic 30 years ago gave them income to be so high and mightly.
This isn’t someone sueing due to not realising that loud music would be played of something like that, this is people asking for at the very least to get their money back for lack of a service. Although on the other hand the ticket states that no refunds given, the act of sueing will stop at least one band doing this sort of stunt again.
Vis a vis the guy who thinks it’s ridiculous that folks are upset about losing $$; it’s always easy bear other people’s losses dude. I’ll bet you’d be the first on line at small claims court if it was your money!