By Alfred Branch, Jr. StubHub! has begun notifying 13,000 of its customers/members that their names and contact information were released to the New England...

By Alfred Branch, Jr.

StubHub! has begun notifying 13,000 of its customers/members that their names and contact information were released to the New England Patriots as part of a settlement with the team from a lawsuit filed last year.

The Patriots had sought to punish season ticket holders or others who were reselling tickets on the website instead of using the Patriots’ authorized ticket exchange.

In his decision, Superior Court Judge Allan van Gestel wrote: “This court concludes that the Patriots, having legitimate interests in knowing the identity of the purchasers of Patriots’ tickets from the Patriots who then re-sell the same through StubHub!, should not be prohibited from using the information gained for reasons beyond the mere prosecution of this litigation. Indeed, one of the legitimate reasons for seeking the present information directly relates to the further prosecution of this case.”


In an email that went out to customers/members yesterday, Oct. 18, StubHub! President Chris Tsakalakis wrote the following:

“As a valued StubHub customer, we want to let you know about a court ruling that may impact you.

In November 2006, prior to StubHub’s acquisition by eBay Inc., the New England Patriots filed a lawsuit against StubHub over the rights of individuals to resell their Patriots tickets on StubHub.com. As part of the lawsuit, we were ordered by the courts to surrender the contact information of every person who used StubHub.com to sell, attempt to sell, buy, or attempt to buy a ticket to a Patriots home game from November 2002 to January 2007. 



We take the privacy of our customers very seriously, so we made every effort to appeal this ruling. Unfortunately, our appeals were not successful and we must now comply with the court’s order. To do so, we were required to give the Patriots organization your contact information, including your name, address, and phone number.”

Van Gestel wrote: “The Patriots have said that they intend to use the identities of the purchasers and sellers not only for this case, but also for its own other allegedly legitimate uses, such as canceling season tickets of ‘violators’ or reporting to authorities those customers that they deem to be in violation of the Massachusetts antiscalping law,

Neither StubHub! nor the Patriots would comment, but the move could have a chilling effect on the industry if more teams decide to take similar action and succeed. Massachusetts currently does not allow the resale of tickets for more than $2 above face value, but legislators in the state are close to approving a new law allowing unrestricted ticket reselling, that would not allow the Patriots or other teams to penalize fans who use websites of their choosing to resell tickets.

Tom Patania, president of the National Association of Ticket Brokers said that the group has notified its members on the decision, but he did not want to comment directly on the case.

“But, do I think it’s right?” he asked about the Patriots’ stance. “No.” Patania’s company, Select-A-Ticket was not among the 13,000 names, he said.

Comments

comments

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Alfred Branch Jr.

  • Anonymous

    October 18, 2007 #1 Author

    Enough is Enough, I am a full time Broker that pays its tax locate, state, and Federal. I have been in this business for 9 yrs. It has support my family and gave us a middle class life for 9 yrs. And now, because of the legal software the the Hannah Montana public Deal and know the Stubhub Deal with the Patriots, the Beginning of the End has started for this business.

    First of all, the business has gotton our hand with the scamers, and Part-Time Brokers getting in the business. These Part-Time Brokers (90% of them) has been hurting our business over the last couple of years. By double selling tickets on different websites, ebay, or craiglist because they are NOT taking care of business because they are doing there real jobs. I understand they are trying to make a little money on the side, come on, take care of business!! Plus, they are not paying taxes on the tickets either. For example, we bought some tickets on Ebay a couple weeks ago for a game (because we were buying them for a Good customer) (you get great deals from Part-Time Brokers on Ebay FYI) and the tickets where shipped from the same state we are in. The person or Business (the seller was a Powerseller with ebay with a company name) did not charge any sales taxes even though there business address was in the same State. That is wrong!!! We resold the same tickets and charged sales tax. Remind you, this seller was in the same state we are in and the events was in that state and the state requires you to charge Sale Taxes. I understand Business to Business sales, but what if I was not a Business by an individual??? TAKE CARE OF BUSINESS PLEASE!!! This is one of the reasons why everyone is coming down our Buisness!! FYI, we have reported that seller to the State. And we will follow up with it too!!!

    Second, the ticket software issue. I am glad that the Judge rule againest it!! This give everyone a fair chance to get tickets. My take on this, is that every broker that did not have this software should get together and sue the software company and the Brokers that used it for unfair practices in the marketplace. Remember, the biggest company in the country (starts with a M and has Soft in it)got sue over it too (for unfair practices in the marketplace). Is there a case there? I BELIEVE SO!!

    Also, the software issue over the Hannah Montana caused a closer look at the Business too. What are you thinking people??? We have a Great industry, WHY MESS IT UP!!! WHY!!! Great job on that one!!!

    And third, The Stubhub issue! They are cutting there on throats on that one. Giving out customer information?? What are you thinking??? You should not have been selling tickets in Mass in the First Place!!! I think what is happening is that people are forgetting who owns the inventory!! I’m I right?? Don’t roll you sellers under the bus.

    And finally, to me the Ticket Business is starting to see its final days unless we start stop being greedy (on events that you know are going to be a Real issue in the public eye) and start practicing business a little better. We all need to become Watch Dogs, start policing our industy and pay our taxs. If we do that, they will leave us alone.

  • Anonymous

    October 19, 2007 #2 Author

    Being a season ticket holder for over 20 years and always playing by the rules (except when my brother DIED), we had no choice but to sell our 4 tickets 2 years ago ONCE. And for that one & only time, we are going to lose our season tickets? Does this sound fair??? After the Stub Hub 15% fee, we had a PROFIT of $1.40. We should of just burned the tickets or put them in the compactor!!!! The Patriots are going to cancel season tickets belonging to season ticket holders and basically CANCEL THE FANS who backed them when they were NOBODY. This is the way they can fill all those waiting list customers. This is making me sick and I’m sure THOUSANDS of other Fans. I am disgusted but all we can do is sit and wait for them to send a letter saying you’ve been CANCELLED. Thanks alot Stub Hub !!!

  • Anonymous

    October 19, 2007 #3 Author

    StubHub as lost my business. Plus I am going to tell everbody I know at what StubHub and the Patriots are doing. I also, will next go to a Patroits game again. I was at a Bar Friday Night on Franklin and everyone was talking about what StubHub and the Patriots are doing. A lot of people are upset because a lot of them sell there tickets to game they cannot go too. Or sell playoff games to help pay for there season tickets because they are so High. Patriots you have lost a fan today.