PROFECO, Mexico’s Office of the Federal Prosecutor for the Consumer, announced that a Mexico City judge admitted a class action lawsuit against Ticketmaster and concert promoter OCESA. Multiple breaches such as the unilateral cancellation of tickets or a refusal to refund the full amount paid by customers led to the collective action, according to a press release by PROFECO.
On April 26, the Ninth District Judge in Civil Matters of Mexico City, Guillermo Campos Osorio, declared the lawsuit filed by PROFECO as appropriate and recognized the class action for consideration. The number of consumers represented within the lawsuit has been revealed to be 521, and it is expected to increase as PROFECO has called on the consumers to reach out if they have been affected by the cancellation of tickets, refusal of access or refund for the cancellation for any cultural, sports or entertainment event from 2021 until now.
“The class action resulted from multiple consumer complaints that have accumulated since 2021 and through to the present,” PROFECO said in a statement.
At the December performance by Bad Bunny at Azteca Stadium in Mexico City, thousands of fans were denied entry to the stadium as the star took the stage, leading to huge portions of the audience appearing to be empty. Ticketmaster Mexico, which was acquired by Live Nation in 2021 as part of the giant’s purchase of OCESA, attempted to blame the mess on fake tickets, but regulators later said that the company had oversold the performance, creating chaos at the gate.
Several months following the incident, PROFECO said it had already received more than 1,600 complaints from fans who had been denied entry at the stadium. And its head, Ricardo Sheffield, expressed public doubt over the issues being fake tickets, as PROFECO had received numerous similar complaints in the past related to Ticketmaster entry denials.
According to PROFECO, the Attorney General’s Office filed a class action lawsuit – originally on behalf of 434 consumers – against Ticketmaster and OCESA, which controls 64.5% of entertainment services in Mexico, in December. Majority ownership in OCESA was acquired by Ticketmaster’s parent company Live Nation in 2021.
The release stated: “These situations reflect a widespread non-compliance in the provision of the entertainment service with respect to various musical, cultural, sports, artistic and recreational events, violating the rights of consumers.”
Among others, the lawsuit springs from multiple consumer claims including unilateral cancellation of tickets, violation of the conditions originally offered by suppliers and a refusal to fully reimburse the amount paid by fans along with service charges and the bonus of 20 percent of the ticket’s total cost.
Back in December, Ticketmaster issued an apology after an “unprecedented” number of people were sold fake tickets and denied entry to Mexico City’s Estadio Azteca for the penultimate Bad Bunny concert of 2022. It promised full refunds to those who purchased legitimate tickets but were also denied entry at the venue during the chaotic scene.
