Denver, CO: Colorado Rockies ticket holders have filed a consumer fraud class action lawsuit against the baseball team alleging it has an illegal arrangement that prevents ticket holders from selling their tickets anywhere but on StubHub. Marilyn Sweet, lead plaintiff in the federal lawsuit, is alleging the Colorado Rockies Baseball Club is violating the Colorado Consumer Protection Act.
Only the baseball club is named as a defendant in the lawsuit. Sweet claims that the Rockies get 50 percent of the service fees StubHub charges, and will kick fans out of the Coors Park on game day if they bought their tickets anywhere other than the club' official website, which serves as a portal for StubHub, a subsidiary of eBay.
"Defendant knowingly imposes restrictions on the resale of its tickets that are unlawful under Colorado law - which was specifically enacted to provide Colorado consumers with an unrestricted secondary market for the resale of tickets," the lawsuit states.
"By doing so, ticket purchasers, such as plaintiff Marilyn Sweet, are injured, because they are unable to purchase or resell their tickets in a manner that allows them to satisfy personal preference and maximize profitability without risking invalidation of the ticket license. Through her complaint, plaintiff seeks to require defendant to bring its conduct and tickets into compliance with the law and to recover all damages suffered as a result of its unlawful practices," the complaint states.
The class consists everyone in the United States who bought a ticket for a Colorado Rockies home game from March 19, 2008 until now. Sweet seeks an injunction, costs, and damages for violations of the Colorado Consumer Protection Act, bad faith, breach of contract and unjust enrichment. She is represented by Steven Woodrow with Edelson Law.
