An additional $250 million class action lawsuit has been filed on behalf of all persons in Canada who purchased tickets from Ticketmaster for an event anywhere in Canada (other than Ontario) and were charged a convenience fee, or additional service charges over and above the issued price of the ticket.
The initial $500 million class action lawsuit was filed on February 9, 2009 on behalf of all persons who purchased tickets for an event in Ontario via Ticketmaster or TicketsNow. This expansion of the lawsuit of February 9, 2009 alleges that any transaction for the purchase of tickets via Ticketmaster or Ticketmaster Canada is governed by the laws of the Province of Ontario; which laws preclude the selling of tickets at a price higher than at which they were first issued.
The second class action lawsuit was brought by a Plaintiff in Edmonton, Alberta. On November 21, 2008, the Plaintiff visited www.ticketmaster.ca to purchase one ticket to see David Byrne perform in Edmonton, Alberta on February 22, 2009; and on December 13, 2008, visited www.ticketmaster.ca to purchase four tickets to see Jay Leno perform on February 26, 2009 in Edmonton, Alberta.
In the case of the David Byrne ticket, the website listed the ticket's price as being $55.50. As the Plaintiff completed the purchase, he was also charged and paid a building/facility charge of $1.65, a convenience charge of $10.25, and a $4.35 order processing fee, resulting in an actual cost of $71.75 for the ticket. In the case of the tickets to Jay Leno's performance; the website listed the face price of each ticket as being $79.00. As the Plaintiff completed the purchase, he was also charged and paid a convenience charge of $5.00 per ticket and a $2.50 order processing charge, resulting in an actual cost of $338.50 for the four tickets, or $84.60 per ticket. The suit alleges that Ticketmaster Canada sold the Plaintiff five tickets at a price higher than that at which they were first issued.
Class members who are currently included in the first class action lawsuit may not participate in the class action lawsuit filed February 12, 2009.