The Tragically Hip perform in 2009. The band’s final tour in 2016 sparked renewed public outcry across Canada about ticket ‘bots’ snapping up event tickets and reselling them for a profit. (Scott Alexander/Wikimedia Commons)

The Tragically Hip perform in 2009. The band’s final tour in 2016 sparked renewed public outcry across Canada about ticket ‘bots’ snapping up event tickets and reselling them for a profit. (Scott Alexander/Wikimedia Commons)

B.C. man’s lawsuit over Ticketmaster, StubHub can proceed, judge rules

Class action on behalf of people who lost out due to ‘ticket bots’

A B.C. man’s lawsuit over ticket resellers jacking up prices for live events has taken a step forward in B.C. Supreme Court.

David Gomel is suing TicketMaster and associated companies in a class action on behalf of all B.C. residents who bought event tickets for personal use from resellers between Jan. 25, 2010 and Sept. 18, 2018. It’s one of a series of similar class action lawsuits, and Gomel alleges that Ticketmaster isn’t doing enough to stop scalpers from using “bots” to scoop up tickets within seconds of them going on sale.

B.C. Supreme Court Justice Michael Tammen ruled this week that Gomel’s lawsuit can proceed, refusing a procedural motion by Ticketmaster lawyers to stay the action until Saskatchewan case involving multiple provinces can be decided. Ticketmaster has not yet filed a statement of defence in the B.C. case.

Gomel’s case is based on his purchase of a concert ticket from a secondary seller, StubHub, which was originally sold by Ticketmaster.

RELATED: B.C. law attempts to regulate online ticket resellers

RELATED: Survey finds frustration with fast event ticket sellouts

“Broadly put, the essential claim is that Ticketmaster represents on its website, at the time of initial sale of all tickets, that there are purchasing limits in place for the number of tickets per customer, and that such limits ensure fairness and prevent purchasers from purchasing a large number of tickets for resale,” Tammen wrote in a decision released this week.

“The notice of civil claim alleges that Ticketmaster has, contrary to the representations on its website, actively developed and marketed software called TradeDesk, which facilitates and encourages the use of ‘ticket bots.’ Ticket bots are automated software programs used to allow one purchaser to purchase a large number of tickets online.”

B.C. Public Safety Minister Mike Farnworth passed legislation in the spring of 2019 aimed at preventing mass-buying software for live event tickets. The law requires clear disclosure of ticket prices, refund guarantees by secondary sellers and declarations by them that they are not the original ticket provider. Enforcing such rules is hampered by ticket resellers operating outside of the province.

The B.C. government hosted an online questionnaire in March 2018 on the subject. Of the 6,507 people who responded, 96 per cent reported live event tickets selling out quickly, and nearly 60 per cent said they had seen tickets offered by a secondary seller before the primary seller made them available.


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislature

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Salmon Arm Mayor Alan Harrison is comfortable waiting his turn to be vaccinated for COVID-19, as per the B.C. government’s updated vaccination timeline released on Friday, Jan. 22, 2021. (File photo)
Province’s vaccine timeline a shot of hope for Salmon Arm mayor

Mayor Alan Harrison sees majority of residents taking precautions against COVID-19

Interior Health reported 79 new cases of COVID-19 and two new death in the region Friday, Jan. 22, 2021. (Ben Hohenstatt/Juneau Empire)
79 new COVID-19 cases, two deaths reported in Interior Health

Both of Friday’s deaths were both recorded at long-term care homes

Adams Lake Kukpi7 (Chief) Cliff Arnouse (pictured), Neskonlith Kukpi7 Judy Wilson and Little Shuswap Lake Kukpi7 Oliver Arnouse released a joint notice regarding confirmed cases of COVID-19 in their respective communities. (File photo)
Secwepemc First Nation bands responding to COVID-19 cases in their communities

Adams Lake, Neskonlith and Little Shuswap Lake band chiefs release joint notice

The CSRD will be hosting online budget consultations and their board meetings will also be streamed online for the foreseeable future. (CSRD Image)
Columbia Shuswap Regional District budget and board meetings will be held online

A first draft of the budget is available on the regional district’s website

(Pixabay photo)
Black Press Weekly Roundup: Top headlines of the week

In case you missed it, here’s what made waves throughout the week

Sunnybank in Oliver. (Google Maps)
Sunnybank long-term care in Oliver reports third COVID-19 death

The facility currently has an outbreak with 35 cases attached to it

Chief Public Health Officer Theresa Tam speaks during a daily briefing in Ottawa. (THE CANADIAN PRESS/Adrian Wyld)
31 cases of COVID-19 variants detected in Canada: Health officials

Dr. Theresa Tam made announces 13 more variant COVID-19 cases in Canada

Administrative headquarters for the Regional District of Central Okanagan in Kelowna. (File photo)
Tempers fly over a pricey picnic shelter in the North Westside

Lack of detail on $121,000 shelter expenditure further incites self-govenance wishes

Big White Village on Dec. 16. (Big White photo)
11 more COVID-19 cases linked to Big White cluster

Interior Health provided an update on the cluster on Friday

Royal Inland Hospital in Kamloops. (Dave Eagles/Kamloops This Week file photo)
COVID-19 outbreak declared at Kamloops’ Royal Inland Hospital surgical unit

Despite 6 South being a surgical unit, RIH said surgeries are continuing at the hospital

Daily COVID-19 cases reported to each B.C. health region, to Jan. 20, 2021. Island Health in blue, Northern Health green, Interior Health orange, Vancouver Coastal in red and Fraser Health in purple. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infection rate stays stable with 508 cases Friday

Vaccine delivered to more than 110,000 high-risk people

(Phil McLachlan - Capital News)
‘It’s incredibly upsetting’: Kelowna health care worker demands WestJet ticket refund

Kelowna woman has been waiting almost a year for a refund on her Kelowna to Edmonton flight

After a Vernon resident tried to domesticate a pair of gopher snakes, BC Conservation Service reminded that it is against the law to keep wild animals in one’s possession. (Yuval Levy/Unsplash)
Wild gopher snakes aren’t pets: Vernon conservation officer

After resident kept two gopher snakes in his home, conservation reminds it’s illegal to domesticate wildlife

Most Read