Jurisdiction(s):
United Kingdom

USA — Live Nation/Ticketmaster move to compel arbitration of consumer antitrust claims; reliance on clickwrap assent; Ninth Circuit Heckman/New Era ADR unconscionability ruling distinguished in SDNY

Published on: 20 November 2024

Published by a Law360 reporter

Legal News

Article summary

In a 24‑page memorandum lodged on 15 November 2024, Live Nation and Ticketmaster contended that plaintiffs Abraham Liefer and Tamara Stevens must pursue their consolidated antitrust case in arbitration, emphasising that they had repeatedly assented to the defendants’ terms of service whenever they performed actions on the companies’ websites or platforms. According to the motion, those actions encompassed logging into Ticketmaster accounts, accepting transfers of tickets issued by Ticketmaster, and each occasion on which they purchased tickets on the defendants’ sites. The arbitration application stated that the terms of service consistently contained a mandatory arbitration clause that extends to any claim or dispute connected to services offered by or through the defendants. The motion further asserted: ‘Defendants’ records confirm that plaintiffs agreed to the terms on many occasions, including when they accepted transfers of the tickets issued by Ticketmaster that they allege to have purchased on secondary ticket exchanges.’ In addition, whenever customers clicked the ‘Accept Tickets’ button and consented to the defendants’ terms, they were automatically directed to Ticketmaster’s sign‑in page, which opened a new window...

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