Could a class action lawsuit against this promoter be a viable option?

[classaction]

I am wondering if there is a possibility of successfully pursuing a class action lawsuit against a promotion company. I recently paid $229 to attend a show in the state of New York which was supposed to include interaction with the artist after the show. 8pm concert was cut short and fan interaction cancelled due to a comment (picture of gun) that was tweeted at 9am that morning. The venue and the promoter attempted to contact the tweeter (a young girl in Canada), but the police have no record of being contacted about a possible threat at the venue.

Instead, adults and many minors were allowed to stand with this unconfirmed threat for 11 hours (which is when lineup for the concert began). Then possibly remain with a gunman for the duration of the concert, and for an hour concert, as we awaited the fan interaction that was cancelled.

Still to this point, the police have not been called for this issue and no charges have been pressed. The promoter offered $50 refund, the difference between customers that had tickets that per the promoter GUARANTEED fan interaction and the tickets that allowed customers to view the concert from the floor. Additionally they are offering $50 to customers who won hi-touch packages. No compensation is being offered to other customers.

Is there a viable suit for endangerment based on 1) not notifying attendees of possible threat. 2) Not contacting authorities for risk assessment before cancelling mid-show and then cancelling the GUARANTEED fan interaction (after 1 hour waiting) without proof by ever referring it to the proper authorities. 3) For the travel expenses, lost wages, and/or ticket itself incurred by attendees based on the strength of them GUARANTEEING a service cancelled without probable cause (as evidenced by the fact police were never contacted).

 

[Zigner]

I am wondering if there is a possibility of successfully pursuing a class action lawsuit against a promotion company. I recently paid $229 to attend a show in the state of New York which was supposed to include interaction with the artist after the show. 8pm concert was cut short and fan interaction cancelled due to a comment (picture of gun) that was tweeted at 9am that morning. The venue and the promoter attempted to contact the tweeter (a young girl in Canada), but the police have no record of being contacted about a possible threat at the venue.

Instead, adults and many minors were allowed to stand with this unconfirmed threat for 11 hours (which is when lineup for the concert began). Then possibly remain with a gunman for the duration of the concert, and for an hour concert, as we awaited the fan interaction that was cancelled.

Still to this point, the police have not been called for this issue and no charges have been pressed. The promoter offered $50 refund, the difference between customers that had tickets that per the promoter GUARANTEED fan interaction and the tickets that allowed customers to view the concert from the floor. Additionally they are offering $50 to customers who won hi-touch packages. No compensation is being offered to other customers.

Is there a viable suit for endangerment based on 1) not notifying attendees of possible threat. 2) Not contacting authorities for risk assessment before cancelling mid-show and then cancelling the GUARANTEED fan interaction (after 1 hour waiting) without proof by ever referring it to the proper authorities. 3) For the travel expenses, lost wages, and/or ticket itself incurred by attendees based on the strength of them GUARANTEEING a service cancelled without probable cause (as evidenced by the fact police were never contacted).

Take the $50 and run - sheesh.

 

[quincy]

I am wondering if there is a possibility of successfully pursuing a class action lawsuit against a promotion company. I recently paid $229 to attend a show in the state of New York which was supposed to include interaction with the artist after the show. 8pm concert was cut short and fan interaction cancelled due to a comment (picture of gun) that was tweeted at 9am that morning. The venue and the promoter attempted to contact the tweeter (a young girl in Canada), but the police have no record of being contacted about a possible threat at the venue.

Instead, adults and many minors were allowed to stand with this unconfirmed threat for 11 hours (which is when lineup for the concert began). Then possibly remain with a gunman for the duration of the concert, and for an hour concert, as we awaited the fan interaction that was cancelled.

Still to this point, the police have not been called for this issue and no charges have been pressed. The promoter offered $50 refund, the difference between customers that had tickets that per the promoter GUARANTEED fan interaction and the tickets that allowed customers to view the concert from the floor. Additionally they are offering $50 to customers who won hi-touch packages. No compensation is being offered to other customers.

Is there a viable suit for endangerment based on 1) not notifying attendees of possible threat. 2) Not contacting authorities for risk assessment before cancelling mid-show and then cancelling the GUARANTEED fan interaction (after 1 hour waiting) without proof by ever referring it to the proper authorities. 3) For the travel expenses, lost wages, and/or ticket itself incurred by attendees based on the strength of them GUARANTEEING a service cancelled without probable cause (as evidenced by the fact police were never contacted).

I do not see a class action as being a viable option (or any suit as being a viable option, actually) - unless this particular promoter has used guarantees of fan interaction with the artists to inflate ticket prices and increase attendance and has failed to deliver on the promises in the past.

There is no way for you as a consumer to know what the promoter and/or venue did when assessing the risks posed by a tweet. If the girl was in Canada, Canadian officials might have been contacted. And not all that has been done by the venue or by the police will be known to you, the consumer.

I personally think that you should take the $50 refund and accept that the venue did what it found necessary. Or you can consult with an attorney in your area to determine better if there is any legal action (class action or not) worth the high cost of pursuing. I don't see any from here.

 

[classaction]

I do not see a class action as being a viable option (or any suit as being a viable option, actually) - unless this particular promoter has used guarantees of fan interaction with the artists to inflate ticket prices and increase attendance and has failed to deliver on the promises in the past.

There is no way for you as a consumer to know what the promoter and/or venue did when assessing the risks posed by a tweet. If the girl was in Canada, Canadian officials might have been contacted. And not all that has been done by the venue or by the police will be known to you, the consumer.

I personally think that you should take the $50 refund and accept that the venue did what it found necessary. Or you can consult with an attorney in your area to determine better if there is any legal action (class action or not) worth the high cost of pursuing. I don't see any from here.

They did not know that the girl was in Canada at 9am. She turned on her location after the show was cancelled at 11pm. However, I do know for a fact per the police themselves that they were not notified of the issue. There were no metal detector wands at the show. Also, security at the venue had no idea the interaction was supposed to take place. It's plausible that fan interaction was used to increase attendance.This was the promoters first concert. The performers only debuted about a year ago and if I said who they were you probably wouldn't know them. Most people from the show that I encountered were from out of state and others were from Korea and India. I will seek direct advice from an attorney in NYC. Thanks.

 

[quincy]

...I will seek direct advice from an attorney in NYC. ...

Sounds like a plan. Good luck.