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Fraudulent Sale on StubHub

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phoenix88

Junior Member
What is the name of your state (only U.S. law)? California

Hi,

Can someone provide me the California Penal Code for a fraudulent sale, petty theft, or breaking of a binding contract?

I bought tickets to an NHL game on StubHub and was denied entrance 15 minutes prior to the game due to the tickets being used by the original seller. I purchased 10 days prior to the event. I then had a red flag of a possible fraudulent sale, since I contacted StubHub a day prior to the event since the seller still did not upload the tickets. StubHub manually uploaded the tickets due to a supposed "glitch" and emailed and sent me the tickets via e-mail minutes later.

On the day of the event after getting denied entrance, I called StubHub and they took almost an hour to try to resolve the situation by offering a low-ball offer of comparable seats which I needed to have the box office print for me 30 minutes into the game and I still had to keep the original charges for the original denied tickets which were supposed to allow entrance into the game before the start time. I did not accept their offer and told them legal action would ensue to the fullest extent.

StubHub's website states:

When placing an order, you are entering into a binding contract with the Seller to purchase those tickets or related passes. Payment is remitted to StubHub and disbursed to the seller according to our payment policy. All Sales are Final. Except for canceled events, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the sale is complete.

This "binding contract" with the Seller was broken and the Seller committed fraud. At this point, I believe I can legally charge him for fraud at the police department in who's jurisdiction the fraud occurred in. I am also going after StubHub in small claims for negligence as well as the Seller in small claims for this issue. Negligence on StubHub for still allowing this seller to sell the same tickets on their site for future games.

Their policy reads:

When you violate StubHub's policies, you may face penalties, which could include the following (or any combination):

The removal of your listings
Order cancellation
Limits to your buying and selling privileges
Additional fees (including the cost of replacement tickets, coupons, gift certificates, reprinting fees, UPS rerouting charges, and refunds to the buyer)
Withholding of payments
Temporary or permanent suspension of your account

I need the California penal code for this crime, so can you please help me? Also I need help getting StubHub to legally disclose the information of the Seller so that charges and this case can be filed.

As evidence, I have a few chat transcripts, records of calls placed to StubHub to resolve this issue, receipts from all related activities prior and during the game, and the tickets that were purchased on StubHub and were voided (with a stamp) by the venue's ticket box office.

P.S. I honestly tried to be reasonable with StubHub (through calls, emails, and chats) and have records of most of the communication between us regarding this issue. It is just sad that the customer service representative and his supervisor were unwilling to compromise with me and refund me the ticket costs and give me free tickets to the game which was already 30 minutes started at a measly cost of $104. As a person who thinks logically, is a ticket to any event worth it's face value 30 minutes into the event? I honestly told them over the phone, the cost of me winning in court is many times more than the $104 loss they would take by providing me with free tickets to the game.

Any advice regarding this issue is greatly appreciated. I am looking for reimbursement for money spent on food prior to the game, the tickets paid, parking for 2 cars to the game, and the money spent watching the game at a different venue after getting denied entrance. Also, I may be seeking, if within my rights, compensation for the personal time spent on the phone, chat, and via email with StubHub regarding this ordeal.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

Hi,

Can someone provide me the California Penal Code for a fraudulent sale, petty theft, or breaking of a binding contract?

I bought tickets to an NHL game on StubHub and was denied entrance 15 minutes prior to the game due to the tickets being used by the original seller. I purchased 10 days prior to the event. I then had a red flag of a possible fraudulent sale, since I contacted StubHub a day prior to the event since the seller still did not upload the tickets. StubHub manually uploaded the tickets due to a supposed "glitch" and emailed and sent me the tickets via e-mail minutes later.

On the day of the event after getting denied entrance, I called StubHub and they took almost an hour to try to resolve the situation by offering a low-ball offer of comparable seats which I needed to have the box office print for me 30 minutes into the game and I still had to keep the original charges for the original denied tickets which were supposed to allow entrance into the game before the start time. I did not accept their offer and told them legal action would ensue to the fullest extent.

StubHub's website states:

When placing an order, you are entering into a binding contract with the Seller to purchase those tickets or related passes. Payment is remitted to StubHub and disbursed to the seller according to our payment policy. All Sales are Final. Except for canceled events, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the sale is complete.

This "binding contract" with the Seller was broken and the Seller committed fraud. At this point, I believe I can legally charge him for fraud at the police department in who's jurisdiction the fraud occurred in. I am also going after StubHub in small claims for negligence as well as the Seller in small claims for this issue. Negligence on StubHub for still allowing this seller to sell the same tickets on their site for future games.

Their policy reads:

When you violate StubHub's policies, you may face penalties, which could include the following (or any combination):

The removal of your listings
Order cancellation
Limits to your buying and selling privileges
Additional fees (including the cost of replacement tickets, coupons, gift certificates, reprinting fees, UPS rerouting charges, and refunds to the buyer)
Withholding of payments
Temporary or permanent suspension of your account

I need the California penal code for this crime, so can you please help me? Also I need help getting StubHub to legally disclose the information of the Seller so that charges and this case can be filed.

As evidence, I have a few chat transcripts, records of calls placed to StubHub to resolve this issue, receipts from all related activities prior and during the game, and the tickets that were purchased on StubHub and were voided (with a stamp) by the venue's ticket box office.

P.S. I honestly tried to be reasonable with StubHub (through calls, emails, and chats) and have records of most of the communication between us regarding this issue. It is just sad that the customer service representative and his supervisor were unwilling to compromise with me and refund me the ticket costs and give me free tickets to the game which was already 30 minutes started at a measly cost of $104. As a person who thinks logically, is a ticket to any event worth it's face value 30 minutes into the event? I honestly told them over the phone, the cost of me winning in court is many times more than the $104 loss they would take by providing me with free tickets to the game.

Any advice regarding this issue is greatly appreciated. I am looking for reimbursement for money spent on food prior to the game, the tickets paid, parking for 2 cars to the game, and the money spent watching the game at a different venue after getting denied entrance. Also, I may be seeking, if within my rights, compensation for the personal time spent on the phone, chat, and via email with StubHub regarding this ordeal.
You don't need the penal code, the police will know it when you report this to them. Please keep in mind that you will almost definitely be told this is a civil matter (and it is.) You should sue the bad guy (the seller) in small claims court. Beyond that, I don't see why you think you have a claim against Stubhub - what did they do wrong?

ETA: I would suggest that you read the following information for your remedies:

http://www.stubhub.com/fanprotect-guarantee-legal/#buyers
 

phoenix88

Junior Member
You don't need the penal code, the police will know it when you report this to them. Please keep in mind that you will almost definitely be told this is a civil matter (and it is.) You should sue the bad guy (the seller) in small claims court. Beyond that, I don't see why you think you have a claim against Stubhub - what did they do wrong?
They did not adhere to their policy of denying this Seller from their site. Also, I was told they will not disclose the Seller's information to me. I have the name on the tickets for whom they belong to and am pretty sure it is the Seller's name, however, I need an address to file suit. I'm getting the run-around and they also did not adhere to their FanProtect Guarantee. I can claim and try to prove they knew about this fraudulent ticket sale since the seller didn't upload the tickets or tried to pull them off their site before they were sold. I was told the day prior to the event that there was a "glitch" regarding the upload of the tickets, so they pushed it through on their end and sent me the tickets.

I believe I need a subpoena or some other legal form or request in order to have StubHub release this information.

I have read their guarantee and all user policies and agreements and have dated printed copies of all pertinent information if this were to go to court.
 

Zigner

Senior Member, Non-Attorney
from http://www.stubhub.com/user_agreement/

11. Release and Covenant Not to Sue

To the fullest extent permitted by law, you release and covenant not to sue StubHub, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between users. In entering into this release you expressly waive any protections (whether statutory or otherwise -- e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
You have already agreed not to sue StubHub et al. You are going to spend way more than $104 dealing with this.
 

davew128

Senior Member
Phoenix, they were obligated to provide you with comparable or replacement tickets to that game and if that wasn't possible THEN you entitled to a refund. While I understand the frustration, by your own admission you refused the replacement tickets.
 

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