STUBHUB – CANCELLED, POSTPONED AND RESCHEDULED EVENTS (COVID-19) – QUEBEC SETTLEMENT

STUBHUB – CANCELLED, POSTPONED AND RESCHEDULED EVENTS (COVID-19) – QUEBEC SETTLEMENT

Date of Initial Application: May 12, 2020

PROPOSED QUEBEC CLASS ACTION SETTLEMENT

STUBHUB TICKET PURCHASES MADE IN QUEBEC BEFORE MARCH 11, 2020 

FOR EVENTS WHICH WERE CANCELLED, POSTPONED OR RESCHEDULED AFTER MARCH 11, 2020

CLASS ACTION AUTHORIZED AND UPCOMING PROPOSED SETTLEMENT APPROVAL HEARING

A proposed settlement (“Settlement”) has been reached, subject to Court approval, between Mr. Patterson (the “Plaintiff”) and STUBHUB INC. and STUBHUB CANADA LTD. (“StubHub“) in the context of a class action instituted against several ticketing platforms including StubHub with respect to the purchase, prior to March 11, 2020, of tickets for events scheduled to take place after March 11, 2020, which events were subsequently either cancelled, postponed or rescheduled, without a full refund for the tickets purchased being provided (the “Class Action”).

The Superior Court of Quebec authorized the Class Action, for settlement purposes, on May 10, 2022.

This proposed Settlement may affect your rights, whether you act or not. Please read this notice carefully.

Note: This proposed Settlement is only with regards to StubHub customers in Quebec.

BASIC INFORMATION

If you a Quebec resident and you have purchased before March 11, 2020 one or more tickets from StubHub for an event scheduled to take place after March 11, 2020, which event was subsequently either cancelled, postponed or rescheduled, without a full refund being provided by StubHub, you could be eligible to receive benefits under the Settlement, if approved by the Court.

The purpose of this notice is to inform you that the Plaintiff and StubHub have reached a proposed Settlement putting an end to the Class Action (subject to Court approval). All concerned parties believe that the proposed Settlement is the best solution to dispose fairly and equitably of the dispute; they will ask the Superior Court of Quebec to approve it.

The Superior Court of Quebec will hold a hearing to determine whether it will approve the proposed Settlement. You may attend the hearing, which will take place virtually on June 17, 2022 at 9:30 a.m. in room 16.02 of the Montreal Courthouse using the following Microsoft Teams link: https://url.justice.gouv.qc.ca/oCT0.

According to the Plaintiff, StubHub committed a fault by modifying its “StubHub Marketplace Global User Agreement” by offering a 120% credit of the value of tickets instead of fully reimbursing Quebec residents for all amounts paid before March 11, 2020, regarding tickets for events scheduled after March 11, 2020, which events were subsequently cancelled.  Again, according to the Plaintiff, StubHub committed a fault by providing in its “StubHub Marketplace Global User Agreement” that it would not fully reimburse Quebec residents for all amounts paid before March 11, 2020 for event tickets, which events were subsequently either postponed or rescheduled after March 11, 2020.

These allegations have not been proven in Court and are contested by StubHub, whose position is that they have complied at all times with all applicable legislation, including with respect to the modifications to its “StubHub Marketplace Global User Agreement”.

You are a Group Member if you meet all of the following conditions:

1. You are a user of the StubHub Services that had a Quebec billing address associated with your Account at the time of purchase of the Ticket(s);

2. you have purchased before March 11, 2020 at least one ticket from StubHub to at least one event scheduled to take place after March 11, 2020, which event was subsequently cancelled and have opted to keep the 120% credit (“Credit”) instead of defaulting to a full refund;

or

you have purchased before March 11, 2020 at least one ticket from StubHub to at least one event scheduled to take place after March 11, 2020, which event was subsequently either postponed or rescheduled (“Ticket(s)”);

3. you have not already used the Ticket(s) to attend the event(s) to which the Ticket(s) grant access; and

4. you have not already received a refund or used in its entirety or in part the 120% Credit previously received for such Ticket(s).

 

SETTLEMENT SUMMARY

Without any admission of liability, for the purpose of avoiding a trial and the additional costs and expenses related thereto, StubHub agrees to the following:

1. Each Eligible Member shall be entitled to, alternatively, (i) retain his or her Ticket(s); or (ii) cancel the contract by which he or she purchased his or her Ticket(s) and receive a benefit in the form of a credit in an amount equal to one hundred and twenty percent (120%) of the value of the Ticket(s) purchased (including all ticket prices paid, fees, taxes, additional services purchased such as parking, etc.); or (iii) cancel the contract by which he or she purchased his or her Ticket(s) and obtain the restitution of an amount equal to the value of the Ticket(s) purchased in cash (including all ticket prices paid, fees, taxes, additional services purchased such as parking, etc.), at the Eligible Member’s option;

2. Implement a business practice change regarding tickets to events that have been postponed or rescheduled, providing for a refund upon a request being made by a Quebec resident.

If you meet the four conditions described above to be a Group Member, if you have not already used your Ticket(s) to attend the events to which the Tickets grant access and if you do not wish to retain your Ticket(s), you could be eligible to receive a benefit in the form of a credit in an amount equal to one hundred and twenty percent (120%) of the value of the Ticket(s) purchased (including all ticket prices paid, fees, taxes, additional services purchased such as parking, etc.), or an amount equal to the full value of the Ticket(s) purchased in cash (including all ticket prices paid, fees, taxes, additional services purchased such as parking, etc.) provided that you return your digital Ticket(s) to StubHub (physical event ticket need not be returned). Should the Settlement be approved by the Superior Court of Quebec, you will receive a Notice of Approval of the Transaction inviting you to submit your claim by responding electronically to said Notice within the allotted claim deadline. The Notice of Approval of the Transaction will set out the three (3) options available to you, namely (i) to retain your Ticket(s), (ii) to receive a credit or (iii) to receive a cash refund. If you do not submit your claim in a timely manner, you will be deemed to have elected to hold onto your Ticket(s) and you will no longer be eligible to receive benefits pursuant to this Settlement, but you will be bound by the remaining terms thereof.

OPTING OUT

If you do not wish to be bound by this Class Action (and this proposed Settlement) for any reason whatsoever, you must take steps to exclude yourself from the Settlement Class, which will result in your exclusion from the Class Action (and the proposed Settlement).

If you exclude yourself from the Class Action:

1. You will not receive any benefits under the proposed Settlement (if approved by the Court);

2. You will not be bound by the Class Action;

3. You could exercise your valid rights of action independently against StubHub, at your own costs and with your own legal advisers (strict legal delays apply); and

4. You will not be able to object to this proposed

If you do not exclude yourself from the Class Action:

1. You will be eligible to receive reparations under this proposed Settlement (if approved by the Court);

2. You will be bound by the Class Action;

3. You will give up the right to take your own legal action against the StubHub; and

4. You will be able to object to the proposed

If you do not exclude yourself from the Class Action and the proposed Settlement is approved, you give up the right to take legal action against StubHub with respect to the purchase of Tickets from StubHub before March 11, 2020 to events scheduled to take place after March 11, 2020, which events were subsequently either cancelled, postponed or rescheduled.

To exclude yourself from the Class Action (opt out), you must send to the clerk of the Superior Court of Quebec, a duly signed request for exclusion containing the following information:

1. The Court docket number of the Class Action: Patterson v. Ticketmaster et al. S.M. 500-06-001066-204;

2. Your name and contact information;

3. An affirmation that you used the StubHub services to purchase your ticket;

4. Your email address associated with your StubHub account.

The request for exclusion must be sent by registered or certified mail before July 2, 2022 to the Court, at the following addresses:

Greffe de la Cour supérieure du Québec

Palais de justice de Montréal

1 Notre-Dame Street East Room 1.120

Montreal, Quebec  H2Y 1B5

Reference: Patterson v. Ticketmaster et al. – Class Action C.S.M.: 500-06-001066-204

 

With a copy to Class Counsel:

Lex Group Inc.

Mtre David Assor

4101 Sherbrooke St. W., Westmount, Quebec, H3Z 1A7

OBJECTION TO THE SETTLEMENT

You can tell the Court that you do not agree with this proposed Settlement.

To present your objection to the Court, you are required to inform Class Counsel in writing of the reasons for the Objection at least five (5) Days before the Approval Hearing, by communicating a document containing the following information:

  • The Court and Court docket number of the Class Action: Patterson v. Ticketmaster et al. S.M. 500-06-001066-204;
  • The name and contact information of the Settlement Class Member who is raising an Objection. If the objecting Settlement Class Member is represented by a lawyer, his or her contact information must be provided;
  • An affirmation that the Settlement Class Member used the StubHub Services to purchase his or her Ticket;
  • The Settlement Class Member’s email address that is associated with his or her Account;
  • A declaration that the Settlement Class Member purchased the Ticket while being physically located in Quebec;
  • A brief description of the reasons for the Settlement Class Member’s Objection; and

You cannot object to the proposed Settlement if you opt out of the Class Action.

You can object to the Settlement without a lawyer. If you wish to be represented by a lawyer, you may hire one at your own expense.

If, despite your objection, the Settlement is still approved by the Court and if you are eligible, you can still receive a credit or a cash refund or choose to retain your Ticket(s).

 

FOR MORE INFORMATION

For more information and access to the text of the Settlement, the schedules, judgments, and the various forms, please consult the present webpage or go to the Settlement Website: www.stubhubsettlement.ca.

You may also contact our firm. Please do not contact the Judges of the Superior Court of Quebec.

If approved, another notice (email) will be published in accordance with the proposed Settlement and as eventually ordered by the Court.

In case of discrepancies between this notice and the Settlement Agreement, the Settlement Agreement shall prevail.

Join Class Action!

    Disclaimer: The Lex Group website is not intended to create an attorney-client relationship between you and the firm. By submitting your information to us, you are not creating an attorney-client relationship with the firm. An attorney-client relationship may be formed only after we check for conflicts of interest and the firm and you sign a mandate agreement. The firm may contact you about your legal claim to discuss representation options. Because of the volume of e-mails, we cannot promise to respond to every submission.
    In any class action lawsuit, it is the Court that must approve and determine who will be eligible for participation in the class. If you feel that you may qualify for damages or remedies that might be awarded in this class action litigation, we request that you fill out and submit the above form to help us determine if you are a legitimate member of the class or to make sure that you receive any future Court mailings about the case. However, the return of the above form does not guarantee you any type of compensation whatsoever.