Sale of Tickets in the Secondary Market - Settlement Agreement

File: 500-06-000754-156

Date: February 2017

The Settlement Class

Every consumer, pursuant to the terms of Québec’s Consumer Protection Act (“CPA”), residing in Québec at the time of purchase, who from June 23rd, 2013 to January 22, 2020 (the “Class Period”), while physically located in Québec, has purchased from Viagogo’s desktop website or mobile application at least one “Ticket” (as defined in s.(1d.1) CPA as meaning any document or instrument that, on presentation, grants the ticket holder admission to a show, sporting event, cultural event, exhibition or any other kind of entertainment) either :

a) at a price above that announced by the vendor authorized to sell the Tickets by the producer of the event; and/or,
b) who paid a price higher than the price advertised by Viagogo on its website and/or mobile application (at the first step), excluding the Québec sales tax or the Goods and Services Tax;

Summary

Plaintiff alleged that a number of online ticket sales companies, including VIAGOGO AG, violated paragraph c of section 224 of Quebec’s Consumer Protection Act (“CPA”) by charging a higher price than that advertised for their tickets (by way of hidden fees, which are added on to the ticket price after the first step of the purchase process). Plaintiff further alleged that these companies unlawfully sold tickets to consumers above face value, in violation of section 236.1 CPA. All of the Defendants have agreed to settle this class action and modify the way they display tickets online to Quebec consumers. The Superior Court of Quebec authorized the class action against VIAGOGO AG on January 22, 2020. On October 1, 2020, VIAGOGO AG signed an agreement to settle the class action, without any admission of liability.

What The Settlement Provides

Compensation to Class Members under the terms of the Settlement Agreement, still subject to Court Approval, is a single cash payment of CAD $50.00 via Interac e-transfer (or via cheque for those members who do not have a valid bank account at a Canadian financial institution), in full and complete settlement of the claims of the group members. Only one payment will be made per class member.

Status

The Superior Court of Quebec authorized this class action against VIAGOGO AG on January 22, 2020. The parties have since agreed to a settlement. On October 16, 2020, the Court approved the pre-approval notices and scheduled the hearing to approve the settlement for December 16, 2020, at 2:00 p.m. in room 2.08 of the Montreal Courthouse. The important notice is available below.

Questions

Velvet Payments Class Action Services​
5900 Andover Ave. Suite 1
Montreal, Quebec
H4T 1H5

Email: info@velvetpayments.com

Phone: 1-888-770-6892

Class Counsel​
LPC AVOCAT INC.
Me Joey Zukran
276 Saint-Jacques Street, Suite 801
Montreal, Quebec
H2Y 1N3

Email: jzukran@lpclex.com

Phone: (514) 379-1572

Available Documents
TitleLink
SCHEDULE B NOTICE OF HEARING TO APPROVE THE TRANSACTION
SCHEDULE F OBJECTION FORM
2020 10 01 TRANSACTION AGREEMENT
2020 10 16 JUDGMENT APPROVING NOTICES OF A SETTLEMENT APPROVAL HEARING
ANNEXE A AVIS D’AUDIENCE D’APPROBATION DE LA TRANSACTION
2017 02 20 APPLICATION TO AUTHORIZE THE BRINGING OF A CLASS ACTION
2020 01 22 JUGEMENT CONCERNANT LA DEMANDE D’AUTORISER L’ACTION COLLECTIVE
2020 02 05 JUGEMENT AUTORISANT LE DÉSISTEMENT CONTRE LA DÉFENDRESSE