Can 10 club be sued over these transactions?

Lizard · February 2008

someone could sue them in small claims court and possibly end up on Judge Judy!!!!!!!

Now THAT would be fun to watch!!!

norm · February 2008

Lizard wrote:

someone could sue them in small claims court and possibly end up on Judge Judy!!!!!!!

Now THAT would be fun to watch!!!

imagine having to explain the pit to her.....i think her head would explode....:eek:

jecica · February 2008

Why can't anyone just be HAPPY that they get the opportunity to purchase tickets before the general public? There are so many musicians out there that do not offer this opportunity to anyone. Pearl Jam has done more for their fans than required.

Seriously, what is wrong with some of you? Be happy you have a roof over your head, your health and the money to be able to try and purchase an experience like this. Stop acting like someone stole a million dollars from you.

BTW - I couldn't get tickets either and accepted that it wasn't meant to be.

Kel Varnsen · February 2008

TacoJammer wrote:

First of all, where does 10C say anywhere in writing that this sort of thing will not happen. If it doesn't say it, then it can't really be sued for. If they posted on the site, that the site will not crash during ticket sales and it does such as yesterday, then yes, one could technically sue. But seeing as this is not the case, then no they cannot.

It doesn't need to say in writing that this sort of thing won't happen. No where on a can of Coke does it say "does not contain poison" but if someone gets sick from drinking a can of Coke that has poison in it you better believe they could sue the Coca-Cola company. I am not talking about negligence over the site crashing, I am talking about damages resulting from people's credit cards getting charged. If the site crashes and you don't get tickets, you can't sue for anything since there was no guarantee that you would get tix if the site didn't crash and in turn no way to prove damages.

TacoJammer wrote:

There is no reasonable assumption here, given previous performance of 10 Club ticket sales. I think history of past performance would prevail here.

I think there is a reasonable assumption that you are not going to get charged (or at least pre-charged) for a product you don't get. I have bought a lot of stuff on the internet and no one has ever done that to me. And if they do bill you immediately you are typically given warning.

Get_Right · February 2008

jecica wrote:

Why can't anyone just be HAPPY that they get the opportunity to purchase tickets before the general public? There are so many musicians out there that do not offer this opportunity to anyone. Pearl Jam has done more for their fans than required.

Seriously, what is wrong with some of you? Be happy you have a roof over your head, your health and the money to be able to try and purchase an experience like this. Stop acting like someone stole a million dollars from you.

BTW - I couldn't get tickets either and accepted that it wasn't meant to be.

EXACTLY!

Some get them, some dont
thats all there is to it. Really.

BUT the multiple charge thing is a big problem.

SDNick484 · February 2008

Even if they don't get sued, I'm sure they're going to be paying some significant processing fees, possibly even chargeback fees for the transactions they must now go and cancel.

Veddernarian · February 2008

Get_Right wrote:

depends on what caused the overcharge
was it the multiple clicking or a system error-it might not be so simple

If someone enters their credit card info, and before a confirmation takes place, the system comes back with "unexpected error", a resonable person would be lead to believe the transaction didn't take place and they have to start over. Especially if they check their profile and don't see the order, and past experience has shown that successful orders immediately appear in one's profile. So they try again once, twice, a third time, and the same thing keeps happening. Now the profile shows nothing, and there is $147.50 X 4 or $590 against the bank account and the user is led to believe they didn't purchase tickets based on checking their profile, and a reasonable person should be lead to believe their card doesn't have these holds either. So if checks bounce as a result, I would ask 10c to reimburse for any resulting bank charges for the bounced checks, plus any amounts levied by the payees. If 10c decided not to take care of these charges, and a person under these circumstances could demonstrate these facts and supply evidence (a lot of if's), I believe a person could have a decent chance in small claims. However, I think 10c are good people, and I don't think they'd let it go to this point. And also, I think the banks would try to rectify the situation as well. And I think most payees would understand too and resubmit the checks. I think the smartest person on the message pit was that person who took screen shots throughout the process. Not to be a litigant, but to demonstrate to the 10c, the banks, and the payees what happened so they can waive fees, etc. That's my $0.02

Cosmo · February 2008

Great... let's drag Johnny Cochran into the fray... that'll help.
...
What? Oh, Johnnys' dead?
...
Okay... let's drag the next lawyer scum from Hell's Waiting Room into the fray... that'll help.

dunkman · February 2008

jecica wrote:

Stop acting like someone stole a million dollars from you.
.

not a million dollars but there are people on here who have $3000 being withheld from their accounts and its probably made them overdrawn, unable to purchase in the meantime, etc... so its not a million dollars but in perspective terms how would you like it if you ordered a book from amazon that claimed to be in stock but really wasnt and they charged you 10 times the cost of that book?

ok you'll get the money back, but its a possible litigious scenario if someone has no actual funds for 3-5 days simply because the 10c server kept allowing them to click BUY on that ticket sale.

Get_Right · February 2008

Veddernarian wrote:

If someone enters their credit card info, and before a confirmation takes place, the system comes back with "unexpected error", a resonable person would be lead to believe the transaction didn't take place and they have to start over. Especially if they check their profile and don't see the order, and past experience has shown that successful orders immediately appear in one's profile. So they try again once, twice, a third time, and the same thing keeps happening. Now the profile shows nothing, and there is $147.50 X 4 or $590 against the bank account and the user is led to believe they didn't purchase tickets based on checking their profile, and a reasonable person should be lead to believe their card doesn't have these holds either. So if checks bounce as a result, I would ask 10c to reimburse for any resulting bank charges for the bounced checks, plus any amounts levied by the payees. If 10c decided not to take care of these charges, and a person under these circumstances could demonstrate these facts and supply evidence (a lot of if's), I believe a person could have a decent chance in small claims. However, I think 10c are good people, and I don't think they'd let it go to this point. And also, I think the banks would try to rectify the situation as well. And I think most payees would understand too and resubmit the checks. I think the smartest person on the message pit was that person who took screen shots throughout the process. Not to be a litigant, but to demonstrate to the 10c, the banks, and the payees what happened so they can waive fees, etc. That's my $0.02

it works both ways
people clicked submit, without knowing if they had tickets or had been charged previously. Some actually got tickets. I think its reasonable to assume that each time you click submit, you might be charged.

But, since the charges were in error, the banks should back off.

Veddernarian · February 2008

Get_Right wrote:

it works both ways
people clicked submit, without knowing if they had tickets or had been charged previously. Some actually got tickets. I think its reasonable to assume that each time you click submit, you might be charged.

But, since the charges were in error, the banks should back off.

I think in reality, 10c is trying to be helpful, and I think you are right in that the banks would back off, and I think that while the grocery market says they'll charge a fee for returned checks, I think they would back off as well. Especially if you can show these people what happened. Getting down to the title of the thread, exploring the possibility, I painted a scenario where it could happen. I don't think it ever would. I fealt it with the response and the willingness to help I got from 10c.

pjl44 · February 2008

jbalicki10 wrote:

First of all I just wanted to state I did not attempt to get tickets, nor am I a lawyer. However, it does seem 10 club could be in trouble by this ticket fiasco. I hope 10 club straightens out everything and everything is cool. I just hope 10 club doesnt get a class action lawsuit or anything. Is this even possible? If so, would the 10 club cease to exist?

You have to be shitting me. Let's take a deep breath, people...

Mudfest · February 2008

pjl44 wrote:

You have to be shitting me. Let's take a deep breath, people...

agreed .....

duggro · February 2008

dunkman wrote:

not a million dollars but there are people on here who have $3000 being withheld from their accounts and its probably made them overdrawn, unable to purchase in the meantime, etc... so its not a million dollars but in perspective terms how would you like it if you ordered a book from amazon that claimed to be in stock but really wasnt and they charged you 10 times the cost of that book?

ok you'll get the money back, but its a possible litigious scenario if someone has no actual funds for 3-5 days simply because the 10c server kept allowing them to click BUY on that ticket sale.

only if you tried to order to book 10 times

nobody here tried to get tix once and got charged 5 times. people tried to buy them 5 times and got charged 5 times. the getting charged without getting tickets is a problem, yes, but the fact that it happened 5 times is the fault of the user who tried it 5 times despite obvious error messages

norm · February 2008

duggro wrote:

only if you tried to order to book 10 times

nobody here tried to get tix once and got charged 5 times. people tried to buy them 5 times and got charged 5 times. the getting charged without getting tickets is a problem, yes, but the fact that it happened 5 times is the fault of the user who tried it 5 times despite obvious error messages

i'm not gonna type this again...

cutback wrote:

let's not forget that many of these "charges" were done AFTER the shows were sold out.....10c left the links up and for whatever reason the buy button would appear on various shows.....if people didn't come here first and just went to buy the shows they were getting the hold charges....that is definitely 10c's fault for not taking down the links once the shows were sold out....no one should have to come here first to find out that the shows were sold out and they weren't really getting tix.....

duggro · February 2008

cutback wrote:

i'm not gonna type this again...

thats a different point to the one im making

im just saying the comparison made was bollocks

people tried to get tix, the system crashed. those that got their orders in first, got them, those that didnt, didnt.

it seems pretty simple. i was annoyed when this happened for london, but the extent this has blown up is both incredible and embarrassing.

norm · February 2008

duggro wrote:

thats a different point to the one im making

im just saying the comparison made was bollocks

people tried to get tix, the system crashed. those that got their orders in first, got them, those that didnt, didnt.

it seems pretty simple. i was annoyed when this happened for london, but the extent this has blown up is both incredible and embarrassing.

well i've given up trying to figure out what dunk is talking about...;)

duggro · February 2008

dunks a crazy mofo, quite justifiably being a devil's advocate i think

im just getting frustrated by the craziness just now. some people just react so badly to what was clearly a computer error

to be fair, 10c server fucked up when london was on sale and lots of these charges were put against cards, including mine, but 10c decided to stem the flow by closing down the goods section til the backlog was dealt with. they should have done that in this instance

(that goods closure was awesome though cos some guy posted a link to me to get into the goods section behind the closed page, and we could buy tix without anyone else clogging up the system. man that was awesome!) good times!

whitepants · February 2008

I've read many posts in the past few hours about how violated many people feel about having numerous pending charges on their checking accounts in trying to get EV tour tickets, and those very people wondering their legal recourse due to this situation.

THERE IS NO LEGAL RECOURSE. YOU HAVE NO CASE. IT'S FUCKING UNFORTUNATE SITUATION.

10C did not screw with their servers or deliberately swiped people's cards numerous times. You all did it yourselves in trying to get tickets. I would have done the same thing too!

This is not a situation that 10C can be blamed for. Right now they are probably trying to iron out the problem and are drafting up a message to send to you all explaining the problems you and they encountered in this obviously crazed attempt by thousands of people trying to buy only a few precious alloted Fan Club tickets. And the 10C said it would TRY to hook you up but there is NEVER any guarantee that you would get tickets.

We go through this shit every time the 10C sale tickets, ya'll should be used to this now.

aNiMaL · February 2008

http://www.pearljam.com/etc/legal.php

Can 10 club be sued over these transactions?

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