Can 10 club be sued over these transactions?

13

Comments

  • Kel Varnsen
    Kel Varnsen Posts: 1,952
    whitepants wrote:
    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!

    Obviously you didn't read my earlier post because while I would be surprised if someone went there, if someone felt there was damages due to 10club negligence they could have reason for legal action. And negligence doesn't require that 10club deliberately tried to scam people. All it requires is that they could have reasonably foreseen that this might happen.
  • Gardenparty
    Gardenparty Posts: 1,910
    Some people are just disgusting human beings.

    I had the issue with my credit card being charged and not getting tickets. I wrote 10C regarding it and they got back to me within 2 hours. Explaining what happened and apologizing. So I didn't get tickets. No big deal!! I'll try on Friday and if that doesn't happen I'll see him next time around.
    “I know this song so well, I can smoke a cigarette, have a drink, brush my teeth, take a shit, and mow the lawn while singing it. But I'll only be doing a couple of those things during this version.”
  • the wolf
    the wolf Posts: 7,027
    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?

    and the answer is...................NO. while i agree its a mess, and ive been strongly voicing my opinion against the 10c today in this fiasco ( for the record , i didnt even try to get tickets ) the multiple charges suck ( been there with my bank ) the simple matter is, thats what happens when everything these days happens on the world wide web. they are in no way, in danger of being sued. they should however, as ive stated over and over, fix the problem ( the server ) and address the issue ( an apology )

    but can they be sued? NO.
    Peace, Love.

    "To question your government is not unpatriotic --
    to not question your government is unpatriotic."
    -- Sen. Chuck Hagel
  • DocChicago
    DocChicago Posts: 653
    Gardenparty wrote:
    Some people are just disgusting human beings.
    This is true, but remember, this entire thread is hypothetical. Nobody's actually suing.

    I hope.

    Actually, that would be the least rock n' roll thing in the world.
    It is time to admit that we used to rock like hurricanes. It is time to run for the hills and go round and round. It is time for us to shout at the devil. We've got the right to choose it, there ain't no way we'll lose it, and we're not gonna take it anymore.
    - C. Klosterman
  • Zanne
    Zanne Posts: 899
    They really are trying to help us fans secure tickets.. shit happens. I lost out on what I wanted, too, but for Christs sake, suing them? Get a grip. Repeated, for emphasis, "SHIT HAPPENS".

    Peace
    Just me
  • 100 Pacer
    100 Pacer Toronto, ON Posts: 9,332
    aNiMaL wrote:
    http://www.pearljam.com/etc/legal.php

    "TEN CLUB AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE TEN CLUB SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TEN CLUB AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT."

    "IN NO EVENT SHALL TEN CLUB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TEN CLUB SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE TEN CLUB SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TEN CLUB SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE TEN CLUB SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TEN CLUB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TEN CLUB SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TEN CLUB SITES/SERVICES."

    :)
    To quote the 10C from Newsletter #8: "Please understand we have a lot of members and it is very hard to please everybody. If you are one of those unhappy people...please call 1-900-IDN-TCAR."

    "Me knowing the truth, I can not concur."

    1996: Toronto - 1998: Chicago, Montreal, Barrie - 2000: Montreal, Toronto - 2002: Seattle X2 (Key Arena) - 2003: Cleveland, Buffalo, Toronto, Montreal, Seattle (Benaroya Hall) - 2004: Reading, Toledo, Grand Rapids - 2005: Kitchener, London, Hamilton, Montreal, Ottawa, Toronto, Quebec City - 2006: Toronto X2, Albany, Hartford, Grand Rapids, Cleveland - 2007: Chicago (Vic Theatre) - 2008: NYC X2, Hartford, Mansfield X2 - 2009: Toronto, Chicago X2, Seattle X2, Philadelphia X4 - 2010: Columbus, Noblesville, Cleveland, Buffalo, Hartford - 2011: Montreal, Toronto X2, Ottawa, Hamilton - 2012: Missoula - 2013: London, Chicago, Buffalo, Hartford - 2014: Detroit, Moline - 2015: NYC (Global Citizen Festival) - 2016: Greenville, Toronto X2, Chicago 1 - 2017: Brooklyn (RRHOF Induction) - 2018: Chicago 1, Boston 1 - 2022: Fresno, Ottawa, Hamilton, Toronto, NYC, Camden - 2023: St. Paul X2, Austin X2 - 2024: Vancouver X2, Portland, Sacramento, Missoula, Noblesville, Philadelphia X2, Baltimore - 2025: Hollywood X2, Atlanta 2, Nashville X2, Pittsburgh X2
  • coachchris
    coachchris Kelowna, British Columbia, Canada Posts: 749
    pjl44 wrote:
    You have to be shitting me. Let's take a deep breath, people...

    I agree, all need to take a deep breath. I didn't try for tickets and I can truly feel for all involved. I really think the biggest issue here is the 10c not saying anything except to a few who got an email back.

    I don't think a proof reader is needed for Kat to say "We are terribly sorry for the events surrounding the EV solo tour ticketing, we are doing our best to rectify the problem and will post more information in the very near future. We are doing our best people....please be patient."

    I think a lot of people would breath easier if something was being related to the consumer.
    Adolescence in essence is all about trust.
    Leaving is for the answering machine.
  • Gardenparty
    Gardenparty Posts: 1,910
    DocChicago wrote:
    This is true, but remember, this entire thread is hypothetical. Nobody's actually suing.

    I hope.

    Actually, that would be the least rock n' roll thing in the world.


    You make a very good point. Let's hope it stays that way
    “I know this song so well, I can smoke a cigarette, have a drink, brush my teeth, take a shit, and mow the lawn while singing it. But I'll only be doing a couple of those things during this version.”
  • jbalicki10
    jbalicki10 Posts: 517
    Gardenparty wrote:
    You make a very good point. Let's hope it stays that way

    I hope so... I don't wanna be the guy who killed the 10 club...
  • Lostdogsinthegarden
    Lostdogsinthegarden Posts: 844
    I hate legal mumbo-jumbo.
  • EvilRabbit
    EvilRabbit Posts: 286
    If you hate something, don't you do it too.

    Don't be a litigious asshole. Scumbag lawyers are one of the many problems with America.
    Are you a screenwriter?
    www.screenplaymechanic.com
  • Hinny
    Hinny Posts: 1,610
    EvilRabbit wrote:
    If you hate something, don't you do it too.

    Don't be a litigious asshole. Scumbag lawyers are one of the many problems with America.
    That disclaimer rules out compensation.

    Though I have no doubt someone will try to poke holes at it.
    Binary solo..000000100000111100001110
  • dunkman
    dunkman Posts: 19,646
    cutback wrote:
    well i've given up trying to figure out what dunk is talking about...;) :D



    yeah me too... i just let the fingers go where they want.. normally i'm thinking about hitting an anvil with a orange.
    oh scary... 40000 morbidly obese christians wearing fanny packs invading europe is probably the least scariest thing since I watched an edited version of The Care Bears movie in an extremely brightly lit cinema.
  • Im still here
    Im still here Posts: 826
    This is America, if you can find a Lawyer to take the case I'm sure you could

    anyway, the disclaimer doesn't mention mental anguish, does it?
    PEARL JAM~Lubbock, TX. 10~18~00
    PEARL JAM~San Antonio, TX. 4~5~03
    INCUBUS~Houston, TX. 1~19~07
    INCUBUS~Denver, CO. 2~8~07
    Lollapalooza~Chicago, IL. 8~5~07
    INCUBUS~Austin, TX. 9~3~07
    Bonnaroo~Manchester, TN 6~14~08
  • duggro
    duggro Posts: 1,343
    Im still here wrote:
    This is America, if you can find a Lawyer to take the case I'm sure you could

    anyway, the disclaimer doesn't mention mental anguish, does it?
    nah im sure its part of the whiney pussy clause section 2.4 article 1
    Dublin Leeds Berlin Wembley
  • Im still here
    Im still here Posts: 826
    duggro wrote:
    nah im sure its part of the whiney pussy clause section 2.4 article 1

    lmfao

    I know that wasn't directed at me

    you don't know me, anytime, anywhere.........
    PEARL JAM~Lubbock, TX. 10~18~00
    PEARL JAM~San Antonio, TX. 4~5~03
    INCUBUS~Houston, TX. 1~19~07
    INCUBUS~Denver, CO. 2~8~07
    Lollapalooza~Chicago, IL. 8~5~07
    INCUBUS~Austin, TX. 9~3~07
    Bonnaroo~Manchester, TN 6~14~08
  • URthekey
    URthekey Posts: 1,914
    How many people do you think were affected by this. 100? 1000? 5000?

    If this same thing has happened before, and 10C knows about it and has not corrected the problem then this action alone could be fraudulant.

    IMHO because I really don't know shit except I got charged and didn't get tickets.
  • meme
    meme Posts: 4,695
    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'd stop if I got a sold out message, or if I got confirmation that I bought the tickets. Any other time 10c has put tickets up for sale people have clicked on buy a gazillion times without this ever happening.
    ... and the will to show I will always be better than before.
  • duggro
    duggro Posts: 1,343
    meme wrote:
    I'd stop if I got a sold out message, or if I got confirmation that I bought the tickets. Any other time 10c has put tickets up for sale people have clicked on buy a gazillion times without this ever happening.
    thats cos there was a big fault this time...
    Dublin Leeds Berlin Wembley
  • chinobaeza
    chinobaeza Santiago Posts: 2,489
    URthekey wrote:
    If this same thing has happened before, and 10C knows about it and has not corrected the problem then this action alone could be fraudulant.
    It has happened before...with some poster (can't remember wich).

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