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Can 10 club be sued over these transactions?
jbalicki10
Posts: 517
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?
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10/20/91 (Omaha), 7/25/92 (Lolla/Denver), 3/7/94 (Denver), 6/20/95 (Red Rocks), 11/14/97 (Oakland), 6/23/98 (Denver), 10/25/00 (SD), 6/05/03 (SD), 10/8/04 (FL), 7/2/06 (Denver), 7/17/08 (VH1-Who Tribute LA), 10/6/09 (LA), 10/7/09 (LA), 9/3/11 & 9/4/11(PJ20), 12/06/13 (Seattle), 10/09/14 (Lincoln)..
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you dont need malicious intent to prove breach of contract.
It would largely depend upon the terms and conditions of your purchase.
Agreement with 10c regarding ticket purchase
Agreement with the credit/debit card for unauthorized transactions
Agreement with the service providers (i.e. charge processing systems)
I am sure its not so simple as the transactions are automated
but if they were willing to make things right then there would be no need for a class action
Would it have to be malicious? Maybe for fraud but for negligence I think all you would have to prove was that 1) damages occured (which you could if people had bills bounce and charges aquired because 10club was holding money in their account) and 2) that 10club was the cause of those damages 3) and that it was reasonable to think that they had a duty to prevent those damages from occuring. I think the hardest part would be to prove damages. I mean maybe because of the hold you get an overdraft charge or a penalty on your phone bill, but what is that 50 bucks? A lawsuit seems like a lot of work for that much payoff. You would be better off taking the case to The People's Court. At least then you get $5000 for your troubles.
For tort law cases, such as negligence, you don't even need a contract, just a resonable assumption that there is a duty of care between the two parties.
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Why would you even bring these up? There are morons out there who get so bitter, they could the get the idea.
I think your right. For the number of people who tried to get tickets and the number of transactions that were false, this could be a huge mistake. Is there a way to delete this thread? I don't want 10 club to die because of tickets and greed.
i think around here "fan" has come to mean the kind of "like" that one girl had for michael douglas in fatal attraction.
This, to me, indicates a willingness to rectify the situation in a quicker fashion. They made the offer without me asking for them to do so. I only asked them was whether I had tix or not because my acct had a charge, and my profile had no order. Again, they offered to rectify it. So I think they acknowledge the issue and are being helpful.
I think they could possibly be sued if someone incurred bank charges related to overdrafts on their account based on multiple holds due to multiple attempts on each individual show, and 10c did nothing to rectify. For example, if I go for LA2 and get it, and I get an overdraft, that's my fault. But if I go for LA2 5 times, thinking it never went through but 5 times $147 hits my bank, and other checks bounce, I think 10c would be responsible.
Why not, you guys sue for everything else. Look at the Judge with the suit case.......fuck me.......
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you are right.
depends on what caused the overcharge
was it the multiple clicking or a system error-it might not be so simple
Originally Posted by Kel Varnsen
For tort law cases, such as negligence, you don't even need a contract, just a resonable assumption that there is a duty of care between the two parties.
There is no reasonable assumption here, given previous performance of 10 Club ticket sales. I think history of past performance would prevail here.
Let's Just Pop a Few Yards of Bubble Wrap and Call It a Day!
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Now THAT would be fun to watch!!!
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imagine having to explain the pit to her.....i think her head would explode....:eek:
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.
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.
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.
EXACTLY!
Some get them, some dont
thats all there is to it. Really.
BUT the multiple charge thing is a big problem.
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
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What? Oh, Johnnys' dead?
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Okay... let's drag the next lawyer scum from Hell's Waiting Room into the fray... that'll help.
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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.
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.