Can 10 club be sued over these transactions?

fan means you like them...

This is just getting a little too crazy now.

you can sue anyone for anything. winning is another story.

aNiMaL wrote:

No, not without proving malicious intent and an unwillingness to make things right.

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.

Get_Right wrote:

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

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.

I cannot believe that this is even being discussed....WOW!! :eek:

When I e-mailed 10c about my own personal account, they said, promptly, that it would take 3-5 days for the bank to reverse the charge(hold). HOWEVER, 10c did state that they would submit the necessary information to the bank for a quicker reversal, if I wanted them to, and provided 10c with a couble of details regarding the bank I use, and my acct.

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.

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.

Veddernarian wrote:

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.

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