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Ticketmaster’s attempt to game arbitration services fails
In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases. New Era incorporated some defense-favorable provisions to its mass arbitration provision. The Ninth Circuit holds those provisions...
We’ve known for many years that: purported unilateral amendments without affirmative notice to consumers doesn’t fly; including a unilateral amendment provision in the TOS (even if it’s never used) puts the entire TOS in some legal jeopardy (see the uncited Blockbuster case); and “browsewraps” aren’t contracts at all. In addition to these long-standing aggressive formation practices by Ticketmaster, they went for the gusto picking an arbitration service provider that boosted its odds of wins in arbitration ( a similar process ensnared HBO Max). I note that Ticketmaster is a special defendant due to their decades-long efforts to stretch/hork online contract formation law.
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