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Would a company's refusal to provide updates, services, and reply to paid customers requesting refunds be a breach of contract?
Anonymous7 views3 answers
A small entertainment promotional limited-liability company headquartered in LA sold tickets for concerts that were suppose to happen February and March. The concerts were "postponed" due to weather issues. The artist is from South Korea. It has been 6 months since the concerts were suppose to happen, but there has been no update from the business in regards to when the concert will be rescheduled. Supposedly, the company cannot reach the agency anymore, and appearance fees were paid. Some people were able to get a refund by filing a claim through Paypal or their banks, but since it has been so long others couldn't.
Is there anything my friends can do? Any laws regulating the need to provide services within a certain time or provide refunds?
Your friends should file a small claims court action. The other alternative is to try and find an attorney who is willing to file this as class action (it will depend on the amount of tickets and damages whether an attorney is likely to take the case).
I have represented a concert production company for a few years and my client has had a concert cancelled due to an unforeseen circumstance, so I have some experience with this issue from the business perspective. First, the best and most useful thing ticket holders for this event can do is to contact the promotional company and ask for a refund. If tickets for a show are purchased, and no show occurs, regardless of whether or not a company will issue a rain-check, a refund must also be available because the show did not occur on the specified date.
If the promotion company will not issue you a refund, ticket holders can try to recover by other means (such as small claims court), however for the typical low-priced ticket, the money recovered may not be worth their time.
It is best to contact the promotional company and keep things in writing. With documentation, one can keep a clear record of your actions, and the response of the company, and you will also be able to prove your allegations in a court.
