SAN FRANCISCO (CN) - A New Jersey man filed a $5 million class action against StubHub, claiming he was denied admission to a Stone Temple Pilots show after buying a ticket through the online retailer's website.
In his federal complaint, Joseph Fabozzi claims the San Francisco-based company violated California ticket resale law. He say he paid about $50 for his ticket and traveled to the Stone Pony in Asbury Park, N.J., to find that his ticket had been used by another fan.
"Even though StubHub makes numerous 'guarantees' on its website that a ticket purchased by a buyer will be 'authentic' and 'valid for entry,' in reality, StubHub does not guarantee the fact that a ticket will be 'authentic' and 'valid for entry' at all," the complaint states.
It continues: "The fine print in StubHub's FanProtect Guarantee reveals that StubHub does not guarantee that the tickets sold on its website will be 'authentic' and 'valid for entry' - StubHub only guarantees that if a ticket is not honored by the venue, StubHub will refund the buyer cost of the ticket(s), including service fees and shipping and handling charges."
Fabozzi says he paid $40 to an "unknown seller" through StubHub's online marketplace, plus almost $10 in fees.
"On July 26, 2011, the plaintiff traveled to the Stone Pony and presented the ticket he purchased on StubHub to a ticket agent. However, the plaintiff was refused entry into concert because the ticket had already been used by another patron.
"The plaintiff called StubHub while at the Stone Pony. StubHub advised the plaintiff that they could not provide him with another ticket to the event because they did not have any additional tickets to the event.
"Subsequent to July 26, 2011, StubHub refunded the $49.95 that the plaintiff paid for the ticket," the complaint states.
But Fabozzi says that class members are "entitled to damages equal to two times the contracted price of the ticket, in addition to any sum expended by them in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorney's fees and court costs."
Fabozzi is represented by Randall Newman of New York City.
He seeks damages for violations of the California Business and Professions Code.
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