(CN) – A Boston Red Sox fan can’t sue a ticket agency for inflating its prices because he never actually bought the tickets, the Massachusetts Supreme Court ruled.
Colman Herman sued Admit One Ticket Agency, a licensed broker, for violating the rules against ticket scalping.
Admit One tried to sell Herman tickets to a Red Sox-Yankees game for $500 and to a Red Sox-Orioles game for $165. The face value of both tickets was $85 each.
Admit One argued that it had not injured Herman or prevented him from seeing a game.
A judge awarded Herman $25, but the appellate division reversed, agreeing with Admit One that Herman was not injured because he didn’t buy a ticket.
The Massachusetts Supreme Court upheld the appellate ruling.
“To obtain standing, a plaintiff must purchase a ticket” to maintain a scalping claim, Justice Spina wrote. “Herman indisputably did not purchase a ticket from Admit One and therefore lacked standing.”