NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT
IF YOU ARE A MEMBER OF THIS CLASS OF PERSONS, YOU SHOULD READ THIS NOTICE CAREFULLY BECAUSE IT WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
***IMPORTANT—YOU MAY AUTOMATICALLY RECEIVE A CASH REFUND AND THEREFORE FORFEIT CREDITS ISSUED TO YOU BY SEATGEEK UNLESS YOU RESPOND TO THIS NOTICE AND AFFIRMATIVELY CHOOSE TO KEEP SUCH CREDITS IN LIEU OF A REFUND***
A settlement (“Settlement”) has been proposed in the class-action lawsuit referenced above pending in the United States District Court for the Southern District of New York, Case No. 1:20-cv-3248-JPC (the “Action”). If the Court gives final approval to the Settlement, each Class Member will be entitled to the benefits described herein and subject to the limitations herein. Class Member means:
A SeatGeek user in the United States who has one or more Covered Transactions as of the Final Settlement Date where a Covered Transaction means: (1) an initial purchase of tickets to a live event via SeatGeek’s mobile website made between September 10, 2019 and March 17, 2020 by a user (such user, a “Purchaser”), or (2) the additional purchase of tickets on SeatGeek’s mobile website or on mobile application by the Purchaser after the initial purchase but before March 17, 2020, provided such purchases meet all of the following criteria as of the Final Settlement Date:
(a) the live event for which the Purchaser purchased tickets was cancelled prior to the Settlement Date and not rescheduled;
(b) the Purchaser received a Credit from SeatGeek without affirmatively opting to take the Credit;
(c) the Purchaser paid SeatGeek for the purchase;
(d) the purchase did not occur after the creation of a SeatGeek account through SeatGeek's website or mobile application by the Purchaser;
(e) the Purchaser has not already received a refund for the purchase; and
(f) the Purchaser has not used the Credit, i.e., applied it to another purchase.
The Settlement applies only to ticket purchases that qualify as Covered Transactions, i.e., purchases made on the mobile website or mobile application during the time-frame specified above that meet all of the other criteria described above. If you received an email or postcard Notice, SeatGeek’s records indicate that you received a credit from SeatGeek in lieu of a cash refund in connection with a Covered Transaction. The credit you received was in excess of the purchase price you paid. If the Court approves the Settlement, to the extent that the Class Member made purchases that qualify as Covered Transactions and continue to qualify as Covered Transactions as of the Final Settlement Date, each Class Member is entitled to EITHER:
(a) [Default Option] Receive a Refund Payment equal to the Refund Amount of each Covered Transaction in existence as of the Final Settlement Date. A Class Member who receives a Refund Payment (either by election or default) will forfeit any previously issued Credits for Covered Transactions; or
(b) [Action Required] Receive an Extended Credit from SeatGeek, i.e., retain any unused Credits issued previously by SeatGeek to the Class Member for any Covered Transactions with the expiration date extended through December 31, 2024.
Class Members who do not make an election by the Response Deadline will forfeit any unused credits previously issued by SeatGeek for Covered Transactions and will be issued a Refund Payment.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM
Visit the Settlement Website located at www.TicketLitigationSettlement.com to obtain and to electronically submit a Claim Form and supporting documentation. You can also print the Claim Form from the website and then submit it by mail along with any supporting documentation.
On the Claim Form, elect to:
(a) Receive an Extended Credit from SeatGeek, i.e., retain any unused Credits issued previously by SeatGeek to the Class Member for any Covered Transactions with the expiration date extended through December 31, 2024. This extension shall apply only to Credits for Covered Transactions;
(b) Receive a Refund Payment equal to the Refund Amount of each Covered Transaction in existence as of the Final Settlement Date. A Class Member who receives a Refund Payment (either by election or default) will forfeit any previously issued Credits for Covered Transactions. Because this is the default option, you do not need to submit a claim if you want a Refund Payment unless you would like to update your personal or payment information. If you want to receive a Refund Payment, you should not use any existing Credit.
Refund Payments and Extended Credits will be issued only for purchases that qualify as Covered Transactions as of the Final Settlement Date. If you use Credits issued for otherwise Covered Transaction(s) before the Final Settlement Date, you will not be issued a Refund Payment for any such transactions.
August 14, 2023
If you have not used the Credits issued to your account, you will receive a Refund Payment (i.e., a refund for any Covered Transaction). You will no longer have access to any previously received Credits for Covered Transactions.
If you exclude yourself from the Settlement, you will not receive a Refund Payment or Extended Credit under the Settlement. Excluding yourself is the only option that allows you to ever bring or maintain your own lawsuit against SeatGeek regarding the allegations in the Action ever again.
August 14, 2023
|You may write to the Court about why you object to (i.e., don’t like) the Settlement and think it should not be approved. Filing an objection does not exclude you from the Settlement. If you object, you are still eligible to receive a Refund Payment or Extended Credit.
August 14, 2023
|GO TO THE "FAIRNESS HEARING"
The Court will hold a Final Approval Hearing or “Fairness Hearing” to consider the Settlement and the request for attorneys’ fees and costs of the lawyers who brought the Action.
You may, but are not required to, speak at the Fairness Hearing about any objection you filed to the Settlement. If you intend to speak at the Fairness Hearing, you must also include as part of your objection a “Notice of Intention to Appear” to the Court and the Parties’ attorneys indicating your intent to do so.
October 18, 2023
- These rights and options—and the deadlines to exercise them—are explained in more detail below.
- The Court in charge of this Action has preliminarily approved the Settlement and must decide whether to give final approval to the Settlement. The relief provided to Class Members will be provided only if the Court gives final approval to the Settlement and, if there are any appeals, after the appeals are resolved in favor of the Settlement. Please be patient.