VIC Boomers v USA Basketball - Misleading Advertising? Right to Refund?

Discussion in 'Australian Consumer Law Forum' started by Newy, 25 July 2019.

  1. BlueShirt

    BlueShirt Member

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    Hi everyone, I thought I'd share my experiences thus far:

    1) Contacted Ticketmaster Support via the Request for Refund section in "My Account"
    2) Response from Ticketmaster fobbed me off to TEG, so I sent the same email to them
    3) Whilst there was no response to TEG, I filled in the online form for request for assistance from VCAT
    4) Then received an email reply from TEG, stating they're looking into it and will reply shortly (yet to reply, 3 days since that email)
    5) VCAT called me, and we discussed options - they stated this should be a definite breach of Section 27, and that Ticketmaster's claims its not their problem is a lie
    6) As per VCAT's request, sent a letter detailing a demand for refund, giving 10 business days. VCAT told me to get in touch with them if nothing is forthcoming
    7) Ticketmaster replied, again, stating that it is not their problem, and that they can't/won't help me

    That's up to date right there.
    I'm considering forwarding the letter to TEG, just to cover all bases, but either the VCAT rep or the Ticketmaster rep have no idea what they're talking about, since they're contradicting each other.

    Anyone else had any luck?
     
  2. Josh Gl

    Josh Gl Member

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    Spoke to my barrister friend about this.

    He said you’d need to establish two things at VCAT if mounting a misleading and deceptive / false representation claim:

    1. Was there a reasonable basis for TEG that the best players would play. That’s factual. Who knows what the answer is. But under the ACL, a representation as to a future matter is misleading unless the person who made the representation proves they had a reasonable basis

    2. Is the term of the Ticketmaster ticket which enables substituting players for any reason unfair?

    It’s unlikely this would proceed to vcat hearing as TEG will likely refund you instead of contest the matter. For the $50 filing fee it’s definitely worth a shot.

    I’d include TEG and Ticketmaster in the vcat application as TM is the agent.

    Happy to discuss.
     
  3. Wade B

    Wade B Member

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    Hi Guys,

    Thanks for all your help. Busy writing my letter of demand now. Does anyone have a draft one they would be willing to send me to edit and then send myself? Never written one before.

    Cheers
     
  4. Josh Gl

    Josh Gl Member

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  5. Cargs

    Cargs Member

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    Any other news on this?
     
  6. BlueShirt

    BlueShirt Member

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    I spoke to Victorian Consumer Affairs, again.

    They’ve had people asking about whether they should go or not, with CA’s opinion being that going would likely void any capacity for a refund (which goes without saying). One can only assume that this may be a deliberate ploy, by TEG, in that they are dodging all contact until after the events in the desperate hope that people will just use their tickets.

    Extremely shady company which will likely completely get away with this.
     
  7. Demanding

    Demanding Active Member

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    I was offered a refund last night
     
  8. Demanding

    Demanding Active Member

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    I thought the same, however I received an offer for refund last night
     
  9. Demanding

    Demanding Active Member

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  10. Demanding

    Demanding Active Member

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    Did you get a response, I received an offer for refund last night.
     
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