In a decisive victory on behalf of PLG client Shipwrecked Brooklyn, Cassandra Porsch obtained dismissal of a putative class action filed under a recently-enacted provision of the New York Arts & Cultural Affairs Law (Section 25.07) for allegedly failing to disclose ticket service fees early enough in the online checkout process or in large enough font. This new law has spawned a spate of class action lawsuits against ticket sellers and entertainment venues both large and small, while the case law interpreting the statute is only emerging. Among other points, Cassandra argued that because the complained-of $1.50 service fee was disclosed separately prior to checkout and the plaintiff knowingly proceeded with her purchase, any claims were barred under the voluntary payment doctrine. The judge sitting in the Supreme Court of New York, Commercial Division, agreed, and dismissed the case.
We are thrilled to have earned this result for our New York-based small business client.
