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Ticketmaster's Attempt to Game Arbitration Services Fails-Heckman v. Live Nation - Technology & Marketing Law Blog

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In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases. New Era incorporated some defense-favorable provisions to its mass arbitration provision. The Ninth Circuit holds those provisions go too far and are procedurally and substantively unconscionable. This opinion contains enough criticism to go around, especially with respect to New Era’s policies and practices. However, I’ll focus solely on the majority’s discussion of procedural unconscionability. The majority says: Ticketmaster’s Terms state they may be changed without notice and changes apply retroactively. Ticketmaster changed the Terms on its website on July 2, 2021, requiring all website users to agree to arbitration under New Era’s Rules. Its website provides that a person merely browsing the website without purchasing a ticket agrees to Ticketmaster’s changed Terms. Binding consumers who merely browse a website to the terms specif

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