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Live Nation faces lawsuit from LI man over ticket pricing

Nikon at Jones Beach Theater in Wantagh is

Nikon at Jones Beach Theater in Wantagh is seen April 19, 2015. Credit: Kevin P. Coughlin

A West Hempstead man is suing Live Nation over what he said are deceptively priced concert tickets at Nikon at Jones Beach Theater, according to court documents.

David Himber was angered when he discovered the total price of a ticket to the venue’s Sept. 1 Rascal Flatts show was at least $6 more than what was initially listed on the website, the documents said.He is seeking damages for himself and others who may have purchased tickets at the box office.

“The lawsuit speaks for itself, really,” said Abraham Kleinman, a Uniondale attorney representing Himber.

A Live Nation spokeswoman declined to comment, adding that the company doesn’t comment on ongoing litigation.

Himber had tried to buy three tickets online priced at $49.50 each, but online sales carried an additional $15.25 fee per ticket, according to the Live Nation website. He then drove to the box office at the theater to avoid the fee, but was charged an additional $6, for a total of $55.50 per ticket, he said in court documents.

Himber purchased the tickets despite the extra cost, which he said was not listed online or in advertising, after making the 20-minute drive. He filed the suit in U.S. District Court’s Eastern New York district on Sept. 8.

In court documents, Himber accused Live Nation of deceptive marketing for advertising lower rates with unavoidable fees at the box office. The suit notes that 60,000 ticket holders or more could be affected, as Nikon at Jones Beach Theater seats 15,000 and hosts multiple events each week.

The suit asks Live Nation to refund the charges and pay statutory damages of $50 per ticket and $500 per purchase to Live Nation box office customers from the past three years.

Records show that Himber has previously filed suits against the Automobile Club of New York, Intuit and Walmart. Kleinman, who represented Himber in the suit he won against the Automobile Club of New York, said the previous suits shouldn’t suggest that Himber is litigious, only that businesses “were trying to take advantage” of him in the past.

Live Nation and its subsidiaries also sell tickets for Radio City Music Hall, Madison Square Garden and The Space at Westbury.

Ticketmaster, a subsidiary of Live Nation, faced a similar class action lawsuit in 2003 over the company’s use of hidden processing fees. That suit was recently settled, requiring the company to return $42 million to customers over four years. Nearly $5 million in ticket vouchers were released in June.


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