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Could UK Class Actions Put a Stop to Ticketmaster’s Price-Gouging?

The following piece was contributed by Tom Davey, Co-Founder and Director at Factor Risk Management.

News of another class-action lawsuit against Ticketmaster comes as little surprise, given the company’s long history of legal disputes both in the UK and North America. Described by US senator Richard Blumenthal as a “monopolistic mess”, the company has been beset with criticism and legal action ever since merging with events promoter and venue operator Live Nation in 2010. The combined entity controls around 70% of the live venue and ticketing marketplace, a situation which many believe it exploits at the expense of its customers.

The latest class-action suit, filed by a Canadian law firm, centres on the alleged price-gouging of ticket sales for an upcoming concert by rap superstar Drake. A Montreal man purchased two “Official Platinum” tickets for Drake’s show on 14th July, believing it was the only date he would be performing at the Bell Centre. Having paid $789.54 for each ticket, he then discovered the next day that a second show had been added, with the same tickets each costing $350 less than what he had paid. The suit claims that Ticketmaster had been deceptive in not announcing both dates at the same time and had intentionally withheld the information about a second show to manipulate fans into overpaying. Further, the suit alleges that the tickets sold as “Official Platinum” were simply ordinary tickets relabelled as premium in bad faith. As such, compensation of the difference between the prices paid and the cheaper-priced identical tickets is being sought, as well as punitive damages of $300 for each affected customer.

While collective actions are not easy to mount in North America, plaintiffs are bolstered by the fact that juries there tend to be more claimant-friendly than in other jurisdictions, including by awarding significant damages when finding in their favour. Beneficial costs rules also make such legal actions easier to bring, making the conditions sufficiently clement for group claims to proceed to trial.

By contrast, the system in the UK remains more austere, operating under an unclear, unpredictable and complex regime, whether in the High Court or in the Competition Appeal Tribunal (CAT). However, there is an increasing trend of lawyers at North American firms with a UK presence, or vice versa, noticing the direction of travel set by their colleagues in the US and exploring similar actions, subject to the limitations of their respective jurisdiction. As such, Ticketmaster’s various legal issues in North America may well prove a precursor for similar UK-based claims.

The current class-action facing Ticketmaster is just the latest in a series of lawsuits brought against the company for claims including price fixing and anti-competitive behaviour. The company also faced severe criticism after introducing a “dynamic pricing” model in the UK last year. Already in use in its US sales operations, the system replaces fixed-price tickets with tickets that fluctuate in price based on demand, with critics seeing the model as yet another example of Ticketmaster abusing its dominance of the market to extract even more profit from a captive consumer base.

The company’s legal woes are not limited to issues over the pricing of its tickets. Following a data breach affecting 1.5m UK customers in 2018, Ticketmaster settled out of court in relation to a 40,000-strong group claim. However, the £1.25m penalty notice issued by the ICO did not confer compensation to the affected individuals, nor was it binding by the court. In any event, given the seriousness of the breach, in which personal and banking information was stolen and misused, resulting in over 60,000 bank cards being fraudulently used, such a small fine would have had little effect as a deterrent.

With global revenues of over $9 billion, it is evident that large companies like Ticketmaster are able to flout the rules with limited financial impact. With little meaningful regulatory or court enforcement against the firm, Ticketmaster continues to operate with impunity, safe in the knowledge that its ballooning profits will exceed any financial penalties imposed for any wrongdoing it carries out.

There are clouds on the company’s horizon, however, with US Senators earlier this year calling on the Justice Department to investigate what they called “anticompetitive conduct” by Ticketmaster in relation to its sales. Their call to arms followed a Senate Judiciary Committee hearing in February, which had convened to investigate the lack of competition in the ticketing industry and what they saw as the unfair dominance of Ticketmaster in the sector.

The Senate inquiry had been prompted in part by the well-publicized fiasco surrounding ticket sales for Taylor Swift’s upcoming five-month tour. Ticketmaster’s website crashed during the sales process, stranding customers in line for “presale” tickets for hours, and eventually leading to the cancellation of the public sale. Instead, the only tickets available for purchase were listed on resale sites at sky-high prices, despite Ticketmaster’s promises to weed out scalpers, bots and resale firms from its original sales process.  A class action lawsuit duly followed the debacle, as well as reports that the Justice Department had already opened an antitrust investigation into the firm. Politicians were quick to echo the concerns of affected customers, while Tennessee’s attorney general announced a consumer protection investigation into the company after being deluged with complaints from residents of the state.

Should the claims of antitrust practices be confirmed by the Justice Department, there is a high likelihood that legal teams in the UK would then explore a potential claim against the company via the CAT. This would be a lengthy, expensive and high-risk process, with any cases brought via such route needing third-party funding in order to see their way to fruition.

While group actions such as the Canadian lawsuit currently facing Ticketmaster can be complex processes to negotiate, court-awarded compensation is a far more effective tool in curbing corporate malpractice when compared with the modest fines which regulators can levy. If UK law firms are to follow the lead of their North American counterparts, Ticketmaster may finally pay the price for price-gouging.

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Case Developments Commercial

Sony and Apple Challenge Enforceability of Litigation Funding Models

By John Freund |

A pivotal UK court case could reshape the future of litigation finance agreements, as Sony and Apple reignite legal challenges to widely used third-party funding models in large-scale commercial disputes.

An article in Law360 reports that the two tech giants are questioning the validity of litigation funding arrangements tied to multibillion-pound cartel claims brought against them. Their core argument: that certain litigation funding agreements may run afoul of UK laws governing damages-based agreements (DBAs), which restrict the share of damages a representative may take as remuneration. A previous Court of Appeal decision in PACCAR Inc. v. Competition Appeal Tribunal held that some funding models might qualify as DBAs, rendering them unenforceable if they fail to comply with statutory rules.

This resurrected dispute centers on claims brought by class representatives against Apple and Sony over alleged anti-competitive behavior. The companies argue that if the funding arrangements breach DBA regulations, the entire claims may be invalidated. For the litigation funding industry, the outcome could severely curtail access to justice mechanisms in the UK—especially for collective actions in competition law, where third-party financing is often essential.

The UK’s Competition Appeal Tribunal previously stayed the proceedings pending clarity on the legal standing of such funding arrangements. With the dispute now heading back to court, all eyes will be on whether the judiciary draws a clear line around the enforceability of funder agreements under current law.

The decision could force funders to rework deal structures or risk losing enforceability altogether. As UK courts revisit the DBA implications for litigation finance, the sector faces heightened uncertainty over regulatory compliance, enforceability, and long-term viability in complex group litigation. Will this lead to a redefinition of permissible funding models—or to a call for legislative reform to protect access to collective redress?

Case Developments Commercial

Funder’s Interference in Texas Fee Dispute Rejected by Appeals Court

By Harry Moran |

A Texas appeals court has ruled that a litigation funder cannot block attorneys from pursuing a fee dispute following a remand order, reinforcing the limited standing of funders in fee-shifting battles. In a 2-1 decision, the First Court of Appeals found that the funder’s interest in the outcome, while financial, did not confer the legal authority necessary to participate in the dispute or enforce a side agreement aimed at halting the proceedings.

An article in Law360 details the underlying case, which stems from a contentious attorney fee battle following a remand to state court. The litigation funder, asserting contractual rights tied to a funding agreement, attempted to intervene and stop the fee litigation between plaintiffs' and defense counsel. But the appellate court sided with the trial court’s decision to proceed, emphasizing that only parties directly involved in the underlying legal work—and not third-party financiers—are entitled to challenge or control post-remand fee determinations. The majority opinion concluded that the funder’s contract could not supersede procedural law governing who may participate in such disputes.

In dissent, one justice argued that the funder’s financial interest merited consideration, suggesting that a more expansive view of standing could be warranted. But the majority held firm, stating that expanding standing would invite unwanted complexity and undermine judicial efficiency.

This decision sends a strong signal to funders operating in Texas: fee rights must be contractually precise and procedurally valid. As more funders build fee recovery provisions into their agreements, questions linger about how far those rights can extend—especially in jurisdictions hesitant to allow funders a seat at the litigation table.

Commercial Regulatory Issues

Oklahoma Moves to Restrict Foreign Litigation Funding, Cap Damages

By John Freund |

In a significant policy shift, Oklahoma has enacted legislation targeting foreign influence in its judicial system through third-party litigation funding. Signed into law by Governor Kevin Stitt, the two-pronged legislation not only prohibits foreign entities from funding lawsuits in the state but also imposes a $500,000 cap on non-economic damages in civil cases—excluding exceptions such as wrongful death. The new laws take effect November 1, 2025.

An article in The Journal Record notes that proponents of the legislation, including the Oklahoma Civil Justice Council and key Republican lawmakers, argue these measures are necessary to preserve the integrity of the state's courts and protect domestic businesses from what they view as undue interference. The foreign funding restriction applies to entities from countries identified as foreign adversaries by federal standards, including China and Russia.

Critics, however, contend that the laws may undermine access to justice, especially in complex or high-cost litigation where third-party funding can serve as a vital resource. The cap on non-economic damages, in particular, has drawn concern from trial lawyers who argue it may disproportionately impact vulnerable plaintiffs without sufficient financial means.

Oklahoma’s move aligns with a broader national trend of state-level scrutiny over third-party litigation funding. Lawmakers in several states have introduced or passed legislation to increase transparency, impose registration requirements, or limit funding sources.

For the legal funding industry, the Oklahoma law raises pressing questions about how funders will adapt to an increasingly fragmented regulatory landscape. It also underscores the growing political sensitivity around foreign capital in civil litigation—a trend that could prompt further regulatory action across other jurisdictions.