Batson v. Live Nation, Entm't, Inc., No. 13-1560 (7th Cir. 2014)Annotate this Case
Batson went to Live Nation’s Chicago box office and purchased a non‐refundable ticket to see a popular band. He later realized that the ticket price included a $9 parking fee for a spot he did not want. Believing that the bundled $9 fee was unfair, he sued on behalf of himself and a proposed class, citing the Class Action Fairness Act, 28 U.S.C. 1332(d)(1), and claiming that Live Nation had committed an unfair practice in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act. The complaint referred to the 2010 merger between Live Nation and Ticketmaster (which was not blocked by the Department of Justice). The district court dismissed. The Seventh Circuit affirmed, stating that there are times when consumers must accept a package deal in order to get the part of the package they want. The relevant factors ask whether the practice offends public policy; is immoral, unethical, oppressive, or unscrupulous; or causes substantial injury to consumers.