Class Action Lawsuit against Live Nation for Parking Fees at PNC Bank Arts Center to Go Forward: Federal Judge Denies Live Nation’s Motion to Dismiss

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) June 18, 2010 -- Galex Wolf, LLC
1520 U.S. Hwy 130, Suite 101
North Brunswick, NJ 08904
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Contacts: Henry P. Wolfe, hwolfe@galexwolf.com, Andrew R. Wolf, awolf@galexwolf.com, or Elliot Gardner, egardner@galexwolf.com

FOR IMMEDIATE RELEASE

Class Action Lawsuit against Live Nation Over Parking Fees at PNC Bank Arts Center to Go Forward: Judge Denies Live Nation’s Motion to Dismiss

Judge Mary L. Cooper of the United States District Court in Trenton issued an order yesterday denying Live Nation’s motion to dismiss Katz, et al. v. Live Nation, a class action lawsuit charging that the company's per-ticket "parking fees", "ticket fees" and other pricing policies at the PNC Bank Arts Center in Holmdel, New Jersey violate New Jersey consumer protection laws. The lawsuit, which was filed last year by attorneys at Galex Wolf, LLC of North Brunswick and Squitieri & Fearon, LLP of New York, challenges Live Nation's practice of charging arbitrary and unfair "fees" in addition to the advertised admission price for events at the Arts Center, including a a mandatory "parking fee" (typically $6 per ticket) charged regardless of the ticket holder's intent park a car at the venue, a "ticket fee" (ranging from about $6.00 to $12.00 per ticket) charged without identifying any benefit received in exchange for the fee, and a "charity fee" (ranging from $0.25 to $1.25 per ticket) charged without identifying any charitable organization that would benefit from the fee.

In her written opinion, Judge Cooper ruled that the alleged mandatory per-ticket parking fees “indicate a capacity to mislead consumers and evince a lack of fair dealing" and that the “allegations regarding the ‘ticket fees’ [and] ‘charity fees’…also contain facts, taken as true, that would support a claim of unlawful conduct under the NJCFA.” The “NJCFA” refers to the New Jersey Consumer Fraud Act, which prohibits any "unconscionable commercial practice" in the sale of goods and services to consumers. The judge ruled that Live Nation’s alleged "parking," "ticket," and "charity" fees meet “the standard for unconscionable commercial practice: ‘lack of good faith, honesty in fact and observance of fair dealing.’”

The plaintiffs, Michael Katz and Clifford Davidson, are concertgoers who purchased tickets for PNC Bank Arts Center concerts last summer and were charged the allegedly unlawful fees. The complaint asserts that Live Nation's unfair and deceptive fee and pricing policies violated the NJCFA and other New Jersey consumer protection statues, and seeks money damages for all consumers who paid Live Nation's "fees" for Arts Center events. The complaint also seeks an injunction that would prohibit Live Nation from continuing its unlawful fee and pricing practices at the Arts Center.

The Court’s opinion is available at the Galex Wolf, LLC website at the following link:

http://www.galexwolf.com/sub/firm-news-galex-wolf.jsp

More information can be found online at http://www.galexwolf.com