3:49pm PT by Ashley Cullins
Concertgoers suing Ticketmaster and Live Nation over live event ticket fees believe no one actually reads the terms of service that bind them to arbitration and are asking a California federal judge for discovery that could help them prove the websites' formats are to blame.
Olivia Van Iderstine and Mitch Oberstein in April sued Ticketmaster and its parent Live Nation claiming the companies have a monopoly on live events and therefore can charge "extraordinarily high fees" for tickets.
The companies responded in June with a motion to compel arbitration. They argue that in order to buy tickets through their sites users have to affirmatively agree to their terms of service at least three times — and those terms include a mandatory arbitration provision and a waiver of class action rights.
Now, the plaintiffs are asking the court to allow them to conduct discovery to determine whether a valid arbitration agreement exists so they're prepared to oppose the motion to compel. They believe the website and mobile app are formatted in a way that users clicking to proceed with their purchases doesn't actually amount to them accepting the terms.
Read the full motion below.