News - 29/08/2017

ACCC takes ticket reseller Viagogo to court

ACCC takes ticket reseller Viagogo to court

The ACCC has instituted proceedings in the Federal Court against ticket reseller viagogo AG (Viagogo) alleging it breached the Australian Consumer Law when reselling entertainment, music and live sport tickets from 1 May 2017 to 26 June 2017. The ACCC alleges that Viagogo made false or misleading representations, and engaged in misleading or deceptive conduct, regarding the price of tickets on its online platform by failing to disclose substantial fees.

For example, in relation to tickets advertised on Viagogo on 18 May 2017:

  • the price of a Book of Mormon ticket increased from  $135 to $177.45 (31% increase) when the $37.50 booking fee and $4.95 handling fees were included
  • the total price for  three Ashes 2017-18 tickets increased from $330.15 to $426.82 (29% increase) when the $91.71 booking fee and $4.95 handling fees were included  
  • the total price for two Cat Stevens tickets increased from $450.00 to $579.95 (29% increase) when the $125 booking fee and $4.95 handling fees were included

It is also alleged that Viagogo misled consumers by making representations on its website that tickets to certain events were scarce and likely to run out soon, without disclosing that this “scarcity” referred to tickets on its website only.

The ACCC further alleges that Viagogo misled consumers by promoting itself as an authorised ticket seller through the use of the word ‘official’ in search engine advertisements such as Google.

The ACCC has received 473 contacts about Viagogo from Australian consumers this year, and is seeking declarations, injunctions, pecuniary penalties, corrective publication orders, orders for a compliance program and costs.

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