Shankula, et al. v. TicketsOnSale.com, LLC, et al.

The notice has been approved by the Court and summarizes the proposed Settlement.  For the precise terms and conditions of the Settlement, please review the Settlement Agreement, available on the Important Documents page Judge Angelo J. Kappas of the Eighteenth Judicial Circuit Court of DuPage County, Illinois is overseeing this class action.  The lawsuit is known as Shankula, et al. v. TicketsOnSale.com, LLC, et al., Case No. 2022LA000282 (Ill. Cir. Ct., DuPage Cty.).

The lawsuit claimed that TicketsOnSale.com and Ticket Fulfillment Services were obligated to provide payments for tickets purchased on or before August 17, 2022 to events that, at any time from March 23, 2017 through August 17, 2022, were cancelled, postponed or rescheduled, that TicketsOnSale.com and Ticket Fulfillment Services failed to do so and that ticket purchasers suffered damages and/or were otherwise entitled to relief as a result.  TicketsOnSale.com and Ticket Fulfillment Services deny all of the allegations in the lawsuit.

In a class action lawsuit, one or more people (called named plaintiffs) sue on behalf of other people who have similar claims.  The people together are a class or class members.  The company they sued is called the defendant.  One court resolves the issues for everyone in the class, except for those people who choose to exclude themselves, or opt out, of the class.

The Court did not decide in favor of Plaintiffs or TicketsOnSale.com and Ticket Fulfillment Services, the Defendants here.  Instead, both sides agreed to a Settlement.  The Plaintiffs and Class Counsel believe the proposed Settlement confers substantial benefits on the Settlement Class and have determined that the Settlement is in the best interest of the Settlement Class and represents a fair, reasonable and adequate resolution of the lawsuit. 

TicketsOnSale.com and Ticket Fulfillment Services deny the claims in the lawsuit; deny all allegations of wrongdoing, fault, liability or damage to the Plaintiffs and the Settlement Class; and deny that they acted improperly or wrongfully in any way.  TicketsOnSale.com and Ticket Fulfillment Services nevertheless recognize the expense and time that would be required to defend the lawsuit through trial and have taken this into account in agreeing to this Settlement.

The Court decided that everyone who fits this description and does not fall under the exclusions below is a Settlement Class Member:  All persons or entities residing in the United States, its territories or Canada who at any time on or before August 17, 2022 purchased a ticket through TicketsOnSale.com or OnlineCityTickets.com to an event that, at any time from March 23, 2017 through August 17, 2022, was cancelled or was postponed or rescheduled and has not yet occurred.

Excluded from the Settlement Class are: (1) TicketsOnSale.com and its subsidiaries and affiliates, employees, officers, directors, agents and representatives; (2) Ticket Fulfillment Services and its subsidiaries and affiliates, employees, officers, directors, agents and representatives; (3) Class Counsel; (4) the judges who have presided over this lawsuit; and (5) all persons or entities who have timely elected to become Opt Outs from the Settlement Class in accordance with the Court’s orders.

If you are still unsure whether you are included, you can call or email the Settlement Administrator at (888) 859-0887 or info@ticketmarketplacesettlement.com.

The proposed Settlement creates a common fund of $4.1 million to pay approved claims made by Settlement Class Members.

There are three ways to get a payment.

First, if you purchased a ticket(s) through TicketsOnSale.com or OnlineCityTickets.com on or before August 17, 2022 to an event(s) that, at any time from March 23, 2017 through August 17, 2022, was cancelled, you may have already received a credit from TicketsOnSale.com or OnlineCityTickets.com toward the purchase of tickets to future events.  As part of the Settlement, the expiration date for any such active, non-expired credits shall be extended, such that those credits are valid for use toward the purchase of tickets through TicketsOnSale.com through January 31, 2023.  To receive this benefit, you are not required to do anything at this time.  If you would instead prefer a cash payment equal to the price of the ticket(s) you purchased (inclusive of base price, fees and delivery charges, exclusive of any insurance charges and less any amounts paid with gift cards, store credit or loyalty credit) (“Purchase Price”) to the Cancelled Event(s), less any sums already paid or any sums spent in credit, you must submit or postmark a Cancelled Event Claim Form by January 17, 2023 to be eligible to qualify for a payment.  The Cancelled Event Claim Form is available on the Important Documents page.  You may submit a claim by completing and signing that Cancelled Event Claim Form and submitting it in accordance with its instructions.  You may submit a Cancelled Event Claim Form by mail to 1650 Arch Street, Suite 2210, Philadelphia, PA 19103 Ticket Marketplace Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. You may also submit a Cancelled Event Claim Form online.  If you have any questions about the Cancelled Event Claim Form or how to file a claim, call (888) 859-0887 or email  info@ticketmarketplacesettlement.com. If you claim a cash payment, you will relinquish and no longer be entitled to any credit from TicketsOnSale.com toward the purchase of tickets to events through TicketsOnSale.com (except that you may be entitled to retain a certain portion of any such active credit in the event of oversubscription of the Cash Fund, as described in Section IV(E) of the Settlement Agreement).  You may be asked for additional information.  Follow all instructions on the Cancelled Event Claim Form and make sure to inform the Settlement Administrator of any changes in your address after you have submitted your Claim Form.

Second, if you purchased a ticket(s) through TicketsOnSale.com or OnlineCityTickets.com on or before August 17, 2022 to an event(s) that, at any time from March 23, 2017 through August 17, 2022, was postponed or rescheduled, but is not yet cancelled and has not yet occurred, and you resided in the State of California at the time you purchased the ticket(s) to the postponed event(s) or rescheduled event(s), you are may receive a cash payment equal to the Purchase Price of the ticket(s) you purchased (to the Postponed or Rescheduled Event(s), less any sums already paid or any sums spent in credit.  You must submit or postmark a California Postponed Or Rescheduled Event Claim Form by January 17, 2023 to be eligible to qualify for a payment.  The California Postponed Or Rescheduled Event Claim Form is available on the Important Documents page and can be submitted by mail to 1650 Arch Street, Suite 2210, Philadelphia, PA 19103, or online. If you have any questions about how to file a claim, call (888) 859-0887 or email  info@ticketmarketplacesettlement.com. In addition, to be eligible for a cash payment, you must relinquish ownership of the valid ticket(s) to the yet-to-occur Postponed Event or Rescheduled Event by January 17, 2023. If you have an e-ticket(s), such as downloadable pdfs or static QR codes, you must relinquish ownership of the e-ticket(s) by emailing them to claims@ticketsonsale.com.  If you have a physical ticket(s), you must relinquish ownership of the ticket(s) by mailing the ticket(s) to Retail Holdings, 225 W. Randolph St., Fl. 30, Chicago, IL 60606.  If you have a transfer ticket(s) that is housed in a third-party app (e.g., Ticketmaster app), you must relinquish ownership of the ticket(s) by transferring ownership of the ticket(s) to claims@ticketsonsale.com through the third-party app.  If you claim a cash payment and return your ticket, you shall relinquish and no longer be entitled to any other relief under the Settlement Agreement, including any credit you could use toward a purchase through TicketsOnSale.com that you might have received if your event was cancelled.  You may be asked for additional information.  Follow all instructions on the California Postponed Or Rescheduled Event Claim Form and make sure to inform the Settlement Administrator of any changes in your address after you have submitted your California Postponed Or Rescheduled Event Claim Form.

Third, whether or not you resided in the State of California at the time of purchase, if you purchased a ticket(s) through TicketsOnSale.com or OnlineCityTickets.com on or before August 17, 2022 to an event(s) that, at any time from March 23, 2017 through August 17, 2022, was postponed or rescheduled but not yet cancelled, and that event is cancelled after August 17, 2022 and you hold that ticket(s) at the time of cancellation, you will be entitled to certain relief as part of the Settlement.  Specifically, you will automatically be entitled to a credit from TicketsOnSale.com toward the purchase of tickets to future events equal to 120% of the Purchase Price of the ticket(s) you purchased, less any sums already paid or any sums spent in credit.  By way of example only, if you paid a Purchase Price of $100 for a ticket to a Postponed Event and you have already been paid $50, in the event the Postponed Event becomes cancelled, you will automatically be entitled to a credit from TicketsOnSale.com equal to $60 (1.20 x ($100 – $50)).  That credit will be valid through January 31, 2023.  You can instead elect to receive a cash payment equal to the Purchase Price of the ticket(s) you purchased, less any amounts paid with gift cards, store credit or loyalty credit to the Postponed Event or Rescheduled Event that was later cancelled, less any sums already paid or any sums spent in credit.  To elect to receive this cash payment, you will be required to request that cash payment from TicketsOnSale.com within twenty-one (21) days of receiving notice that the Postponed Event or Rescheduled Event has been cancelled.

The Court will hold a hearing on January 19, 2023 at 10:00 am CST, to decide whether to approve the Settlement.  If the Court approves the Settlement after that, there may be appeals.  It is always uncertain whether those appeals can be resolved, and resolving them can take time, perhaps more than a year.  Please be patient.

If Settlement Class Members’ claims from the Cash Fund would result in TicketsOnSale.com and Ticket Fulfillment Services paying more than $4.1 million to the Cash Fund, then each Settlement Class Member’s claim will be reduced pro rata, meaning that each cash award will be reduced by an equal percentage until the Settlement Class Members’ claims no longer exceed the funds available for payment from the $4.1 million.  In the event of pro rata reductions, Settlement Class Members will retain a portion of any existing credit, but forfeit that portion of any existing credit that they currently hold and have not yet redeemed that is equal to (i) the credit issued prior to any redemption of that credit divided by the Purchase Price multiplied by (ii) the cash payment being issued.  By way of examples only, if a Settlement Class Member originally paid a Purchase Price of $100, originally received in 2020 a credit valued at $100 (i.e., 100%) and receives $80 in cash from the Cash Fund, then the Settlement Class Member will receive a credit valued at $20 in addition to $80 in cash and will forfeit credits valued at $80 (($100/$100) x $80).  If a Settlement Class Member originally paid a Purchase Price of $100, originally received in 2020 a credit valued at $120 (i.e., 120%) and receives $80 in cash from the Cash Fund, then the Settlement Class Member will receive a credit equal to $24 in addition to $80 in cash and will forfeit credits valued at $96 (($120/$100) x $80).  If the Cash Fund is undersubscribed (i.e., fewer claims for compensation are approved than dollars available in the Cash Fund), any amounts remaining in the Cash Fund will revert in full to TicketsOnSale.com and Ticket Fulfillment Services.

Unless you exclude yourself, you are staying in the Settlement Class, and that means that you cannot sue, continue to sue or be part of any other lawsuit against TicketsOnSale.com and Ticket Fulfillment Services about the legal issues in this case.  It also means that all of the Court’s orders will apply to you and legally bind you.  If you sign the Cancelled Event Claim Form or the California Postponed Or Rescheduled Event Claim Form, you will agree to a Release of claims which describes exactly the legal claims that you give up if you get Settlement benefits.  The Release is defined and detailed in the Settlement Agreement, which is available on the Important Documents page.

Any member of the Settlement Class who wants to be excluded from the Settlement Class and to become an Opt Out must submit a Request for Exclusion to the Settlement Administrator at the address provided below. 

Any request to be excluded from the Settlement Class must be postmarked on or before December 1, 2022 and must:

1. Have the signature of the member of the Settlement Class, even if represented by counsel.  If the member of the Settlement Class is an entity and not an individual, the Request for Exclusion must be signed by an officer or director of the entity with authority to act on behalf of that entity.  If the member of the Settlement Class Member is represented by counsel, the Request for Exclusion shall also be signed by that attorney.
2. State the name, address and telephone number of the Person requesting exclusion;
3. Identify all of the Cancelled Events, Postponed Events and/or Rescheduled Events to which the Person purchased tickets through TicketsOnSale.com or OnlineCityTickets.com and the date on which each event was originally scheduled to occur; and
4. Contain a clear and unambiguous statement communicating that such Person elects to be excluded from the Settlement Class, does not wish to be a Settlement Class Member and elects to be excluded from any judgment entered pursuant to the Settlement. 

Requests for Exclusion must be mailed to:

Ticket Marketplace Settlement Administrator
ATTN:  Exclusion Request Mail
PO Box  58220
Philadelphia, PA 19102

If you exclude yourself, you must do so with respect to all tickets that you purchased through TicketsOnSale.com and OnlineCityTickets.com on or before August 17, 2022 to events that, at any time from March 23, 2017 through August 17, 2022, were cancelled, postponed and/or rescheduled.  You may not exclude yourself with respect to some but not all of these tickets.  Further, you may exclude yourself on an individual basis only; so-called “mass” or “class” opt outs are not allowed. 

No.  Unless you exclude yourself, you will be bound by the Final Order and Judgment, and you give up the right to sue TicketsOnSale.com and Ticket Fulfillment Services for the claims that this Settlement resolves.  If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately.  You must exclude yourself from this Settlement Class to continue your own lawsuit.

No.  If you exclude yourself, do not submit a Cancelled Event Claim Form or California Postponed Or Rescheduled Event Claim Form to ask for a cash payment.  But you may sue, continue to sue or be part of a different lawsuit against TicketsOnSale.com and Ticket Fulfillment Services.

No.  A member of the Settlement Class who submits a timely Request for Exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement. 

No.  Any member of the Settlement Class who fails to submit a timely and complete Request for Exclusion sent to the proper address shall be subject to and bound by this Settlement and every order or judgment entered pursuant to this Settlement.  Any purported Request for Exclusion or other communication sent to such address that is unclear or internally inconsistent with respect to the desire of the member of the Settlement Class to be excluded from the Settlement Class will be deemed invalid unless determined otherwise by the Court.  Requests for Exclusion signed only by counsel or another representative shall not be permitted.

The Court has appointed Abbas Kazerounian, Esq. of Kazerouni Law Group, APC, and Todd M. Friedman of the Law Offices of Todd M. Friedman, P.C. to represent you as Class Counsel.  You will not be charged for these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court for Attorneys’ Fees and Expenses up to $1,366,667 and a payment of up to $5,000 for each of the Plaintiffs.  The Court may award less than these amounts.  The fees and expenses that the Court approves will be paid from the Cash Fund.  The costs to administer the Settlement will also be paid from the Cash Fund.  Class Counsel’s Motion for Attorneys’ Fees and Expenses will be available on the Settlement Website once it has been filed.

If you are a Settlement Class Member, you can object to the Settlement if you do not like any part of it.  You can ask the Court to deny approval by filing a written notice of objection.  You cannot ask the Court to order a different Settlement; the Court can only approve or reject the Settlement.  If the Court denies approval, no cash payments or credits will be provided under the Settlement, and the lawsuit will continue.  If that is what you want to happen, you may object.  Please note that you cannot both object to the Settlement and opt out of it.

Any objection to the proposed Settlement must be in writing.  If you file a timely written notice of objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney.  If you appear through your own attorney, you are responsible for hiring and paying that attorney.  Your objection must be filed on or before December 1, 2022, or it will not be considered.

Any Settlement Class Member who wishes to be heard at the Final Approval Hearing, or who wishes for any objection to be considered, must file a written notice of objection by December 1, 2022 that must:

1. Have the signature of the member of the Settlement Class objecting, even if represented by counsel.  If the member of the Settlement Class is an entity and not an individual, the objection must be signed by an officer or director of the entity with authority to act on behalf of that entity.  If the Settlement Class Member that is objecting to the Settlement is represented by counsel, the objection shall also be signed by that attorney;
2. State the name, address and telephone number of the Settlement Class Member objecting;
3. State the name, address and telephone number of every attorney representing or assisting the objector;
4. Identify all of the Cancelled Events, Postponed Events, and/or Rescheduled Events to which the Settlement Class Member purchased tickets through TicketsOnSale.com or OnlineCityTickets.com and the date on which each event was originally scheduled to occur;
5. Contain a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, together with any documents such Settlement Class Member wishes to be considered in support of the objection;
6. A list of all cases in which the Settlement Class Member or Settlement Class Member’s counsel filed an objection or in any way participated -- financially or otherwise -- in objecting to a class settlement during the preceding five years; and
7. Contain a statement regarding whether the Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, and a list of all persons, if any, who will be called to testify in support of the objection. 

A Settlement Class Member must file a notice of objection, including any request to be heard with the Clerk of the Court, and serve by mail or hand delivery such notice of objection, including any request to be heard, including all papers or evidence in support thereof, upon one of the Class Counsel and Defense Counsel, at the addresses set forth below, no later than December 1, 2022. 

Any Settlement Class Member who does not properly or timely file his or her objection with the Clerk of the Court, along with the required information and documentation set forth above, or to serve it as provided above, shall not be heard during the Final Approval Hearing, shall not have their objections considered by the Court and shall be foreclosed from seeking any adjudication or review of the Settlement by appeal or otherwise.

Objecting is simply telling the Court that you do not like something about the Settlement.  You can object only if you stay in the Settlement Class.  Excluding yourself is telling the Court that you do not want to be part of the Settlement Class.  If you exclude yourself, you have no basis to object because the case no longer affects you.

No.  Any Settlement Class Member who does not properly or timely file his or her objection with the Clerk of the Court, along with the required information and documentation set forth above, or to serve it as provided above, shall not be heard during the Final Approval Hearing, shall not have their objections considered by the Court and shall be foreclosed from seeking any adjudication or review of the Settlement by appeal or otherwise.

The Court will hold a Final Approval Hearing at  10:00 am CST on January 19, 2023 in Courtroom 2020 at the Eighteenth Judicial Circuit Court of DuPage County, Illinois, 505 North County Farm Road, Wheaton, Illinois 60187 or by remote means as ordered by the Court.  At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate.  If there are timely and proper objections, the Court will consider them.  The Court will listen to people who have timely and properly asked to speak at the hearing.  The Court may also decide how much to pay Class Counsel and award Plaintiffs.  After the hearing, the Court will decide whether to approve the Settlement.  We do not know how long these decisions will take.

No.  Class Counsel will answer any questions the Court may have, but you are welcome to come at your own expense.  If you submit an objection, you do not have to come to Court to talk about it.  As long as you timely and properly submitted your written objection, along with the required information and documentation set forth above, the Court will consider it.  You may also pay your own lawyer to attend, but it is not necessary.

You may ask the Court for permission to speak at the Final Approval Hearing.  To do so, you must submit a written notice of objection that states your intention to appear at the Final Approval Hearing, either with or without counsel, as outlined above.  Be sure to include your name, address, telephone number and your signature as well as the signature of any attorney representing you, in addition to the other information outlined above.  Your written notice of objection indicating your intention to appear must be filed with the Clerk of the Court, and served by mail or hand delivery upon one of the Class Counsel and Defense Counsel, at the addresses set forth in Section 18  above, no later than December 1, 2022.  You cannot speak at the hearing if you excluded yourself.

If you purchased a ticket(s) through TicketsOnSale.com or OnlineCityTickets.com on or before August 17, 2022 to an event(s) that, at any time from March 23, 2017 through August 17, 2022, was cancelled, you may have already received a credit from TicketsOnSale.com or OnlineCityTickets.com toward the purchase of tickets to future events.  If you do nothing, the expiration date for any such active, non-expired credits shall be extended through January 31, 2023, such that those credits are valid for use toward the purchase of tickets through TicketsOnSale.com through Janaury 31, 2023.  If you do nothing, and do not properly submit or postmark a Cancelled Event Claim Form or California Postponed Or Rescheduled Event Claim Form by January 17, 2023, you will not be eligible to receive any cash payment as part of the Class Settlement.  In addition, unless you exclude yourself from the Settlement Class, you will give up your right to be able to start a lawsuit, continue with a lawsuit or be part of any other lawsuit against TicketsOnSale.com or Ticket Fulfilment Services about the legal issues in this case ever again.

If you purchased a ticket(s) through TicketsOnSale.com or OnlineCityTickets.com on or before August 17, 2022 to an event(s) that, at any time from March 23, 2017 through August 17, 2022, was postponed or rescheduled but not yet cancelled, that event is cancelled after August 17, 2022 , and you do nothing, you will be entitled to affirmative relief as part of the Settlement.  Specifically, you will automatically be entitled to a credit from TicketsOnSale.com or OnlineCityTickets.com toward the purchase of tickets to future events equal to 120% of the total Purchase Price of the ticket(s) less any sums already paid or any sums spent in credit. By way of example only, if you paid a Purchase Price of $100 for a ticket to a Postponed Event and you have already been paid $50, in the event the Postponed Event becomes cancelled, you will automatically be entitled to a credit from TicketsOnSale.com equal to $60 ($1.20 x ($100 – $50)).  That credit will be valid through January 31, 2023.  If you would rather receive a cash payment equal to the Purchase Price of the ticket(s) you purchased to the Postponed Event or Rescheduled Event that is later cancelled after August 17, 2022 , less any sums already paid or any sums spent in credit, you will be able to request one by sending your request to  TicketsOnSale.com within twenty-one (21) days of receiving notice that the Postponed Event or Rescheduled Event has been cancelled. 

Whether or not you request a cash payment, however, by doing nothing and not excluding yourself from the Settlement Class now, you will give up your right to be able to start a lawsuit, continue with a lawsuit or be part of any other lawsuit against TicketsOnSale.com and Ticket Fulfilment Services about the legal issues in this case ever again.

The Notice summarizes the proposed Settlement.  More details are in the Settlement Agreement.  You can get a copy of the Settlement Agreement and other important case documents on the Important Documents page.