THE Full Federal Court has dismissed Viagogo’s appeal on misleading representations it made, and its penalty of $7 million for breaches of Australian Consumer Law (TD 06 Oct 2020).
Just over three years ago (TD 23 Apr 2019), the Federal Court found Viagogo had made misleading claims on its website relating to the reselling of tickets to live music and sports events, in proceedings brought by the Australian Competition & Consumer Commission (ACCC).
The Full Court today upheld those findings made in 2019 that Viagogo had falsely represented itself as the “official” seller of tickets to particular events.
Also upheld was the finding made by the primary judge that from 01 May 2017 to 26 Jun 2017, Viagogo’s website drew consumers in with a “headline price”, but failed to sufficiently disclose additional fees or specify a single price for tickets, including a 27.6% booking fee which applied to most tickets.
The Full Federal Court stated “had Viagogo made it clear that it was operating a ticket resale site, then there would have been no misapprehension by consumers”.
“Viagogo misled music lovers, sporting fans and other consumers who were hoping to get tickets to a special event,” ACCC Commissioner Liza Carver declared.
“This case was about bad behaviour by an international ticket reseller that deliberately misled thousands of Australian consumers about the price they would have to pay for tickets and falsely represented that those consumers were purchasing tickets from an official site.”
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Source: traveldaily