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Almost there! Two more steps!

First, please review and e-sign the Declaration(s). This is a legal document signed under oath that states facts based on your answers to the intake questionnaire and confirms your agreement to resolve your dispute in private arbitration. It is essential that all information is true and correct. If any information is incorrect, do not proceed further and instead contact us at clientservices@zimmreed.com.

STUBHUB DECLARATION

I, {firstName} {lastName}, hereby declare as follows:

1. My name is {firstName} {lastName} (“Declarant”).
   
   
2. I am an adult resident of {city}, {state}.
   
   
3. I present this Declaration and Notice of Dispute generally describing my dispute with ticket seller and marketplace, StubHub Inc., which conducts business on the following website www.stubhub.com and mobile application. (“StubHub”)
   
   
4. I have purchased tickets to entertainment events (concerts, live sports and/or other events) that took place at venues in New York state from StubHub, since September 1, 2022.
   
   
5. I have purchased approximately {howMany} tickets to events that were venued in New York state from StubHub, since September 1, 2022.
   
   
6. For instance, I recall purchasing tickets to {event} in New York state from StubHub, after September 1, 2022.
   
   
7. I have a StubHub account registered to {stubhub_email} that I used to purchase tickets to events in New York state from StubHub, after September 1, 2022.  My StubHub account should show the tickets that I purchased.
   
   
8. When I purchased the tickets from StubHub referenced above, the first screen on the StubHub website or app did not reveal the total, final price of the tickets to me.  Rather, only after I selected certain tickets listed as being available for sale at a particular price on the first screen displaying available tickets for sale were additional ticket related fees charged by StubHub (for example., service fees, fulfillment fees) added to that initially posted price on subsequent screens, resulting in a higher final price for the ticket.  Those additional fees were only revealed subsequent screens on the StubHub website or app, not the first page where I initially chose tickets I that may be interested in buying.
   
   
9. I believe that the failure to disclose all ticket related fees and the actual final price up front on the initial webpage displaying available tickets is deceptive.  I seek to have StubHub to change its fee disclosure practices for the benefit of consumers so that the final and total ticket price is revealed on the initial screen, not later in the process.
   
   
10. Based on StubHub’s statements and omissions of material fact, described above, I contend that StubHub has engaged in (1) consumer-oriented conduct that is (2) materially misleading and that (3) I suffered injury as a result of the allegedly deceptive act or practice.  While I ultimately purchased tickets, I would have liked the total final price with all fees being charged to be disclosed on the initial webpage or app screen presenting the tickets for sale.   I believe StubHub’s failure to do so is misleading.
    
    
11. I seek monetary relief, including any available statutory damages that may be awarded.  The total value of the relief sought on my individual claims is less than $10,000.00.
    
    
12. I understand from StubHub’s website and User Agreement that any dispute that I have against StubHub must be presented for resolution in a private arbitration forum (AAA) rather than in a court of law. See User Agreement (effective date June 2022) found at https://my.stubhub.com/legal?section=ua.   I agree to arbitrate my dispute with StubHub in AAA arbitration pursuant to the User Agreement (effective date June 2022) that StubHub published on its website at the time of my transactions and time my claims accrued. 

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

 

Executed by {firstName} {lastName} on {dateStubhubDecl}.

StubHub Notice of Dispute

 

StubHub is committed to providing a forum for resolving disputes with customers in a fair and efficient manner. If you have a dispute with StubHub, please contact StubHub Customer Service.

If Customer Service is unable to resolve the dispute to your satisfaction, please notify us of your dispute by sending this form to our legal department.

Please complete this form in its entirety (printing legibly). Retain a copy for your records and send the completed form by certified mail to: StubHub Inc., Attn: Litigation Department, Re: StubHub Notice of Dispute, PO Box 448, 12180 S 300 E, Draper, UT 84020. If the dispute is not resolved to your satisfaction, you may begin arbitration by submitting a Demand for Arbitration to the American Arbitration Association, which can be found at www.adr.org.

	Name	{firstName} {lastName}
	Email	{primary_email}
	Telephone	+1 {phoneNumber}
	Address	{address}  {address2}  {city}, {state} {zipCode}
	Please briefly describe the nature of your dispute and attach any supporting documents you wish to provide. If necessary, please use the reverse side or additional paper.
	Claimant’s dispute challenges Respondent StubHub, Inc.’s and its affiliates’ (collectively “Respondent” or “StubHub”) common conduct of improperly charging consumers on their websites in violation of applicable provisions of New York’s Art and Cultural Affairs Law (“NYACAL”), by not displaying the total ticket cost and all fees on the initial ticket listing and selection page/screen.  Rather, the higher total ticket cost, that includes the addition of all ancillary fees (including but not limited to service fees and fulfillment fees), is only disclosed on subsequent pages on StubHub’ website that are accessible only after the consumer selects a specific available ticket for purchase on the initial page displaying the lower price.  In addition, the above conduct is deceptive, misleading and constitutes false advertising.  Such conduct violates New York Arts and Cultural Affairs Law, §25.01 et. seq, including §25.07(4); GBL §§ 349-350, and/or other laws and gives rise to claims for statutory damages.   Since August 22, 2022 Claimant has purchased tickets through StubHub to events in New York state where Claimant was subjected to these practices and is entitled to all available statutory damages for each ticket purchased.  The specific tickets purchased by Claimant to events in New York state are known to StubHub from records it possesses related to Claimant’s StubHub account. Claimant agrees to arbitrate their claim in AAA pursuant to StubHub’s User Agreement (version last updated June 2022) and found at www.stubhub.com.
	Please briefly describe the relief you would like from StubHub.
	On certain date(s) after August 22, 2022 Claimant purchased tickets through StubHub where Claimant was subjected to the above-described fee disclosure practices and is entitled to all available statutory damages for each ticket  purchased, all other available relief, as well as reasonable attorneys’ fees and costs. The specific tickets purchased by Claimant are known to StubHub from records it possesses related to Claimant’s StubHub account. Under New York Arts and Cultural Affairs Law §25.33, the consumer is entitled to $50 in statutory damages for each ticket purchased through Stubhub since August 22, 2022, injunctive relief plus attorney’s fees and costs. In addition, §§349 and 350 of the GBL guarantee minimum statutory damages of $50 per violation (for a violation of § 349) and $500 per violation (for a violation of § 350). Claimants therefore seek a total of $600 in statutory damages for each ticket purchased from Respondent for an event in New York state since August 22, 2022.

 

Last step!

Please review and sign the Legal Services Agreement and then click "Start My Claim." By signing this agreement you will be a client of Zimmerman Reed. This agreement governs our attorney-client relationship and explains how we are paid if we recover a settlement or award on your behalf. If you have any questions, please email us at clientservice@zimmreed.com.

Agreement for Legal Services

 

This Agreement for Legal Services (“Agreement”) contains the terms under which Zimmerman Reed LLP (“Attorneys”) will provide legal services to you {firstName} {lastName} (the “Client”). This Agreement describes the scope of legal services to be performed as well as Attorneys’ standard billing policies and practices. This Agreement will be applicable to your matter unless otherwise agreed in writing.

Scope of Services. Attorneys agree to provide you legal services in connection with the injury, loss and damage you assert to have suffered in conjunction with alleged legal violations, including but not limited to violations of New York Arts & Cultural Affairs Law, other and unlawful, unfair or deceptive practices, by StubHub, their affiliates, and/or other responsible persons/entities (collectively “Respondent or Defendant”), including but limited to the unlawful display, marketing and charging of event ticket prices and costs.

By agreeing to have The Attorneys represent you, you are agreeing to cooperate with The Attorneys by providing information in a timely fashion when required to do so, by making yourself available as may be necessary for the prosecution of your claim and to be fully and completely candid with your attorneys as to the facts and circumstances surrounding your injury/damage. Client also acknowledges that failure to communicate truthfully and promptly with Attorneys could jeopardize Client’s case or result in Attorneys having to terminate their representation.

Client Representations. By signing this Agreement, Client represents that:

1. they have purchased event tickets from Ticketmaster or Live Nation;
2. the purchase was between September 1, 2022 and the present;
3. the tickets were to events (sporting events, concerts, etc.) venued in New York state;
4. the first screen on the Ticketmaster or Live Nation website presenting available tickets to select for purchase did not disclose all ancillary fees;
5. Client desires Attorneys to move forward and file a claim in an appropriate arbitration venue seeking monetary compensation, including statutory damages, as well as other available relief.

The representations by Client in this paragraph are material terms of this Agreement.

Arbitration Proceeding against Defendant.  Client understands that Respondent’s website and Terms of Use direct claims against Respondent to proceed in arbitration before an appropriate arbitration forum rather than in a state or federal court. If an arbitration proceeding is filed, Attorneys will represent Client through arbitration hearings and procedures at the arbitration provider, including any final arbitration hearing or trialAdditionally, if determined to be appropriate, Client authorizes Attorneys to file claims seeking public injunctive relief on behalf of the general public who may be subject to Respondent’s similar conduct.

Client understands that their individual claim may be filed or presented at the same time of other individual claims of other clients’ of Attorneys, if similar in nature.  Despite their individual nature, client understands that their claims may proceed on a similar schedule as other individual claims of other clients’ of Attorneys, if similar in nature.

By signing this Agreement, Client authorizes Attorneys to file a claim on Client’s behalf and in Client’s name in an individual arbitration, if Attorneys think that it is in Client’s best interest to do so.  Attorneys may also do other things believed to be in Client’s best interest, including preparing and signing legal documents and pleadings, negotiating a settlement, or obtaining documents from the Respondent or third parties to evaluate and prosecute Client’s claim.  .  If possible to file the claim in court, opposed to the private arbitration forum, either as an individual claim or collective claim, attorneys will consider that strategy and exercise their discretion appropriately.  Further, if Attorneys determine that Client does not have a valid claim, Attorneys will so advise you and this Agreement shall terminate.

This Agreement does not cover representation on appeal, or in any bankruptcy or collection proceedings after judgment, or proceedings regarding renewal of a judgment. A separate written agreement for these services or services in any other matter not described above will be required. Attorneys are representing Client only in the matter described in this section.

Fees, Charges, and Expenses for Individual Representation.

You won’t owe Attorneys any fees unless Attorneys successfully collect a financial recovery for Client by payment of an award or settlement of Client’s claim.  Client will never owe Attorneys any sums out of pocket for fees or expenses.

Contingency/Fee-Shifting. In exchange for the services provided, Attorneys’ fee shall be equal to the larger of the following:

(1)        Forty percent (40%) of the total recovery for Client obtained from any Respondent or other responsible party/third-party, collected on a contingent basis and subject to a minimum fee equal to two (2) hours of Attorneys’ professional time at their regular, minimum billing rates for partners (currently $650 per hour) to cover necessary professional services provided for initial intake; case evaluation, analysis, and administration; and preparation of necessary initial documents including any complaint and/or demand for arbitration.  The minimum fee may be waived in Attorneys’ sole discretion.

OR

(2)        Any attorneys’ fee or costs obtained from or negotiated to be paid by Respondent or other responsible party/third-party, whether on an individual or aggregate basis, and/or through operation of applicable fee shifting statutes.

If no recovery, judgment, or settlement is obtained for Client in this case, Client shall owe no fee ($0.00) to Attorneys under either scenario (1) or (2) above.

The term “recovery” shall include the present value of any monetary payments agreed to be made or the fair market value of any property or services agreed to be transferred or rendered for the benefit of the Client. Attorneys will advance all costs as are reasonable to prosecute the lawsuit, including but not limited to, all discovery or court costs, the cost of investigation, records, copy costs, photocopies, long distance telephone calls, postage, travel expenses incurred in the prosecution of the action, and other necessary and incidental expenses. Attorneys may employ investigators and experts and the expenses of such employment shall be reimbursed as advanced costs. All advanced costs and expenses attributable to Client’s case shall be reimbursed to Attorneys from the recovery. If no recovery is obtained for Client in this case, Client shall owe no fee to Attorneys.

Allocation of Court Award for Statutory or Contract Fees and Costs. Client agrees that any award of fees and costs that may be awarded pursuant to contract or statute will belong exclusively to Attorneys. Client further agrees that, whether or not attorneys’ fees or costs are awarded by the arbitrator (or court)  in Client’s case, if there is a recovery other than an award of fees and costs pursuant to contract or statute, Client will remain responsible for the payment, in full, of the attorneys’ fees and costs in accordance with this Agreement. However, any payment of court-awarded fees and/or costs by a third party will be credited against the amount of fees and/or costs owed by Client under this Agreement.

Therefore, Client agrees that the attorneys’ fees and costs payable to Attorney pursuant to this Agreement shall be the greater of: (i) the amount otherwise owed to Attorneys under this Agreement if the award of attorneys’ fees and costs were disregarded; or (ii) the amount of the arbitrator (or court) ordered award of attorneys’ fees and costs. Current hourly rates of attorneys and support staff are available upon request.

Any recovery shall be distributed in the following manner and order:

1. To Attorneys, a fee in the amount of 40% and/or any fee awarded by the court or tribunal;
2. To Attorneys, a sum equal to all costs advanced plus a reasonable carrying charge if the litigation is protracted;
3. To the holder of any valid lien, a sum to satisfy the lien; and
4. To Client, the balance of the recovery.

Client agrees that any award of fees and costs that may be awarded as discovery or other sanctions shall not be considered part of Client's recovery and shall belong exclusively to Attorneys as additional compensation for extraordinary time and effort.

Attorneys and Client further agree that the fees agreed upon herein apply through settlement in advance of the final arbitration hearing / trial or before an appeal after the original trial. If the need should arise for an appeal either to be prosecuted or defended, then Client and Attorneys may enter into a separate agreement for such appellate work.

Hourly Billing Alternative. Client understands that by electing to represent you for a contingency fee, Attorneys are undertaking the financial risk of this difficult and uncertain litigation. In lieu of the contingency fee provided by this agreement, Client may elect to undertake the risk by agreeing to pay Attorneys their regular hourly rates on a monthly billing agreement. Any such election to convert to monthly billing must be made by Client within thirty (30) days after the execution of this Agreement and will require Client to sign a new hourly fee agreement with Attorneys. Absent the execution of such an Agreement, this contingency fee Agreement shall be effective.

Arbitration Filing Fees.  Attorneys may attempt to obtain necessary fee waivers or reductions from the arbitration provider in which any action is commenced and Client agrees to cooperate with Attorneys and provide relevant information.  To the extent that the availability of treble damages affects Client’s ability to obtain a fee waiver or reduction, Client instructs Attorneys to not seek treble damages.  Should Client wish to pursue such damages, Client agrees to advance the increased filing or other fees due to the arbitration provider.

Statutory Deadlines. Client’s legal claims must be brought within a limited time period set by law or Client’s legal right to recovery may be barred. To determine the statutory deadlines applicable to Client’s legal claim, Attorneys must acquire and evaluate certain information relevant to Client’s legal claims.  Client understands that Client needs to provide certain information to Attorneys before Attorneys can file a claim on Client’s behalf. And that any delays by Client could foreclose their claim. Client agrees to promptly respond to any request made by Attorneys, and Client understands that failing to promptly provide accurate and complete responses to Attorneys’ requests may impact Claimant’s claim. 

Settlement. If Attorneys receive a settlement overture in this matter, that overture will be transmitted to you promptly. Attorneys will not settle your individual claim without your prior approval.

Settlement Approval. Attorneys will not make any settlement or compromise of any nature of any of Client’s individual claims without Client’s prior approval. Client retains the absolute right to accept or reject any individual settlement.

Aggregate Settlement Disclosure. If Attorneys receive a settlement offer that contemplates an aggregate or group settlement, Client understands that Attorneys may represent multiple clients with similar claims and that the opposing party (Respondent) may offer to resolve the claims by making individual offers or offering to resolve the claims as a group. Client understands that in either scenario conflicts may arise, however, Attorneys will not favor one Client’s interests over another, and each client has the right to accept or not accept his/her individual settlement offer. Client further understands that some settlements may be conditioned upon a certain percentage of participants agreeing to resolve their claims through settlement. In the case of a group settlement, some clients may want to settle while others do not and if so, it may be necessary for the Attorneys to withdraw from representing certain clients if they reject the settlement.

Termination. As the Client, you may terminate Attorneys as your legal counsel at any time by written notice to Attorneys. Upon receipt of such a notice, Attorneys will cease all work on your behalf and will cooperate with you in finding appropriate counsel to substitute for Attorneys or in transferring your file to counsel of your choice. Attorneys may also withdraw as your legal counsel or suspend or limit its services to you, in compliance with applicable rules of professional responsibility. Those rules include provisions permitting withdrawal if a client makes the representation unreasonably difficult, requests conduct on the part of Attorneys which is unprofessional, or fails to fulfill an obligation to Attorneys, including communicating with Attorneys in an honest and prompt manner. However, such a withdrawal will only be done after providing Client with adequate notice and an opportunity to secure other counsel.

In the event of Attorneys’ discharge or withdrawal with justifiable cause, Client agrees that, upon payment of the settlement, arbitration award, or judgment in Client’s favor in this matter, Attorneys will be entitled to be paid by Client a reasonable fee for the legal services provided. Such fee will be determined by considering the following factors: (1) the amount of the fee in proportion to the value of the services performed; (2) the relative sophistication of the Attorneys and the Client; (3) the novelty and difficulty of the questions involved and the skill requisite to perform the legal service properly; (4) the likelihood, if apparent to the Client, that the acceptance of the particular employment will preclude other employment by the Attorneys; (5) the amount involved and the results obtained; (6) the time limitations imposed by the Client or by the circumstances; (7) the nature and length of the professional relationship with the Client; (8) the experience, reputation, and ability of the Attorneys; (9) the time and labor required; and (10) the informed consent of the Client to the fee.

Association of Other Counsel. Attorneys may seek to associate with other counsel as may be required for the professional and efficient prosecution of your claim. You consent to such association. If other counsel are associated, you will not be charged any more than is accounted for in this agreement. However, your consent to the association of other counsel on this matter and the fees, charges, and expenses set forth above will be applicable to other counsel.

Outcome. There is no way to predict the outcome of this matter and by agreeing to provide you with legal services, Attorneys do not, and cannot, guarantee a successful outcome to your dispute. Attorneys will at all times attempt to provide you with professional legal services and representation.

Communication. You are encouraged to communicate at any reasonable time about any concerns or questions concerning your matter directly to any attorney and paraprofessional familiar with your matter.

Governing Law and Rules. This Agreement will be interpreted under the laws and rules which govern attorney-client relationships set forth in the applicable rules of professional responsibility, opinions, and case law interpreting those rules.

Negotiability of Legal Fees. Client understands that the rates set forth above are not set by law but are negotiable between Attorney and Client.

Return of Client File. Client may have access to Client’s case file at Attorneys’ office at any reasonable time. At the end of the engagement, Client may request the return of their case file. If Client has not requested the return of their file, and to the extent Attorneys have not otherwise delivered it or disposed of it consistent with Client’s directions, Attorneys will retain the case file for a period of two years. After those two years, Attorneys are authorized by this Agreement to have the case file destroyed. If Client would like Attorneys to maintain Client’s case file for more than two years after the conclusion of Attorneys’ services for Client on a given matter, a separate written request should be made to Attorneys.

Disclaimer of Guarantee and Estimates. Nothing in this Agreement and nothing in Attorneys’ statements to Client will be construed as a promise or guarantee about the outcome of the matter. Attorneys make no such promises or guarantees. Attorneys’ comments about the outcome of the matter are expressions of opinion only, are neither promises nor guarantees, and will not be construed as promises or guarantees.

Insurance. Pursuant to California Rule of Professional Conduct 3-410, Attorneys are informing you in writing that Attorneys have professional liability insurance.

No Tax Advice. Attorneys have not been retained to provide Client with any tax advice concerning any of the services discussed above. Any documents prepared by Attorneys may have specific tax ramifications. To assure that Client understands and is certain of all the potential tax consequences, Client should consult with tax advisors regarding these matters.

Entire Agreement. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

Receipt of Proceeds. All proceeds of Client’s case will be deposited into Attorneys’ trust account for disbursement in accordance with the provisions of this Agreement.

Responsibility for and Allocation of Sanctions. Client understands that if Client’s case proceeds to court action or arbitration, the court may award attorneys’ fees as well as some or all of the type of costs to the other party or parties. Payment of such attorneys’ fees and costs shall be the sole responsibility of Client. Similarly, other parties may be required to pay some, or all of the fees and costs incurred by the Client. Client acknowledges that any such determination does not in and of itself affect the amount of the fees and costs to be paid by Client to Attorneys pursuant to this Agreement.

Related Actions. Attorneys may determine to join your action with the actions of individuals who have suffered a similar injury to the extent permitted by law. By entering into this Agreement, you agree that such joinder presents no conflict with the representation of you as an individual and the fees, charges and expenses for individual representation set forth above shall apply.

Attorneys may also be required by the applicable rules of professional conduct to share material information about your claims with clients with similar claims and therefore, Client may lose some measure of confidentiality. Attorneys will avoid these issues if practical and if any conflict of interest affecting Client does arise, Attorneys will inform Client promptly and work on how best to proceed in accordance with the applicable rules of professional conduct.

Express Consent to Send Text Messages and Automated Calls. By executing this Agreement, Client provides Attorneys and Attorneys’ designees, agents, and/or other associated third parties with Client’s express written consent to send text messages to the telephone number(s) provided to Attorneys or Attorneys’ designees, agents, or associated third parties during representation. You certify and represent that you are the subscriber and/or account holder of those telephone numbers and have authority to provide such consent. By executing this Agreement, Client also authorizes Attorneys, their agents, designees, and/or associated third parties, to deliver, or cause to be delivered to you, telemarketing calls and messages using an automatic telephone dialing system or an artificial or prerecorded voice. Please note that you may incur charges to your telephone account(s) for the receipt of such text messages and/or automated calls. Consent is not a condition for legal representation and services. If you do not wish to receive text messages or automated calls from Attorneys, their agents, designees, and/or associated third parties, please let us know in writing at any time in the future.

Consumer Disclosure for Electronic Delivery. In compliance with the U.S. Electronic Signatures in Global and National Commerce Act, known as the E-Sign Act, Attorneys are providing you with the following information regarding your decision to receive information in electronic form.

Electronic Delivery. In conjunction with this document signature request and future document signature requests, Attorneys will send you document notifications, records, notices, disclosures, acknowledgements, and other communications in electronic form and not printed on paper unless you expressly request otherwise from us.

Providing or Withdrawing Consent for Electronic Delivery. You have the right to decline consent to receiving documents and records in electronic format. You may decline to receive this document by abandoning this website session and not using this system, and you may decline to receive future documents and records electronically from the document sender by emailing them with your request. If you sign this document, you are providing affirmative consent for the use of electronic records for this particular transaction only and demonstrating that you can access information in the electronic form that will be used to provide the information that is the subject of this consent.

No Other Lawyers. Client represents to Attorneys that Client has not signed an agreement with any other lawyers to pursue claims against any Defendant.  To the extent any other agreements were signed, by signing this Agreement, Client terminates any prior agreements and permits Attorneys to contact and communicate with any other law firm(s) about all issues related to Client’s claims against any Defendant.

Changing Your Contact Information. To change the email address where you would like to receive electronic communications, please send an email to Zimmerman Reed (clientservice@zimmreed.com), containing both your old and new email address.  Client agrees to provide any updated contact information to Attorneys within two weeks of any change.

By submitting this form, you agree to receive recurring text messages that may be sent by an autodialer. Consent is not a condition of purchasing goods or services. By submitting this form, you are representing that you are not associated with, connected to, or working in any way with the defense of this case, including the law firm and members representing the defense.