visiting a website without buying through it binds user to arbitration for offline purchase, court finds

Himber v. Live Nation Worldwide, Inc., 2018 WL 2304770, No. 16-CV-5001(JS) (E.D.N.Y. May 21, 2018)In this decision, the court compels arbitration because the plaintiff had (1) previously purchased tickets from Live Nation’s website and, perhaps more surprisingly, independently because he had (2) visited the website, though not purchased tickets, to find the ticket prices for the relevant transaction.  Himber saw that the tickets he wanted were $49.50 each, but that there was a $15.25 online-service fee added to the price of each ticket. He decided to go to the box office, which was 20 minutes away, to buy the tickets and avoid the fee. But at the box office was charged an additional $6 per ticket, a charge that was not disclosed on the website. Given that it is impossible to avoid the $6 charge at the box office, he argued that the true price of a ticket was $55.50, and that Live Nation’s advertising was deceptive under GBL §§ 349 and 350. The court…

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