Read the complaint
The Commonwealth of Pennsylvania, by Monroe County District Attorney Michael Mancuso, has filed a lawsuit against Vivid Seats, Inc.. (Vivid Seats), accusing the company of violating the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL). This Complaint is the second major consumer protection suit filed by the DA’s office this year against an online ticket seller, having filed a Complaint against StubHub in March. This lawsuit is brought by the DA’s new Consumer Protection Division, spearheaded by Special Assistant District Attorney Patrick Best. This lawsuit aims to end Vivid Seats’s use of the unfair and deceptive practice of charging hidden “junk fees” to consumers purchasing tickets on its website and mobile application and to recover the fees charged to consumers.
Complaint Overview
Vivid Seats, an online marketplace where consumers can buy and sell tickets for a variety of live entertainment events, has allegedly used bait-and-switch practices and digital “dark patterns” to mislead consumers. These practices trick or manipulate consumers into making choices they would not otherwise make, obscuring the true price of tickets. This is an unfair method of competition, as it prevents consumers from making informed decisions and engaging in comparison shopping. Vivid Seats sells tickets for Monroe County venues such as the Pocono Raceway and Sherman Theater.
The complaint highlights three main deceptive practices used by Vivid Seats: drip pricing, fee misrepresentation, and misdirection and concealment of the total price. These deceptive practices affect consumers throughout Pennsylvania who attend sporting, cultural, and other events by adding fees that increase the advertised price of the ticket by as much as 80%. This violates the law’s prohibition against the use of unfair and deceptive trade practices in any trade or commerce.
The Commonwealth seeks injunctive relief to remedy Vivid Seats’s violations, as well as restitution, statutory penalties, and attorney’s fees.
“The Monroe County District Attorney’s Office is committed to protecting consumers and ensuring transparency in the marketplace. When companies like Vivid Seats hide the true cost of tickets, they take advantage of hardworking people in our community. We will not stand by while deceptive practices go unchecked—we’re taking action to hold Vivid Seats accountable and defend the rights of Monroe County residents,” said Special Assistant District Attorney Patrick Best.
DA Mancuso added, “I am proud of the work Patrick Best is doing to protect Monroe County residents from fraud schemes like this. The Consumer Protection Division is really one-of-a-kind in the Commonwealth. We’re happy to be able to provide this service to the community.”
The Monroe County’s Office of the District Attorney is aided by attorneys of the consumer rights law firm Tycko & Zavareei LLP. TZ is also assisting the DA’s Office with its case against StubHub.
The case is Commonwealth of Pennsylvania, By Monroe County District Attorney Michael Mancuso v. Vivid Seats, Inc.. No. 3090-CV-2025, in the Court of Common Pleas, Monroe County, Pennsylvania Forty Third Judicial District.