18 December 2006 | 05:58PM EST
Today an important Federal Court decision was handed down that a condition of sale for Big Day Out tickets is misleading and deceptive. eBay undertook action against the Big Day Out promoters in the interests of consumers who have been confused by claims that their tickets will be cancelled if resold for profit. This provides much-needed clarity to consumers.
The Court has found that the condition in question conveys a false representation that all tickets resold for profit will be cancelled. By claiming the condition is enforceable, the Big Day Out promoter has engaged in misleading and deceptive conduct toward members of the public.
Today’s judgment raises concerns about the implementation of ticket terms and conditions, which will need close inspection by the industry. In particular, promoters need to improve primary distribution and get tickets into the hands of genuine fans, rather than attempting to shut the gate after the horse has bolted.
Regards,
The eBay Team
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