A federal district court in New York has dismissed a lawsuit by Universal Attractions ("UA") which alleged that Ticketmaster falsely advertised UA's "I Love the 90s" show by only advertising the higher-priced VIP tickets during the pre-sale period. UA had argued that Ticketmaster deceived the public by leading them to believe that no lower-priced tickets were available for the show.
The court held, however, that UA failed to sufficiently allege that Ticketmaster had made a false or implicitly false claim, since Ticketmaster had accurately promoted the price of the VIP tickets.
The court also held that failing to inform consumers that there were lower-priced tickets available was not false advertising. The court wrote, "the lack (or presence) of tickets at lower prices than the VIP tickets on Ticketmaster's website during presales has no bearing whatsoever on the veracity of the VIP ticket prices themselves, which . . . Ticketmaster advertised correctly."
the mere fact that Ticketmaster disclosed some ticket prices during presales, but not others, does not constitute false advertising