Ticketmaster’s attorney countered that since Hansen was a repeat user of Ticketmaster, he’d already agreed to the company’s terms of use on many occasions. The agreement to Ticketmaster’s terms of use and an agreement to arbitrate any disputes were part of the contract when Hansen originally created his Ticketmaster account and again when he bought the Rage Against the Machine tickets.
Chen held that although companies could use clearer instructions to inform customers that they agree to the terms of use by signing into their website, Ticketmaster and Live Nation had provided reasonable notice to a reasonable consumer.
The judge ordered the parties to arbitrate the dispute and stayed the matter.
The case is Derek Hansen v. Ticketmaster Entertainment Inc. et al., case number 3:20-cv-02685, in the U.S. District Court for the Northern District of California.
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