Ticketmaster’s attempt to game arbitration services fails

Ticketmaster’s Terms and Contract Validity

• Many see “we can change terms without notice and retroactively” as meaning there is no real contract at all.
• Courts in the case reportedly labeled such terms “unconscionable,” aligning with that intuition.
• Some want systemic punishment: unwind affected contracts, issue mass refunds, or at least penalize knowingly including unenforceable clauses.
• Others note severability lets big companies stuff in invalid terms with little downside.

Forced Arbitration and Consumer Rights

• Widespread view: arbitration clauses are used to bully consumers, block class actions, and hide systemic misconduct behind NDAs and private processes.
• One commenter recounts a highly unfair arbitration where the other side lied, provided no evidence, and still won, with no chance for rebuttal.
• Some insist they will not agree to arbitration; others point out almost every modern service (including “free” ones) now requires it.

Arbitrator Selection and Structural Bias

• Core complaint: companies effectively choose the arbitrator or arbitration provider, undermining neutrality.
• Suggestions:
  • Mutual or random selection of arbitrators, or government assignment (similar to judges or juries).
  • Banning company-picked providers for consumer contracts.
• Concern that arbitrators, whose business depends on repeat corporate clients, have incentives to favor them.

Legal Background: FAA, Courts, and Congress

• Debate over whether Congress or the Supreme Court is primarily responsible for expanding arbitration into consumer and employment contexts.
• Some argue the original Federal Arbitration Act was meant for commercial disputes between merchants, not consumers or workers, and that later court decisions misapplied it.
• Others note Congress could clarify or reverse these interpretations but has failed due to gridlock.

Access to Justice, Costs, and Small Claims

• Arbitration is defended by some as cheaper than litigation, potentially easing overloaded courts.
• Critics reply that:
  • Discovery is weaker or discretionary.
  • Corporate lawyers dominate the process.
  • Upfront arbitration fees can make small claims practically impossible.
• Small claims courts are cited as a fairer, low-cost venue, but often contractually waived.

Antitrust and Ticketmaster’s Market Power

• Ticketmaster is seen as a de facto monopoly: for many events there is no realistic alternative, undermining the “just don’t use it” argument.
• Some mention lack of box-office options and venue ownership as reinforcing this power.
• Several commenters see Ticketmaster’s behavior as emblematic of broader antitrust failure.

Reform Ideas and Workarounds

• Proposed reforms include:
  • Outlaw or tightly regulate forced arbitration in consumer and employment contracts.
  • Require neutral provider selection, guaranteed discovery, capped consumer fees, and access to small claims.
  • Limit or reinterpret “contracts of adhesion” where consumers have no real bargaining power.
• A few joke about “counter-EULAs” (e.g., custom email addresses or local licenses) but acknowledge these likely have no legal effect.