Madonna is facing a class action lawsuit filed by two fans after her December concerts in New York City’s Barclays Center began “over two hours” later than scheduled.
On Wednesday (January 17), two ticket buyers, Michael Fellows and Jonathan Hadden filed a complaint alleging that the singer had breached her contract with attendees and violated New York state laws by beginning her concert on December 13 at 10:30PM rather than the stipulated 8:30PM timing.
In the introduction of the lawsuit, which was first shared by Billboard, Fellows’ and Hadden’s attorneys wrote that “defendants’ actions constitute not just a breach of their contracts with Plaintiffs and Class Members, but also a wanton exercise in false advertising, negligent representation, and unfair and deceptive trade practices.” The full document can be read here.
Extending the accusations to Madonna’s concerts at the same venue on December 14 and 16 – which allegedly also began “over two hours late” – the attorneys claim that the concerts’ stipulated 8:30PM start time as represented on the tickets was “material to Plaintiffs’ agreement to purchase the tickets”, and that Madonna’s failure to satisfy the expectations of an 8:30PM start time caused legal damage to concertgoers who “had to get up early to go to work and/or take care of their family responsibilities the next day”.
In addition, the attorneys claimed that the concerts’ 1AM conclusion resulted in ticket holders being faced with “limited public transportation, limited ride-sharing, and/or increased public and private transportation costs”, adding that a number were left “stranded in the middle of the night”.
On the violation of New York state laws, the attorneys invoked the state’s General Business Law 149, which states that “Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful”. The document claims that the misrepresentation of the concerts’ 8:30PM start time, alongside the failure to “provide notice to Plaintiffs and all Class Members that the concert would not start at 8:30PM” or provide them “the option of receiving a refund” constituted the violation of this law.
Notably, the complaint not only names Madonna, but also Live Nation, MTours and the venue, Barclays Center as defendants. Reps for these parties have yet to comment on the lawsuit and allegations. While the complaint states that “Plaintiffs and the Class Members should be compensated for their damages”, it does not disclose the specific damages that Fellows and Hadden are seeking.
Recently, Madonna apologised to fans during the Toronto date of her ongoing ‘Celebration’ tour – which her shows at Barclays Center were also part of – after she mistakenly greeted her audience by saying: “Are you ready, Boston?” Later in the show, she added: “Are you guys mad at me cuz I said ‘Hello, Boston’? I’m sorry. What kind of fucked up shit is that? That would be like if you guys were saying, ‘Hey, Lady Gaga’s playing tonight!’”