Judge Partly Dismisses Taylor Swift Ticket Lawsuit But Lets Antitrust Claims Proceed

Case Overview: A federal judge dismissed fraud and negligence claims in the Taylor Swift ticket lawsuit but allowed key antitrust allegations to proceed.

Consumers Affected: Taylor Swift fans who bought or tried to buy tickets for the Eras Tour through Ticketmaster.

Court: U.S. District Court for the Central District of California

A federal judge has partially dismissed a lawsuit brought by Taylor Swift fans against Ticketmaster and its parent company, Live Nation, but the companies are far from off the hook. In a new ruling, a California judge threw out several fraud-related claims tied to the chaotic Eras Tour ticket rollout while allowing the central antitrust allegations to proceed.

The case, brought by hundreds of Swift fans, accuses the ticketing giants of monopolizing the concert ticket market and driving up prices by forcing fans to buy and resell tickets on Ticketmaster’s platform.

Fans Say Ticketmaster’s Market Power Inflated Prices

Back to 2022 fans sued after the Eras Tour presale meltdown left many unable to buy tickets at face value. The plaintiffs, now totaling 364, allege that Live Nation and Ticketmaster used exclusive contracts with major venues to lock artists and fans into their system.

According to the complaint, fans had no meaningful choice but to use Ticketmaster, which allegedly allowed the companies to inflate prices across presale, primary sales, and resale markets. The structure reduced competition, limited consumer choice, and forced fans to pay more than they otherwise would in a fair marketplace, the argue.

Fans are heavily drawing from allegations raised by the U.S. Department of Justice in its own antitrust case against Live Nation, pointing to exclusive venue agreements as a key tool used to maintain control over live entertainment ticketing.

Fraud And Negligence Claims Fall Short Under California Law

Live Nation and Ticketmaster asked the court to dismiss the case in full, arguing the fans failed to properly plead claims for negligence, fraud, and misrepresentation. They also sought to knock out the antitrust allegations at the center of the lawsuit.

The companies argued that the fans’ claims stemmed from contractual relationships and did not meet the legal standards required to pursue tort-based allegations like fraud. 

U.S. District Judge George H. Wu partially agreed dismissing the negligence, fraud, and negligent misrepresentation claims, ruling the plaintiffs failed to meet California’s legal standards and did not clearly identify misleading statements or promises.

However, Wu declined to dismiss the antitrust and unfair competition claims, allowing allegations under federal and state antitrust laws to move forward. He also preserved a narrow breach-of-contract claim, giving plaintiffs one last chance to amend and specify which contract terms were allegedly violated.

Ticketing Industry Faces Intensifying Legal Pressure

The Swift case is just one front in a broader legal reckoning for ticket sellers. Live Nation and Ticketmaster are also facing lawsuits from regulators and consumers accusing them of enabling scalping, inflating resale prices, and profiting from excessive fees.

A federal appeals court recently refused to block a separate class action over arbitration clauses seen as unfair to ticket buyers.

Elsewhere, SeatGeek is being sued in Florida over allegations it overcharged customers for resale tickets beyond legal limits.

As frustration with ticket buying continues to mount, courts and regulators are increasingly stepping in, and fans are watching closely to see whether the system changes.

Case Details

• Lawsuit: Barfuss, et al. v. Live Nation Entertainment Inc., et al.
• Case Number: 2:23-cv-01114
• Court: U.S. District Court for the Central District of California

Plaintiffs' Attorney:

• John M. Genga (Genga & Associates P.C.)
• Jennifer A. Kinder (Kinder Law PLLC.)

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