HOUSTON — Today, the 14th Court of Appeals affirmed the denial of StubHub’s motion to compel arbitration in a suit claiming the company sold two sets of identical tickets to a Broadway show.
Court records show Wesley Ball filed a complaint May 4, 2022, in Harris County District Court against StubHub, alleging violation of the Texas Deceptive Trade Practices Act and breach of express and implied warranties.
In his original complaint, Ball alleges that on Sept. 30, 2021, he purchased two tickets for the musical Waitress through Stubhub for a showing at The Barrymore Theatre on West 47th Street in New York City on Oct. 2, 2021.
He claims the tickets were purchased for his minor daughter and that they had planned the trip to New York City around the show and had purchased plane tickets, hotel rooms and incurred other expenses.
Ball alleges that when they arrived at the theater, they discovered that their second row seats were already occupied by a customer holding identical tickets who also purchased them from Stubhub.
Court records show StubHub filed a motion to compel arbitration, asserting that its user agreement contained an arbitration provision, which applied to Ball’s claims.
The trial court denied the motion and StubHub appealed.
The 14th Court had to determine whether StubHub conclusively established that Ball, a user of StubHub’s online ticket marketplace, assented to its online user arbitration agreement.
Justices concluded that StubHub’s evidence falls short of the quantum required to prove the existence of a valid arbitration agreement; and therefore, the trial court did not err in denying its motion.
“In sum, as the record stands today, we conclude that the trial court did not err in denying StubHub’s motion to compel arbitration,” the opinion states. “Accordingly, we overrule StubHub’s sole appellate issue. We affirm the trial court’s order denying StubHub’s motion to compel arbitration.”
Case No. 14-22-00844-CV