Madonna is facing a federal class-action lawsuit for allegedly starting three New York concerts later than scheduled, a delay that her accusers say caused actual legal harm to ticket buyers who “had to get up early to go to work” the next day day.
In a complaint filed Wednesday (Jan. 17) in federal court in Brooklyn, ticket buyers Michael Fellows and Jonathan Hadden claim Material Girl breached its contract with audiences and violated New York state laws by opening three December shows after 10:30 and not the scheduled 8:30.
“Defendants' actions constitute not only a breach of their contracts … but also an unconscionable exercise of false advertising, negligent misrepresentation, and unfair and deceptive trade practices,” lawyers for the two men wrote.
The three concerts at Brooklyn's Barclays Center, stops on Madonna's Celebration tour, were originally scheduled for July but were rescheduled for December due to the singer's illness. Fellows and Hadden say they expected their show (Dec. 13) to start on time and “wouldn't have paid for their tickets if they'd known the shows would start after 10:30 p.m.”
“Defendants failed to notify ticket holders that the concerts would begin much later than the start time shown on the ticket and as advertised,” the two men's lawyers wrote.
Leaving the Barclays Center after 1am, the two men say ticket buyers were “stranded in the middle of the night”, some “faced limited public transport options” and others with increased fares for public transport of use. They also point out that the concert took place “on a weeknight,” meaning they “had to get up early to go to work and/or attend to family responsibilities the next day.”
In addition to Madonna herself, the lawsuit also names Live Nation and Barclays Center as defendants. Technically, the complaint alleges a breach of contract. violation of New York's business practices and false advertising laws; and many other forms of wrongdoing, including unjust enrichment.
The suit also includes a claim of so-called negligent misrepresentation, saying concert organizers “knew or should have known” that concerts would not start at 8:30 because of alleged past instances where Madonna was late on stage — and they should have warned fans.
“Madonna has a long history of arriving and starting concerts late, sometimes by several hours,” attorneys for Fellows and Hadden wrote. “This story took place during the 2016 Rebel Heart tour, the 2019-2020 Madame X tour, and previous tours where Madonna consistently started her concerts two hours late.”
Representatives for Madonna and Live Nation did not immediately return requests for comment.
Read the full lawsuit against Madonna here:
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