“In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases.”
Ticketmaster changed its terms on July 2, 2021 and declared that anyone who merely browsed the site had agreed. It applied the change to past purchases and picked a provider with defense-friendly mass arbitration rules. The Ninth Circuit called it procedurally and substantively unconscionable. Ticketmaster wrote the clause to keep customers out of court and handed a court the case.