Cubs ticket lawsuit would have class-action status

May 14, 2003

BY GREG COUCH Staff Reporter Advertisement

In a significant setback for the Cubs and their controversial ticket-selling policy, a Cook County Circuit Court judge ruled Tuesday that a lawsuit in the case would have class-action status.

That means the case is no longer about two fans who felt the Cubs had scalped tickets to them or committed consumer fraud, but instead could include anyone who has bought tickets from Wrigley Field Premium Tickets, Inc., a brokerage firm set up by the Cubs.

Judge Sophia Hall ruled that the following legal questions potentially involve more than just Peter Cavoto and Gerald Carr, who filed the suit: Whether the Cubs had scalped tickets, whether Premium was a qualified broker, whether the Cubs were involved in Premium's business practices and whether people who had bought tickets at Premium suffered financial damage.

James Klenk, an attorney representing the Cubs, said he didn't think the case called for class-action status because "there was such a small number of tickets involved and different interests.''

He believes the case doesn't affect many average fans and that other ticket brokers bought many of the tickets involved. He didn't know how many were bought by brokers.

The case revolves around the Illinois Ticket Scalping Act, which prohibits people who are putting on sporting events or entertainment acts from selling tickets above face value. Premium Tickets, Inc. does sell tickets above face value, as high as $1,500 on a $45 ticket to a Cubs-Yankees game in June.

The Cubs argue that they are not the ones selling tickets at that price, but that Premium is. And they have set up Premium as a separate company to compete with other ticket brokers.

The class action could include anyone who has bought tickets at Premium since it opened last June and anyone who is still buying tickets there. Last year, Premium sold 3,940 tickets, and this year's numbers have not been released.

But if the Cubs lose this case, then anyone who bought a ticket at Premium for less than $100 could be in line for $100 under scalping laws. Anyone who bought a ticket at Premium for more than $100 could get the difference between what they paid and face value under consumer fraud laws.

The trial date, not set yet, is expected to be in July, after Paul Bauch, attorney for the plaintiffs, has a chance to notify everyone who has bought tickets at Premium of the class action.

http://www.suntimes.com