Ludus Tours/Red Carpet Entertainment

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Nov 17, 2015
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#81
Yes, he sent a refund of face value plus 20%, but that didn't come close to making me whole for what he promised. You need to remember that I WON the option and had the right to buy face value tickets to the super bowl. Its not my fault that the market moved against him and those tickets became worth $8,000 a piece. In any law suit, he gets sued for the market value of what he failed to deliver plus my lost travel expenses. So its above small claims court limits. In addition, I really want to sue TeamTix as that is the "legitimate" outfit that I thought I was buying my options from. It was only fine print that Ludus and Brian Peters was even involved as they licensed the software from TeamTix.
 
Jan 8, 2015
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#82
Very interesting. Well our thread starter can probably point you in a direction you need to go in to start your process. he had posted a TON of info this spring and early summer, but unfortunately we lost much of it in a server issue. I'm sure he would be more than happy to pass along the info and see Brian go down with the ship.
 
Likes: Neil Maley
Feb 5, 2015
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#83
How in the world have I not seen these updates? I guess I unsubscribed to my alerts?

Lawyers are now involved. I must leave it at that for now. This is almost done, though. Will update you as soon as I am able to.
 
Likes: VoR61

Grant Ritchie

Dependable adequacy :-)
Oct 1, 2014
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#88
Unbelievable! Did you ever take these people to court? How bout the State's Attorney Generals Office?
Ha!

Efren could write a book about taking people like this to court. He's my hero for the tenacity he's shown. Actually, Efren, now that I think about it, you should consider writing something. Maybe an article? I know a guy in the consumer advocacy business. :p
 

JVillegirl541

Verified Member
Nov 21, 2014
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#89
Ha!

Efren could write a book about taking people like this to court. He's my hero for the tenacity he's shown. Actually, Efren, now that I think about it, you should consider writing something. Maybe an article? I know a guy in the consumer advocacy business. :p
Looking forward to Chris Elliott. Smearing this across The Wall Street Journal, USA Today and many other publications.... Sure hope we see it This Sunday :)
 
Feb 5, 2015
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#91
Hi all!

I filed my lawsuit under The Arizona Consumer Fraud Statute. My lawyer is amazing. Could not have found a better one. Here is my argument:

CLAIM ONE: FRAUD AND FRAUD IN THE INDUCEMENT

“Defendants” (1) made representations via their advertisements and website(s) whereby they guaranteed they had Super Bowl tickets for purchase at face value, when in fact (2) they never had the tickets in hand for all the Super Bowl rights they sold nor the means to acquire them, (3) the guarantee of the Super Bowl tickets was material to my decision to purchase the product they sold because if there was no guarantee of availability I never would have purchased the product, (4) Defendants knowingly took my money despite knowing the falsity of their guarantee, (5) Defendants intended that I be induced to rely on their guarantee and that it was reasonable for me to do so, (6) I had no idea that the Defendants’ guarantee was not valid and that they did not actual have the tickets or the means to get them, (7) I relied on the truth of the guarantee to make my purchase from Defendants, (8) I had a right to rely on the truth of Defendants’ representations because they held themselves out as a reputable company and I knew of no information that contradicted this.


CLAIM TWO: ARIZONA CONSUMER FRAUD ACT: A.R.S. Sect. 44.1521, -1522(a), et seq.

Defendants used a deceptive or unfair act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact with intent that others rely on such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise whether or not any person has in fact been misled, deceived or damaged thereby, which is an unlawful practice under A.R.S. § 44-1522(A). The term "merchandise" in section 44-1522(A) includes "services." See Maurer v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 294, 297, 890 P.2d 69, 72 (1994). A private right of action exists for damages caused by a violation of A.R.S. § 44-1522(A). See id.

Defendants guaranteed Super Bowl tickets, knowing that they did not have them or the means to obtain then, and did so through deceptive advertisements in connection with the sale of products. This is an unlawful practice under Arizona law.



CLAIM THREE: BREACH OF CONTRACT

I have a valid contract with Defendants, and the Terms and Conditions constitute a contract. Defendants’ Terms and Conditions of services provide that if they cancel the program at any time, they will refund my purchase price. Specific paragraph under Ludus Tours Terms and Conditions Paragraph “Cancellation by LUDUS” states “Ludus Group reserves the right to cancel any package or extension in this program, in which case all monies received by Ludus from program participants shall be refunded in full within 30 days.” Defendants cancelled the program and admitted it with two separate emails: One stating their supplier was not going to come through and another the day before the Super Bowl stating “I do not believe sufficient seats will ever become available.” They refunded others, but not me.


CLAIM FOUR: BREACH OF THE DUTY OF GOOD FAITH AND FAIR DEALING:

We have a contract set forth by the Defendant’s Terms and Conditions. Every contract imports the duty of good faith and fair dealing. Even if the Defendants’ cancellation of the program due to their failure to procure tickets was not an express breach of the contract, their failure to refund my purchase while at the same time refunding the purchases of others results in a breach of the duty of good faith and fair dealing. I reasonably expected that if Defendants cancelled the program and refunded money to others, that they should refund money to me as well. The denial of a refund is a breach of the duty of good faith and fair dealing.
-----------------------------------
What do I hope comes out of this? In a perfect world, making it illegal to sell tickets that you neither have, own, or possess. A company/person can sell something they EXPECT to receive and if they don't, simply say "Oops. Sorry. Here's your money back."? The ancillary effects can be devastating, especially for an event like this. To have this happen before you attend your local baseball game is inexcusable, but to have it happen at the Super Bowl is absolutely beyond comprehension.

VividSeats was one of the companies that did not come through last year. I contacted their customer service department to ask if their tickets were guaranteed at more than 100% after they were part of the fiasco last year. As Jessica mentions in the article, the National Association of Ticket Brokers offers a 200% guarantee on tickets. I asked VividSeats if they would honor that. Their response was "We have taken precautions to assure what happened last year does not happen again. We guarantee it." Guarantee. That word doesn't help anymore, especially when the guarantee is only 100%. You would think if these brokers were that confident they would offer a 200-300% guarantee. I guess they aren't.

The fight continues as I domesticate the judgment in Texas (default judgment was issued in AZ). Playing a little tug-o-war with the case, but I will keep you updated. But yes, he is currently selling a Super Bowl fan package on his site that starts around $6000.

I started this with a simple "Do I have an argument" in the forum almost a year ago. This has never been about the money. This has been about warning people who are about to put down a ton of money for the biggest event of the year. After what happened last year, people should be aware of what could happen. None of this, absolutely none of this, not the article, not the lawsuit, not the disputes; None of it would have happened without this forum.

I have contacted both Super Bowl cities' newspapers along with those in San Francisco and San Jose. A follow-up piece will be happening in a big city newspaper soon, and I will keep you updated on all that.

From me to you: Thank you.
 
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Nov 17, 2015
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#92
Efrenbojorquez,

Couple of questions:
1) Just curious as to why you filed it in Arizona? Is it because you are from Arizona, or just because the game was in Arizona? I am from New York, so debating filing in NY or Texas. Hadn't thought about Arizona.
2) Are you also suing "TeamTix"? That's the Company in Illinois that I "thought" I was buying the options from. I never heard of Ludus until late in the game.
The fact that he is selling tickets AGAIN this year has gotten my blood pumping.

Thanks!
 
Likes: jsn55
Feb 5, 2015
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#93
Per my lawsuit regarding jurisdiction:

I am a member of Maricopa County, Arizona, and Defendants advertised the sale of products to me in my area. Super Bowl XLIX took place in Glendale, AZ, so Defendants should reasonably anticipate that Arizona residents would purchase their product and it's reasonable and appropriate for jurisdiction to be here.

I am not suing TeamTix. I had more than enough supporting documentation to sue Ludus Tours and possibly some subsidiaries. Haven't decided to go down that road...yet.

I am expecting a front page story in a major newspaper within the next few days. Top 15 in the country. Will post it as soon as it's up.
 
Likes: jsn55
Feb 5, 2015
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#98
I am filled with gratitude for this site and you.

NONE OF THIS would have happened without you and the staff I can't even tell you how I came upon this site thirteen months ago, yet I read it every day. I just truly cannot say enough. Soooooo grateful.

Now, to get the law changed. Because apparently selling a ticket you don't own is still legal in this country...

THANK YOU!!!!
 
Likes: AAGK
Jan 8, 2015
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#99
I am filled with gratitude for this site and you.

NONE OF THIS would have happened without you and the staff I can't even tell you how I came upon this site thirteen months ago, yet I read it every day. I just truly cannot say enough. Soooooo grateful.

Now, to get the law changed. Because apparently selling a ticket you don't own is still legal in this country...

THANK YOU!!!!
Just wondering if you have indeed gotten paid for your judgement?
 
Likes: AAGK
Aug 28, 2015
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Just wondering if you have indeed gotten paid for your judgement?
I am filled with gratitude for this site and you.

NONE OF THIS would have happened without you and the staff I can't even tell you how I came upon this site thirteen months ago, yet I read it every day. I just truly cannot say enough. Soooooo grateful.

Now, to get the law changed. Because apparently selling a ticket you don't own is still legal in this country...

THANK YOU!!!!
@Efrenbojorquez Thank you for your updates!! I read about this company somewhere recently, possibly declaring bankruptcy. I could be wrong. Have you heard anything about that?