According to Brent Schrotenboer of the San Diego Tribune, Chargers season ticket holder has filed a class-action suit against the team in San Diego County Superior Court, accusing it of unjust enrichment for not automatically giving refunds to those who bought tickets to a second playoff game that was never played. Last season, Charger fans who were willing to buy 2007 season tickets were given the option of purchasing tickets for January 2007 playofff tickets.
The class-action suit states that as part of the sale, they were required to purchase tickets for both prospective playoff games. However, after the Chargers were eliminated in the first round of the playoffs, the team kept the funds for the second game. The plaintiff in this lawsuit, Kells Christian, was apparently informed by the team that he would receive a refund provided he put it in writing and also provided a copy of his current state drivers license. In addition, the Chargers informed Mr. Christian that they intended to keep the funds for any “future transaction” by those who purchased tickets for a second playoff game.
The suit also stated that the terms were not agreed upon or disclosed and that fans were entitled to a complete refund. It says that Mr.Christian’s statement for 2007 did not show that credit was due. The Chargers, in response to the lawsuit, said that “Mr. Christian’s story is that he called the Chargers and asked us for a refund. He states that we asked him to put the request in writing along with a copy of his driver’s license. Rather than comply with that reasonable request, he chose to file a lawsuit.” The suit requests a refund (plus interest), and class-action status for everyone who paid in advance for Game 2 tickets but did not receive either a refund or credit against other existing charges from the team.
It appears (at least to me) that there’s obviously a disagreement between the Chargers and Mr. Christian. Did Mr. Christian submit to the team’s request for a written demand for a refund with a copy of his driver’s license? Did he in fact read everything, including any and all disclosures listed on the season ticket forms? Lots of unresolved issues here for certain, but I am led to believe that Mr. Christian failed to read “the fine print” in the forms provided to him, hence the disagreement betweern him and the Chargers. Also – he is the only individual who has filed a suit. So it sounds isolated in nature to me. No one else has had a problem to date it appears.
So let’s say that this lawsuit does in fact go to the courts. I would think that if anything, this will be resolved through a mediator. I personally do not think that the Chargers are dumb or stupid enough to deliberately misle a paying season ticket holder out of funds due him (in this case, $266.00 for 2 playoff tickets). And don’t think the NFL isn’t tracking this. In the event (unlikely in my opinion) that the Chargers did cheat Mr. Christian and others out of funds due them, then it may come to haunt them down the road.