In December 2013, plaintiffs Lucy Mirando and Salpi Keshishian filed a putative class action against Ticketmaster, LLC alleging violations of the Song-Beverly Credit Card Act, California Civil Code section 1747.08 et seq. (the “Act”).
The plaintiffs alleged Ticketmaster acquired their personally identifiable information (PII) in violation of the Act in connection with the online purchase of tickets intended to be picked up at “Will Call.”
Willenken began its defense by picking off Keshshian as a plaintiff, presenting the plaintiffs’ counsel with evidence showing the futility of Keshishian’s claim. Her claim was voluntarily dismissed. The plaintiffs thereafter added another plaintiff, Francine Belle. Likewise, Willenken convinced plaintiffs’ counsel that her claim was futile and should be voluntarily dismissed.
After court-ordered supplemental briefing and two hard-fought hearings on the motion, Willenken’s arguments carried the day, and the Court granted Ticketmaster’s motion and dismissed the putative class action.