Nellis, et al. v. Vivid Seats LLC

Case No. 1:20-cv-02486 (N.D. Ill.)

United States District Court for the Northern District of Illinois, Eastern Division

Update

The Court held the Final Approval Hearing on October 27, 2021, and granted Final Approval of the Settlement on November 1, 2021. In its Final Approval Order, the Court ordered additional relief to certain Settlement Class Members who have tickets to Postponed or Rescheduled Events. Specifically, if you purchased a ticket through Vivid Seats on or before April 1, 2021 to an event that, at any time from September 29, 2016 through April 1, 2021, was postponed or rescheduled but is not yet cancelled, you resided in California when you purchased the ticket, you currently hold the ticket to the Postponed Event or Rescheduled Event and such an event has not yet occurred, you may be entitled to request a cash payment.

If you fit into the description above, your options under the Settlement are:

KEEP YOUR TICKETS AND RECEIVE A CREDIT OR REQUEST A PAYMENT IF THE EVENT IS CANCELLED

Do nothing, and if the Postponed Event(s) or Rescheduled Event(s) to which you hold ticket(s) is cancelled, you will automatically be entitled to a credit on your Vivid Seats account. You will also have the opportunity to elect to receive a cash payment by requesting the payment from Vivid Seats within twenty-one (21) days of receiving notice that the Postponed Event or Rescheduled Event has been cancelled. For more information on this option, please review the Published Notice for California Postponed and Rescheduled Event Ticket Holders.

REQUEST A PAYMENT NOW

Elect a cash payment now by submitting a claim online or postmarking a California Request for Cash Payment Form. You must submit your claim online or postmark your California Request for Payment Form by February 14, 2022. You must also, by February 14, 2022, relinquish ownership of the valid ticket(s) to the yet-to-occur Postponed Event or Rescheduled Event to Vivid Seats in the manner outlined in Paragraph 3 of the Published Notice for California Postponed and Rescheduled Event Ticket Holders. In doing so, you shall relinquish and no longer be entitled to any other relief under the Settlement Agreement, including any credit you might have received if your event was cancelled, as described in Paragraph 3.

For more information on this additional relief, please review the Published Notice for California Postponed and Rescheduled Event Ticket Holders.

IF YOU PURCHASED A TICKET THROUGH VIVID SEATS ON OR BEFORE APRIL 1, 2021 TO AN EVENT THAT, AT ANY TIME FROM SEPTEMBER 29, 2016 THROUGH APRIL 1, 2021, WAS CANCELLED, YOU MAY BE ENTITLED TO A CASH PAYMENT OR OTHER RELIEF FROM A PROPOSED CLASS ACTION SETTLEMENT.

IF YOU PURCHASED A TICKET THROUGH VIVID SEATS ON OR BEFORE APRIL 1, 2021 TO AN EVENT THAT, AT ANY TIME FROM SEPTEMBER 29, 2016 THROUGH APRIL 1, 2021, WAS POSTPONED OR RESCHEDULED, YOU MAY BE ENTITLED TO A CASH PAYMENT OR OTHER RELIEF FROM A CLASS ACTION SETTLEMENT IF THE EVENT IS CANCELLED.

Please read the Notice carefully, your legal rights are affected whether you act or do not act.

Para Notificación de arreglo colectivo en español, haga clic aqui.

A proposed Settlement has been reached in a lawsuit against Vivid Seats LLC (“Vivid Seats”). The lawsuit claimed that Vivid Seats was obligated to make payments for tickets purchased on or before April 1, 2021 to events that, at any time from September 29, 2016 through April 1, 2021, were cancelled, postponed, or rescheduled, that Vivid Seats failed to do so and that purchasers were injured as a result. Vivid Seats denies these allegations. If approved by the Court, the Settlement resolves the case and provides benefits to Settlement Class Members who do not exclude themselves.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM

If the event to which you purchased tickets was cancelled at any time from September 29, 2016 through April 1, 2021, the only way to get a payment is to submit a Claim Form. Claim Forms must be submitted online or postmarked by August 30, 2021, with the following exception: if you were sent Mailed or Emailed Notice of this Settlement as part of the supplemental notice process that required supplemental notice by August 12, 2021 to certain Settlement Class Members and that was authorized by the Court in its July 15, 2021 Order (“Supplemental Notice Process”), Claim Forms must be submitted online or postmarked by November 10, 2021.

Click here to submit a Claim Form online.

Click here to download a Claim Form.

Deadline:
August 30, 2021

Extended Deadline for eligible Settlement Class Members:
November 10, 2021

EXCLUDE YOURSELF
(OPT OUT)

Get no cash payment or credit. This is the only option that allows you to ever be part of any other lawsuit against Vivid Seats about the legal claims in this case. Requests for Exclusion had to be postmarked by July 15, 2021, with the following exception: if you were sent Mailed or Emailed Notice of this Settlement as part of the Supplemental Notice Process, Requests for Exclusion must be postmarked by September 27, 2021.

Click here for more information on excluding yourself.

Deadline:
July 15, 2021

Extended Deadline for eligible Settlement Class Members:
September 27, 2021

OBJECT OR COMMENT

Write to the Court about why you do not like the Settlement. The deadline to file and serve an objection was July 15, 2021, with the following exception: if you were sent Mailed or Emailed Notice of this Settlement as part of Supplemental Notice Process, the deadline to file and serve an objection is September 27, 2021.

Click here for more information on objecting to the Settlement.

Deadline:
July 15, 2021

Extended Deadline for eligible Settlement Class Members:
September 27, 2021

GO TO A HEARING

Ask to speak in Court about why you do not support the proposed Settlement or any of its provisions. The Final Approval Hearing will be held on October 27, 2021 at 10 a.m. CDT.

Click here for more information on the hearing.

Date:
October 27, 2021 at
10 a.m. CDT

DO NOTHING NOW

If the event to which you purchased tickets was cancelled at any time from September 29, 2016 through March 18, 2021, the expiration date of any active, non-expired credit you have already received from Vivid Seats related to those tickets will be extended through December 31, 2022.

If the event to which you purchased tickets was rescheduled or postponed at any time from September 29, 2016 through March 18, 2021, but has not yet been cancelled, you will receive a credit if the event is cancelled after March 18, 2021 and you still hold the tickets, unless you request a cash payment within twenty-one (21) days of receiving notice that the event is cancelled.

Doing nothing now, however, also means you give up any other rights.

Click here for more information on doing nothing.

N/A

These rights and options -- and the deadlines to exercise them -- are explained in the Notice.

The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made and credits will be given under the Settlement Agreement if the Court approves the Settlement and after appeals are resolved. Please be patient.