Monday’s suit follows a previous class-action filed in November by Florida resident Nate Hollander, who sought in excess of $15,000 in damages after Live Nation refused to refund his tickets to a Madame X show after he was informed that the concert would be starting two hours late. Madonna seemingly responded to that suit during a Las Vegas concert on Nov. 8, stating, "[H]ere is something that you all need to understand and that is that a queen is never late."
The Feb. 3 complaint notes that despite Madonna’s “long history” of showing up late to concerts -- including reported two-hour delays on her previous Rebel Heart tour in 2016 -- Live Nation should have been aware that advertising an 8:30 start time for the Sept. 21 and Oct. 1 shows "constituted, at best optimistic speculation.” The suit alleges that the Brooklyn show attended by Panos on Sept. 21 didn’t start until 11:30 p.m. -- three hours later than the advertised start time and with no advance notice -- and that upon taking the stage, Madonna acknowledged that the delay was her fault. The Oct. 1 show attended by Velotta didn't begin until 10:40 p.m., the suit alleges.
The complaint states that Panos purchased two tickets to the Sept. 21 concert for a total of $800, while Velotta purchased one ticket to the Oct. 1 show for $321. It claims that both men were denied a refund by Live Nation and that they were unable to resell their tickets due to the lateness of the hour, leading to an “extreme loss in value” for them and others who were unable to stay for the show.
Similar to the November complaint, Monday's suit goes on to allege that because of Madonna’s tardiness at the Brooklyn concerts, ticket holders under the age of 18 were no longer legally able to attend without an adult -- rendering their tickets “worthless” -- while others were forced to leave due to work and school commitments the following day. It adds that because the concerts didn’t end until around 1 a.m., many ticket holders who remained for the duration became stranded at the venue, either because they missed rides they had arranged prior to the concerts or because they were unable to access the metro, which had already closed. The suit further contends that because concertgoers were forced to surrender their phones upon entering the venue, they were unable to arrange for a later ride once it became clear that the start times would be substantially delayed.
The plaintiffs are asking for actual and consequential damages, as well as attorney fees and “costs pursuant to the Contract or other New York law or Federal law,” as well as pre and post-judgment interest.
Live Nation did not immediately respond to Billboard’s request for comment.