Don't Blame Me, Ticketmaster Made Me Crazy: A Discussion of the Ticketmaster Eras Tour Fiasco

The Taylor Swift and the Ticketmaster fiasco raised massive arbitration issues and garnered vast public attention from concertgoers, fans, and other artists who may experience similar ticketing-sales disasters in the future. Ticketmaster’s current arbitration agreement with New Era ADR was the focal point of the “Eras” Tour legal dispute. This Comment delves into the components of the fiasco, breaking down the dispute between “Swifties” and the mega-company, discussing the involved parties and their pertinent interests, the existing rights each party can utilize to achieve those interests, power differences at play, and relevant barriers to a potential solution. In addition, this dispute involves more parties than just Taylor Swift and Ticketmaster—such as venues and staffers, Swift’s fans, other artists, and even members of Congress. Each party promoted their underlying needs, spanning from familial fan interests to commercial profit interests. Many fans fought against Ticketmaster’s current arbitration agreement, arguing it violated the unconscionability doctrine based on financial bias in favor of the powerhouse company. A California court ultimately found the fans’ claims did not establish unconscionability. Still, the Court did recognize Ticketmaster’s ADR requirement created obstacles for consumers that exacerbated the overall imbalance in fairness. This recognition should encourage all arbitration providers to reevaluate their arbitration procedures to enhance their credibility and trustworthiness, providing the parties with an opportunity to present their cases in a fair and adequate manner.