Why Wont My Pdf Upload to Stubhub
This article is not here to tell you about how, in response to the COVID-19 virus outbreak, StubHub initially sent out a reassuring email to its customers that it would refund their ticket purchases for canceled events simply to then update its policies a short fourth dimension after to remove that very option.[one] You already know that. Information technology'southward been well-reported in the media[two] and is the subject of a class-action lawsuit.[three]
What you may not know, however, is that StubHub's user agreement[four] contains a provision that lets you file a refund arbitration claim against StubHub and requires StubHub to pay all of your (and their) arbitration costs .[5] Meliorate all the same, because the arbitration proceeding is administered by the American Arbitration Association (" AAA ") and its consumer arbitration rules let the arbitrator to award you any legal fees and costs you could have received in court (consumer-friendly California law applies per the user understanding),[half-dozen] you tin rent a lawyer to file your refund arbitration merits and StubHub volition likely have to pay his/her fees and costs also . And all-time of all, the practical effect of StubHub'southward user agreement requiring information technology to pay all the arbitration costs (these costs lonely can run several thousand dollars, which is probably a lot more than the toll of the concert tickets you're asking to be refunded), and maybe your lawyer's fees and costs too, is that StubHub should be strongly incentivized to pay your refund claim rather than dispute it .[7]
If you want to file a refund arbitration claim against StubHub for COVID-19 related event cancellation, you should follow the steps below.
Pace I – FILE A NOTICE OF DISPUTE WITH STUBHUB
Pursuant to StubHub'southward user agreement,[8] you lot're required to consummate a Find of Dispute form and submit it to StubHub by certified mail service at the following address before you lot tin file a refund mediation claim :
StubHub Inc.
Attn: Litigation Department
Re: StubHub Notice of Dispute
199 Fremont Street, 4th Floor
San Francisco, CA 94105
A copy of the Notice of Dispute grade is available through a link in the user understanding on StubHub'due south website (or by searching for "StubHub notice of dispute" on Google), and a re-create is appended to this article every bit Exhibit A, StubHub Article, Observe of Dispute
StubHub is supposed to reply to your Notice of Dispute form within 30 days after the date your form is sent (mailed) according to the user understanding.[9] But go ahead and set this down for review on your calendar because in this author's experience, StubHub may not answer.
STEP 2 – FILE A REFUND Arbitration CLAIM WITH THE AAA
If no timely response is received from StubHub regarding your Discover of Dispute grade, you may then initiate an arbitration proceeding against StubHub by filing a Demand for Arbitration Consumer Arbitration Rules grade with the AAA. A copy of the Demand for Arbitration Consumer Arbitration Rules form is bachelor for download from AAA'southward website[ten] and a copy is appended to this article every bit Showroom B, StubHub Article, Consumer Demand for Mediation
In improver to the Demand for Arbitration, Consumer Arbitration Rules form itself, you lot'll also desire to include the post-obit:
- A copy of StubHub'due south user agreement , which yous can print off from its website (the link to the user agreement is the lesser of StubHub'south home page and y'all can also observe it past going to: https://world wide web.stubhub.com/legal/?section=ua);
- Don't submit whatever filing fee even though the form says that you should. Per StubHub's user agreement, and as described above, StubHub is required to pay all of the arbitration costs (including your filing fee).
- Submit a request for StubHub to pay the filing fee considering this will explain to the AAA why you didn't include the filing fee. Suggested language for your request that StubHub pay the filing fee is appended to this commodity as Showroom C, StubHub Article, Request for StubHub to Pay Fees(the writer recommends that you adhere the demand for StubHub to pay the filing fee every bit the start page of your claim form).
- Copies of your ticket information, including the club number.
These documents may be submitted to the AAA via its website (www.adr.org) or by mail. No matter which option you lot choose, y'all must likewise send a re-create to StubHub at the following address ( which is dissimilar from the address where you sent the Notice of Dispute grade ):
StubHub, Inc.
c/o National Registered Agents, Inc.
2875 Michelle Dr., Ste. 100
Irvine, CA 92606
The AAA, upon its receipt of your refund mediation merits, volition notify y'all and StubHub that your claim has been received and StubHub volition then be required to submit its written response (and its payment for the costs of the arbitration) inside 14 days . For the reasons described higher up, the probable effect of these quick-fire response and payment requirements is that StubHub will agree to pay your refund merits on or effectually the due date.
CONCLUSION
StubHub'due south "FanProtect" promise boasts that "every order is 100% guaranteed … because 99% guaranteed just sounds sketchy."[11] If you call up that is a cleaved promise because receiving future credit for an event that may never happen "simply sounds sketchy" also, file a refund arbitration claim to go your coin dorsum. That may exist the best way to protect you, the fan, from StubHub.
[1] This article is written for use by U.S. residents; if you lot reside outside of the U.Southward., certain parts of the user agreement discussed in this article may exist extraneous.
[two] "StubHub said they'd refund canceled tickets, merely now they're taking that back (StubHub is here for you. Unless y'all want a refund)." SBNation.com. March 28, 2020 (https://www.sbnation.com/2020/3/28/21198101/stubhub-refunds-canceled-event-ticket-nhl-nba-concerts).
[three] "StubHub Hit with Class Action After Pulling 'FanProtect' Cash Refund Promise for Coronavirus-Related Cancellations." ClassAction.org. April 7, 2020 (https://world wide web.classaction.org/blog/stubhub-hitting-with-class-action-after-pulling-fanprotect-cash-refund-promise-for-coronavirus-related-cancellations).
[4] The formal name of the user agreement is "StubHub Marketplace Global User Agreement," and you can detect a copy of it here: https://www.stubhub.com/legal/?section=ua
[5] If your refund demand is for more $10,000 (which seems unlikely in most cases; if you're buying those kind of tickets, accept me with y'all next time), yous may be required to "demonstrate that the costs of accessing mediation will exist prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis." If you lot can do that, information technology volition be upwardly to the arbitrator to determine how much StubHub must pay for the arbitration costs. Run across Paragraph 22, Department C, titled "Costs of Mediation," in the user understanding.
[6] See Paragraph 21, titled "Applicable Laws and Jurisdiction," and Paragraph 22, titled "Legal Disputes," of the user agreement.
[seven] There is a provision in the Paragraph 22, Department C of the user agreement, titled "Costs of Arbitration," which provides that "in the event the arbitrator determines the claim(s) y'all assert in the arbitration to be frivolous, you agree to reimburse StubHub for all fees associated with the arbitration paid by StubHub on your behalf that y'all otherwise would be obligated to pay under the [AAA] Rules." But given California'southward consumer-friendly laws that apply to any mediation claim, including its ticket seller laws in Cal Double-decker & Prof Code Div. 8, Ch. 21, et. seq., it seems unlikely that an arbitrator would observe a claim demanding a refund in the context of a COVID-19 event cancellation to be so frivolous as to accolade arbitration fees against the consumer.
[8] See Paragraph 22, Section B, titled "Mediation Procedures," regarding the requirement that yous must submit a Notice of Dispute form before filing a refund arbitration claim.
[9] See Paragraph 22, Section B, titled "Arbitration Procedures."
[10] https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf
[eleven] https://www.stubhub.com/hope/
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Source: https://csattorneys.com/2021/01/26/how-to-get-a-refund-from-stubhub-because-getting-a-future-credit-for-an-event-that-may-never-happen-just-sounds-sketchy/
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