Under Texas Law, What Are Displaced/Delayed Fans Likely Entitled To?

FEB 18. 2011

Under Texas law and the Texas Deceptive Trade Practices-Consumer Protection Act (TEX. BUS. & COM. CODE §§17.41—63), fans that were never provided a seat or that were relocated to inferior seats (i.e. those with obstructed views) are likely entitled to:

(1) THREE TIMES the amount they spent to attend the game, including what they spent on their tickets (not face value) and ALL travel expenses;

(2) damages to compensate the fan for not being able to enjoy a once-in-a-lifetime experience; and

(3) payment by the NFL, Jones and the Cowboys of all attorneys’ fees and costs associated with pursuing Nos. 1 and 2 (meaning the fan should pay nothing).

In addition, Fans may also be entitled to punitive damages in an amount sufficient to punish the NFL and Jones for their conduct and deter such conduct in the future. When determining this amount, the financial condition of the NFL, Jones and the Cowboys is considered.

Example:

Mr. Smith traveled to the Super Bowl and spent the following amounts: Tickets - $6,000, Airfare - $825, Hotel - $1,400, Rental Car/Taxis - $380, Meals - $240, Total ($8,845). Under Texas law, Mr. Smith is likely entitled to $26,535 PLUS damages to compensate him for missing out on a once-in-a-lifetime experience PLUS payment of his attorneys’ fees and costs. Mr Smith may also be entitled to punitive damages based, in part, on the financial condition of NFL, Jones and the Cowboys.

Fan Attorney Michael Avenatti Responds to NFL's Tuesday "Offer" to Wronged Super Bowl Ticket Holders

FEB 15. 2011

“Under pressure from the class action lawsuit, the NFL has yet again revised its “offer”. But the NFL still refuses to fully reimburse the 400 fans 100% for what they paid for their tickets, ALL of their related expenses, plus some other reasonable gesture for these fans missing out on a once-in-a-lifetime experience. Nor does the latest "offer" do anything for the other 2,000 fans who were detained and then "relocated" to substandard or obstructed view seats and who missed a substantial part of the game. Nor does it do anything for the Cowboys Stadium "Founders" who paid over $100,000 for their personal seat licenses only to then placed in temporary, obstructed view seats. The NFL and its lawyers need to come clean with the fans as to their right to full compensation and sit down with us to fairly resolve this matter.”

Letter to NFL Commissioner Roger Goodell Requesting Meeting to Resolve Super Bowl Ticket Dispute

FEB 15. 2011

Filed by Michael Avenatti of Eagan Avenatti, LLP

“Since the filing of our case, we have been contacted by literally hundreds of affected fans wishing to formally retain our firm. Those contacts are expected to continue in the coming days”

Read the letter here

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