Madonna is facing a federal class action lawsuit because she allegedly started three New York City concerts later than scheduled, a delay that her accusers say caused real legal harm to ticket buyers who “had to get up early to go to work” the next day.
In a complaint filed Wednesday (Jan. 17) in Brooklyn federal court, ticket buyers Michael Fellows and Jonathan Hadden claim the Material Girl breached her contract with concertgoers and violated New York state laws by starting three December shows past 10:30 rather than the scheduled 8:30.
“Defendants’ actions constitute not just a breach of their contracts … but also a wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices,” attorneys for the two men write.
The three concerts at Brooklyn’s Barclays Center, stops on Madonna’s Celebration Tour, were originally scheduled for July but rescheduled to December due to the singer’s illness. Fellows and Hadden say they expected their show (Dec. 13) to start on time, and “would not have paid for their tickets had they known that the concerts would start after 10:30 p.m.”
“Defendants failed to provide any notice to the ticketholders that the concerts would start much later than the start time printed on the ticket and as advertised,” attorneys for the two men write.
Leaving Barclays Center after 1:00 a.m., the two men say ticket buyers were “left stranded in the middle of the night,” some “confronted with limited public transportation” options and others with increased prices for ride-share services. They also point out that the concert took place “on a weeknight,” meaning they “had to get up early to go to work and/or take care of their family responsibilities the next day.”
In addition to Madonna herself, the lawsuit also names Live Nation and Barclays Center as defendants. In technical terms, the complaint alleges breach of contract; violation of New York’s business practices and false advertising laws; and several other forms of wrongdoing, including unjust enrichment.
The lawsuit also includes a claim of so-called negligent misrepresentation, saying the concert organizers “knew or should have known” that the concerts would not start at 8:30 because of alleged past instances of Madonna taking the stage late — and should have warned fans.
“Madonna has a long history of arriving and starting her concerts late, sometimes several hours late,” attorneys for Fellows and Hadden write. “This history occurred throughout her 2016 Rebel Heart Tour, her 2019-2020 Madame X Tour, and prior tours, where Madonna continuously started her concerts over two hours late.”
Reps for Madonna and Live Nation did not immediately return requests for comment.
Read the entire lawsuit against Madonna here: