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Who's Ready To Sue The Marlins?


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Any legal experts in the crowd?

 

What would be the chances of a class action suit to recoup all those season ticket deposits?

 

The $700 deposit initially felt like extortion; now it's starting to feel like fraud. We paid that money expecting to see the Florida Marlins, not the AAA All-Stars. You could argue that there were rumblings that a few players would have to be traded or let go to dump salary, but they have now shipped off their players to a degree that far exceeds even the most pessimistic fans' most pessimistic expectations.

 

Those of us who threw down a deposit in order to secure 2005 "playoff tickets" were essentially investors in the future of the team. Imagine if a company on one of the exchanges pulled some sh*t like this. Investors would be all up in there with lawsuits and the SEC would come in and start cracking heads. I don't think anyone could deny that the Marlins ownership misrepresented their plans for the future.

 

The front office of the MLB should order the Marlins to return that money, but barring that, I wonder what the chances of a lawsuit would be.

 

I just want our $1400 back.

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Doubtful you could do anything, but I am not all that familiar with this kind of law. Your SEC analogy is good, but the Marlins aren't subject to those rules because it's not a public company and it's not large enough. Perhaps someone should talk to an attorney with experience in this field. Might be worth a shot.

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There is nothing you could do because you are paying to see the "Marlins" regardless of how good or bad they are. You sent your check to marlins headquarters, not carlos delgado.

If you somehow won, they teams could start taking money back from fans when the roles were reversed. If you signed up and they signed 5 players, they would just charge you more even though you already paid.

 

 

But I obviously can see why you are mad, if I was on the hook for 1400 and had tickets to all those games I would also be upset. I am still going to go to games, but there is no chance that I am increasing the amount of games.

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Doubtful you could do anything, but I am not all that familiar with this kind of law. Your SEC analogy is good, but the Marlins aren't subject to those rules because it's not a public company and it's not large enough. Perhaps someone should talk to an attorney with experience in this field. Might be worth a shot.

 

 

I know they're not a public company, but even private enterprises aren't permitted to fraudulently misrepresent themselves, are they?

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There is nothing you could do because you are paying to see the "Marlins" regardless of how good or bad they are. You sent your check to marlins headquarters, not carlos delgado.

If you somehow won, they teams could start taking money back from fans when the roles were reversed. If you signed up and they signed 5 players, they would just charge you more even though you already paid.

 

 

But I obviously can see why you are mad, if I was on the hook for 1400 and had tickets to all those games I would also be upset. I am still going to go to games, but there is no chance that I am increasing the amount of games.

 

 

Exactly.

 

"Hey, we won 80 games, you owe us 300 more dollars."

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Does it say anywhere in your season ticket contract how many games the Marlins will win or attempt to win?

 

All you are promised is a baseball product, not a winning one. I can almost guarantee this would get thrown out.

 

 

I think I paid for a certain quality of baseball product.

 

If you apply your agruement to other items, you could say, for instance, when I buy a box of Cheerios that all I paid for was a food product, not one that tastes good. They could put sh*tty tasting O-shaped things in there and you'd be cool with that.

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I'm not neccessarily disagreeing with you, I'm just telling you that I can guarantee you that nowhere in their contract does it say how many games they promise to win, etc. I can also guarantee you it doesn't say who will be on the team and who won't.

 

It would have to be in there for you to have a case.

 

In fact, I'm pretty sure most teams actually have things that make it clear those are not guaranteed. I would go dig up my contract with the Bengals, but I'm not 100% sure where it is. :plain

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Does it say anywhere in your season ticket contract how many games the Marlins will win or attempt to win?

 

All you are promised is a baseball product, not a winning one. I can almost guarantee this would get thrown out.

 

 

I think I paid for a certain quality of baseball product.

 

If you apply your agruement to other items, you could say, for instance, when I buy a box of Cheerios that all I paid for was a food product, not one that tastes good. They could put sh*tty tasting O-shaped things in there and you'd be cool with that.

 

Ya but once you open it you cant return it. Plus if you dont like it, what do you do? You just dont get them again.

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The only reason I sympathize with you is that you though the same team was going to be there and had they told you they were going to do this you would not have renewed.

 

But... you have no chance. So teams that start doing poorly will start to give money back to fans? And teams that exceed expectations will start charging?

 

You paid for the ticket to a game and thats it period

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I think if they completely gut the team you might have a case. It's a hard case to make, but if you get a creative and skillful lawyer you might be able to pull it off.

 

I suppose you could make a case for fraud, but it would be hard because you are required to prove intent. You would have to show that the Marlins intentionally misrepresented or concealed information to deceive or mislead. In this case, you would have to show that the Marlins FO knew they would have a firesale before or during the time in which they pressed to have people renew their season tickets. To do this, you would probably need someone within the organization to testify against the Marlins. Seeing as how a good number of employees are about to be fired (see Mike Berardino article today), maybe someone would be willing to speak. Otherwise it will be tough - you'd have to rely on circumstantial evidence and/or their own documents. I am sure they would shred many of the pertinent documents.

 

In a nutshell, it's a tough case to make.

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If all you want is the money back, call your rep and complain enough. My guy said that he was getting swamped with calls. I simply stated my case that I think ticket prices should be lowered because the price that was initially presented was representative of something (a competitive product) that is simply no longer there.

 

Call your guy, complain while not getting crude, they'll give you a refund.

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If all you want is the money back, call your rep and complain enough. My guy said that he was getting swamped with calls. I simply stated my case that I think ticket prices should be lowered because the price that was initially presented was representative of something (a competitive product) that is simply no longer there.

 

Call your guy, complain while not getting crude, they'll give you a refund.

 

 

You got a full refund?

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If all you want is the money back, call your rep and complain enough. My guy said that he was getting swamped with calls. I simply stated my case that I think ticket prices should be lowered because the price that was initially presented was representative of something (a competitive product) that is simply no longer there.

 

Call your guy, complain while not getting crude, they'll give you a refund.

 

 

You got a full refund?

 

If you try getting a lawyer it will be much more expenseive than 1400. Just call and complain and see if they do something

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If all you want is the money back, call your rep and complain enough. My guy said that he was getting swamped with calls. I simply stated my case that I think ticket prices should be lowered because the price that was initially presented was representative of something (a competitive product) that is simply no longer there.

 

Call your guy, complain while not getting crude, they'll give you a refund.

 

 

You got a full refund?

 

If you try getting a lawyer it will be much more expenseive than 1400. Just call and complain and see if they do something

 

Well, no sh*t. I'm all talk anyway. I was more interested in discussing how it would turn out. I still think there's more of a case there than many of you are making it out to be. There's no way entertainment tickets are sold just to get in the door. You pay $100 for a Cirque Du Soleil ticket, you better not just be getting a bunch of clowns. There's got to be some consideration for the quality of entertainment provided. Especially when we're talking about a fairly large sum of money.

 

We will have to see about that refund.

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If all you want is the money back, call your rep and complain enough. My guy said that he was getting swamped with calls. I simply stated my case that I think ticket prices should be lowered because the price that was initially presented was representative of something (a competitive product) that is simply no longer there.

 

Call your guy, complain while not getting crude, they'll give you a refund.

 

 

You got a full refund?

 

No, not going to beat the drums until after the meeting, since pricing will invariably be a question posed to Samson.

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While Florida may be different, from the weekly discussions on the Nats board has come to the conclusion a class action suit to right the grievances of fans has no chance of being heard. Your rights restrict you to making your voice heard with your wallet, which like or not, you surrendered when you ignored the signs of the impending restructuring and renewed your season tickets.

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You guys are probably right, but I doubt that any of you are legal experts. My guess is when you're talking about rights and all that, you're probably just making stuff up. Just like I am, when I'm talking about rights and fraudulent misrepresentation and all that jazz. My guess is sports and entertainment law is a little different than other types of law. I don't know what the answer to this is, but you all are probably right when you say I'm pretty much screwed. In any case, just to satisfy my curiousity, I shot off an e-mail to the makers of sportslawblog.com just to see what they say. Yes, they have a blog for everything.

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