Deceptive Patterns
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Competition and Markets Authority v. Viagogo

Jurisdiction
EU & UK
Authority
High Court, Business and Property Courts of England and Wales
Date
26 Jul 2012
Case number
Claim No. FS-2018-000011
Outcome
£400,000 in fines

Case summary

Viagogo was held liable for failing to provide actual ticket prices, misleading customers about ticket availability, and imposing unfair deadlines for claiming refunds under their guarantee.

Our analysis

The Competition and Markets Authority (CMA) has repeatedly warned Viagogo, a secondary ticketing site, to improve the way it presents information on its website in order to comply with UK consumer protection law. One area of focus has been the lack of information about the face value of tickets being offered for resale, as well as the fairness of certain restrictive terms and short deadlines for claiming refunds under Viagogo's guarantee. Despite legal action and a court order mandating Viagogo to overhaul its operations, the CMA has identified ongoing issues, such as incomplete information about resale restrictions, misleading claims about ticket availability, incomplete seat number information, and incomplete addresses of businesses selling tickets. The CMA contends that information about the face value of tickets is crucial for consumers to evaluate the quality of the ticket and to determine whether the price is reasonable. Additionally, information about time limits for claims under Viagogo's guarantee enables consumers to decide whether to use the platform for purchasing tickets.

Outcome

The CMA has successfully obtained a court order against Viagogo, which mandates the company to reform its business practices and adhere to the law. The order requires Viagogo to provide customers with information about the risk of being turned away at the event, their assigned seat, and information about businesses selling tickets. Viagogo is prohibited from providing misleading information about ticket availability and popularity, and must make it easier for customers to obtain refunds under its guarantee. Additionally, Viagogo is required to prevent the sale of tickets that the seller does not own and must inform customers of the face value of tickets on its site. These changes will benefit customers by enabling them to make informed decisions, avoiding misleading information, providing legal protection, and facilitating the refund process.

Parties

Competition and Markets Authority (CMA) and Viagogo

View the decision

Related deceptive patterns

Fake urgency ›The user is pressured into completing an action because they are presented with a fake time limitation.Hidden costs ›The user is enticed with a low advertised price. After investing time and effort, they discover unexpected fees and charges when they reach the checkout.Fake social proof ›The user is misled into believing a product is more popular or credible than it really is, because they were shown fake reviews, testimonials, or activity messages.Fake scarcity ›The user is pressured into completing an action because they are presented with a fake indication of limited supply or popularity.

Related laws

Electronic Commerce (EC Directive) Regulations 2002 ›Establish the legal framework for online retailers and service providers to comply with while conducting business with consumers.Consumer Protection from Unfair Trading Regulations, 2008 ›Prohibit traders across all sectors from using unfair commercial practices that hinder consumers from making informed purchasing decisions.Consumer Contracts (Information Cancellation and Additional Charges) Regulations, 2013 › Grant consumers the right to cancel contracts for goods or services made through remote communication channels such as the internet, email, or telephone.Consumer Rights Act, 2015 ›Covers various aspects of consumer transactions, including the sale of goods and services, digital content, unfair contract terms, and remedies for faulty goods.