Riedel on Josh Groban's disappointed fans- Page 2

[Fosse76]

Posted: 2/8/17 at 12:01pm

350-a. False advertising. 1. The term "false advertising" means advertising, including labeling, of a commodity, or of the kind, character, terms or conditions of any employment opportunity if such advertising is misleading in a material respect. In determining whether any advertising is misleading, there shall be taken into account (among other things) not only representations made by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertising fails to reveal facts material in the light of such representations with respect to the commodity or employment to which the advertising relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual.

The show is advertised as starring Josh Groban. He is therefore part of the product they are selling. Unless his absence is pre-announced for specific dates prior to the availability of tickets for such dates, ticket buyers are entitled to a refund.

[Kad]

Posted: 2/8/17 at 12:06pm

I don't think a star's absence from a show due to illness can be construed as "false advertising."

[Call_me_jorge]

Posted: 2/8/17 at 12:34pm

If it's not false advertising, then why give out refunds?

[HogansHero]

Posted: 2/8/17 at 12:48pm

@fosse, first of all, as Kad notes, absences of this sort do not state a false advertising claim. To be false advertising, one must advertise something that one knows or should know is false at the time. Second, the license you buy to occupy a seat in a theatre by its terms informs you that the casting is not guaranteed. The pronouncement contained in your second paragraph we can call the law according to Fosse76. It does not comport with any law in any jurisdiction with which I am familiar. 

But I encourage you to file suit if and when you find yourself in this deplorable situation. Then a judge can tell you that you are wrong. 

@jorge, because it's the right thing to do. 

[neonlightsxo]

Posted: 2/8/17 at 12:50pm

We've also had this discussion so many times and always come to the conclusion that false advertising does not apply here. If only we had a decent search engine, we all could save some time here.