Blog Entry

NFL sweetens the deal for 400 seatless fans

Posted on: February 8, 2011 6:48 pm
Edited on: February 8, 2011 6:53 pm
 

Posted by Andy Benoit

With the controversy surrounding the 400 fans who were without seats for Super Bowl XLV not dying down, and with scattered stories about some of those fans claiming they were not treated well during the already awful process Sunday, the NFL saw it fit to up the ante on their apology Tuesday.

Beloiw is a press releae the league sent out Tuesday night:

Commissioner Roger Goodell announced today that two options will be offered to the approximately 400 fans that purchased a ticket to Super Bowl XLV and did not receive a seat in the stadium due to the installation failure involving their seat in Cowboys Stadium. Each of the holders of the approximately 400 affected tickets will have a choice of:
 
1.    One free ticket to next year’s Super Bowl game plus a cash payment of $2,400 (three times the face value of the Super Bowl XLV game ticket held by the individual). The ticket to next year’s Super Bowl game is transferable.
 
                  [OR]    
 
2.    One free ticket to a future Super Bowl game of the fan’s choice, including next year’s if so desired, plus round-trip airfare and hotel accommodations provided by the NFL. This offer will be personalized in the ticketholder’s name and is not transferable.
 
The NFL office, in conjunction with the Steelers, Packers, and Cowboys, is in the process of obtaining contact information for the approximately 400 individuals that did not receive seats in the stadium bowl at Super Bowl XLV. Contact information for any of those individuals can be emailed to SBXLV@nfl.com. A personal call from a senior NFL staff member will follow to answer questions and provide information on how the fan’s choice will be confirmed and fulfilled.
 
Commissioner Goodell has initiated a complete review of the matter, including all seating and stadium entrance issues, to determine where the breakdowns occurred.
 
“We are ultimately responsible for the fan experience and we want it to be the best it can possibly be,” Commissioner Goodell said.

  
Minutes after this was release, the discussion on Twitter was whether this offer was adequate and which of the two options were best. Wouldn't you love to know how many people contact the NFL claiming to have been one of the 400 seatless fans? The over/under on it: 5,000, including all the idiots who won't come remotely close to fooling the league; 1,000 if we're including only those who will at least get someone from the league to review their case carefully.  

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Category: NFL
Comments

Since: Dec 2, 2011
Posted on: January 10, 2012 5:48 am
 

NFL sweetens the deal for 400 seatless fans

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dsfjwerw
Since: Dec 2, 2011
Posted on: January 5, 2012 6:52 am
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jhfgdters
Since: Dec 2, 2011
Posted on: December 9, 2011 12:20 am
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Since: Nov 18, 2010
Posted on: February 10, 2011 8:53 am
 

NFL sweetens the deal for 400 seatless fans

Well for all the people who said that people could not or would not sue the NFL.  Todays news reports say your......WRONG!  The news report I saw on ESPN this morning (2-10-11)  said there is now a class action lawsuit being started agaist the NFL. It is for people who paid for tickets and did not get into the superbowl and for people who got "temporary seating" (people could not see the game or jumbo screen) which was advertised as regular seating at the stadium.

So much for that theory that all people can get is the value of their tickets back.  Lawyers don't work for free.  I bet the NFL will settle this one with a much sweeter deal for the 400 people who did not get in the game.  The others in temp. seating will have a seperate deal worked out also.

The NFL is not going to come out ahead on this greed based deal.  This situation should have never happened to start with.  Goes to how just how greedy the NFL truely is.

Anyone that thinks the fans will not win anymore than the value of the tickets back can call me.  I have 400 tickets for sale for $800 apeice to next year's superbowl.  Disclaimer on the back of the tickets say: "You may or may not get into the game, and there may or may not be seats for you.  If you don't get in I will buy you a hot dog at the start of next years regular season."



Since: Feb 9, 2011
Posted on: February 9, 2011 8:13 pm
 

1099 or W2

If the NFL offers the fans $2,400 will they be getting a W2 or a 1099 2012.  If it's a 1099 think about what the tax implication it would be.....$2,400 the the pocket...I don't think so. 



Since: Oct 25, 2008
Posted on: February 9, 2011 11:40 am
 

NFL sweetens the deal for 400 seatless fans

Loser, the Cowboys weren't at fault, try getting your facts straight. NFL was calling the shots and approved the seats. Not Jerry ..
Sorry you have to root for the Lions , must be tough. We don't have to ban the Lions from getting to the Super Bowl.. Last time I checked Cowboys Pretty much still rule as the most popular franchise. Jealous of the Cowboys is not something New. Face it, when they come to any town it makes the game better...Teams like the  Yankees , Cowboys ,Lakers ,Bulls in the 80's and even when the Cowboys suck, they still sell out everywhere they go..



Since: May 17, 2008
Posted on: February 9, 2011 11:22 am
 

NFL sweetens the deal for 400 seatless fans

The blame for this lies squarely on the NFL, Jerry Jones and the ineptitude of Dallas & the Dallas Cowboys.
If the stadium only holds 80,000, then only 80,000 tickets should have been sold. 


The stadium holds well in excess of 80,000.  The stadium, like many others, is designed for different capacities depending on the event and the installation of temporary seating.  The record for Cowboys stadium is 105,000 (which included more standing room tickets than the SB as some standing room areas were converted to seating(400 of which was not completed).  The stadium has held more than it did for the SB...it was simply an unforeseen, unfortunate occurance that 400 seats or so were not completed in time for the game.  I think the NFL has made fair offers to the affected fans to compensate for the error.



Since: May 17, 2008
Posted on: February 9, 2011 11:14 am
 

NFL sweetens the deal for 400 seatless fans

If you want to get technical in the ways of "common law"  I beleive this would be "fraud" which at this level of people (400) and ticket prices ($800) would be a "legal" felony charge.  You can't advertise and sell tickets for seats or an event which does not exsist.  There were no seats ever installed to be sold.  That is legally fraud to sell them.  That is the NFL and the Dallas Cowboys who did that not the secondary market. 


Again, wrong.  First, there is no "legal" felony charge.  I assume you mean "criminal" and not "legal" but it does not matter.  Second, to prove fraud, in a civil or criminal case, you must prove an intent to defraud.  In other words, you would have to prove that the NFL and/or Cowboys never intended to have those 400 seats installed which is obviously not the case as (a) the seats were installed or being installed, they simply were not finished/approved in time for the game, (b) the NFL is simply not going to risk a fraud charge (whether criminal or civil) over $320,000 (400 tickets at $800 each) when without them they still sold nearly 102,000 tickets at prices ranging in face value from $200 to, what, $2,000 or more apeice?  The NFL is not going to intentionally risk potential criminal and civil penalties, not to mention the PR nightmare (which would be exponentially worse than the one they are in now) over $320,000 (plus concessions, souveniers, etc) for a game that is generating 100s of Millions of Dollars for the league through tickets, television broadcast rights, advertising, merchandise, concessions, etc.

Simply put, there was no "fraud"...the event and the seats existed (or were in the process of being installed), the seats were simply deemed unsafe or incomplete for use.  The issue is simple breach of contract, not fraud.



Since: May 17, 2008
Posted on: February 9, 2011 11:04 am
 

NFL sweetens the deal for 400 seatless fans

It really does not matter anyway, this is not a "legal" matter it is a "civil" matter, they are two different things completely.  Ask OJ Simpson, he was found innocent in "legal" court and lost a "civil" case that cost him millions of dollars.

Sorry but you are way off here ... a "civil" matter is still a "legal" matter.  The distinction you are looking for in the OJ case is between "criminal" and "civil".  The difference there is in the burden of proof ("beyond a reasonable doubt" vs. "preponderance of the evidence").  OJ was not found guilty of a crime beyond a reasonable doubt and thus was aquitted in criminal court.  In civil court the Goldmans/Browns only had to prove that OJ did it by a preponderance of the evidence, or "more likely than not".

The issue of the Super Bowl tickets is a civl matter (breach of contract) but it is still a "legal" issue.  The issue with the price of the tickets probably limits the NFL's exposure to the face value, $800.  The "brokers" who resold tickets bought from the NFL were acting on there own and did not bind the NFL to any liability in excess of the ticket "contract", i.e. $800 gets you a seat to the game.  Approximately 400 fans did not get their seats so they are entitled to recover their $800 (actual damages), no more (generally, in a breach of contract case you cannot recover "consequential damages", i.e. air fare, hotels, meals, etc to get to and stay in Dallas -- although Texas law may be different).  Anything the NFL offers above the actual value of the ticket is done voluntarily in a PR effort to make a bad situation better.  Sue the NFL, they likely dig in their heels and offer your $800 back.  In any event you are not going to get "millions of dollars" -- the OJ case was a "tort" case, you can recover for pain and suffering, loss of support, medical/funeral costs, loss of companionship, etc --- essentially you are trying to put a value on someone's life.  In a breach of contract case the only question is did you get what you were promised in the contract and if not what is your actual loss/contracted amount -- potentially limited to only the face value of the ticket as, again, that was the NFL's agreement -- "pay $800 and you get to a seat at the game".  Any contract to pay more was between the ticket buyer and the broker/reseller/scalper.  Better off to take one of the two settlements offered and cut your losses.



Since: Nov 18, 2010
Posted on: February 9, 2011 9:34 am
 

NFL sweetens the deal for 400 seatless fans

You wouldn't stand a chance simply because most of these tickets were bought on the secondary market, thus the new buyer has a contract with this seller not the NFL, good luck finding and suing him.

That is not exactly true, most tickets bought on the secondary market are purchased through "ticket brokers" most of these are affiliated with the NFL and their teams.  It really does not matter anyway, this is not a "legal" matter it is a "civil" matter, they are two different things completely.  Ask OJ Simpson, he was found innocent in "legal" court and lost a "civil" case that cost him millions of dollars.  Civil cases are about whether a jury finds that a group or individual is responsible for the overall events that happened, and what that value would be.  This includes tickets, hotel rooms, food, vaccation time taken, even emotional duress if someone claims it.
Good old common sense.

For those few who did buy from the NFL, they agreed to the conditions on the back, which would have likely covered this type of situation. Therefore a contract exists from thre moment the sale took place, regardless of what happened afterwards, in other words it is a "breach of contract" for which the NFL is now offering a remedy.
Good old common law

If you want to get technical in the ways of "common law"  I beleive this would be "fraud" which at this level of people (400) and ticket prices ($800) would be a "legal" felony charge.  You can't advertise and sell tickets for seats or an event which does not exsist.  There were no seats ever installed to be sold.  That is legally fraud to sell them.  That is the NFL and the Dallas Cowboys who did that not the secondary market. 
Good of common law.


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