By Nell Geraets
Madonna fans have launched legal action against the pop star and promoters for what they claim is a history of starting her shows hours late, but advertising an earlier start time to ensure ticket sales.
New York residents Michael Fellows and Jonathan Hadden, who both attended Madonna’s Celebration Tour concert in December, filed a lawsuit in the city’s Eastern District Court this week. The pair accused the singer, Live Nation and concert venue the Barclays Centre of “unconscionable, unfair, and/or deceptive trade practices”.
Madonna has been accused of false advertising by two people who attended her December concert in New York.Credit: AP
Fellows and Hadden claimed their tickets specifically stated the concert would begin at 8.30pm, but Madonna did not appear until over two hours later – between 10.45pm and 11pm. They alleged her other two Barclays Centre concerts were similarly delayed, all without notice.
Due to the late hour at which the concert ended, the plaintiffs claimed they were “confronted with limited public transportation, limited ride-sharing, and/or increased public and private transportation costs”.
“In addition, many ticket holders who attended concerts on a weeknight had to get up early to go to work and/or take care of their family responsibilities the next day,” the lawsuit, obtained by this masthead, stated.
According to the suit, the defendants’ actions constituted “not just a breach of their contracts ... but also a wanton exercise in false advertising [and] negligent misrepresentation”.
Madonna also faced criticism from fans over delays during her 2016 Rebel Hearts Tour. Credit: AP
They claim fewer fans would have paid for tickets if they’d known Madonna wouldn’t start until after 10.30pm, and that promoters therefore sold more tickets by advertising the start time as 8.30pm.
“Said actions were committed for various Madonna concerts throughout the United States and over many years sufficiently to be considered a regular business practice,” the lawsuit says.
“In addition to pecuniary losses, plaintiffs and the class members suffered actual harm as a result of defendants’ violations of [general business law] including but not limited to, the annoyance, harassment, time, frustration, and anger.”
Live Nation and Madonna’s representatives were contacted for comment.
Los Angeles entertainment attorney Camron Dowlatshahi, who is not involved in the case, described it as “frivolous” and unlikely to set any precedent within the entertainment industry.
“What the plaintiffs are essentially saying is, ‘I had to go to sleep late and wake up early after a concert, and now I want to sue for my emotional distress’,” Dowlatshahi told this masthead.
“It’s certainly not out of the ordinary for concerts to start later than the time it was advertised and to run late. It’s a bit disappointing to see plaintiffs attempt to push forward on litigation like this.”
Most major events already set terms and conditions – such as changes due to unforseen circumstances – which patrons must agree to in advance. Therefore, at most, Dowlatshahi said, event organisers may add fine print explicitly indicating times are subject to change.
In Melbourne, Madonna’s one-off Tears of a Clown show at the Forum Theatre began over four hours late in 2016. The same year, she left fans waiting for more than two hours at her Rebel Hearts concert at the Brisbane Entertainment Centre.
“In the event [the lawsuit] moves forward, it could be used as some sort of evidence of a pattern of behaviour,” Dowlatshahi said. “But you’re talking about a situation where it’s deemed a meritorious lawsuit – where it can proceed to a jury. I just don’t see that happening.”
Other artists have also been guilty of rocking up late, such as Guns N’ Roses, whose 2017 concert at the MCG was delayed by about an hour because singer Axl Rose was stuck in traffic.
And Lauryn Hill was almost 90 minutes late to her 2019 Sydney show due to illness, causing some fans to demand refunds.
Meanwhile, other delays have been out of anyone’s control. Guns N’ Roses’ 1993 Calder Park concert kicked off hours late due to heavy rain and extreme heat, while Adele intentionally pushed her Sydney concert back by 45 minutes in 2017 because fans were stuck on delayed trains.
Madonna’s North American leg of the Celebration tour was postponed in June after she was hospitalised in intensive care due to a serious bacterial infection. She has since recovered, and returned to the stage in October.
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