Plaintiff in proposed class action against Formula E organizers gets surprise refund

Shannon Campbell says she was in shock after discovering an unexpected refund deposited into her bank account by Canadian E-Fest.

“Out of the blue on Friday, I received an email from Formula E and it was more or less a ticket cancellation,” Campbell told Consumer Matters.

The  Lower Mainland resident received a full refund of $420 but says she never received an explanation for the deposit or exactly who issued the refund.

“I found this experience to be exhaustive, not genuine, ” said Campbell.

Campbell is one of three representative plaintiffs in a proposed class action against Vancouver Formula E organizers on behalf of customers who purchased tickets for the Canadian E-Fest event.

The three-day festival was cancelled back in April and organizers and promoters announced in July that ticket holders requesting refunds would be contacted to start the process.

However, countless ticket buyers haven’t received refunds and many continue to reach out to Consumer Matters for help. “I think it’s despicable and I don’t think businesses like that should be able to further be in business,” said Campbell.

The notice of civil claim names two companies as defendants – One Stop Strategy Group (OSS Group) – the organizers and promoters of the Canadian E Fest event and ATPI Travel and Events Canada – a Quebec-based ticket reseller that acted as a ticketing provider for the event.

The suit alleges  “fraudulent misrepresentation” where the defendants advertised and sold passes at various prices for the event without securing all the required permits for the construction and operation of the Canadian E-Fest. It also alleges the defendants breached the Business Practices and Consumer Protection Act in numerous deceptive actions in the supply, solicitation, offer, advertisement and promotion of the passes.

None of the allegations have been proven in court.

Richard Chang is a Vancouver lawyer and partner with Diamond & Diamond Lawyers behind the proposed class action. He said Campbell’s refund is a surprise.

“She’s the only representative plaintiff in our proposed class action to receive money. We’ve contacted the other two representative plaintiffs for the proposed class action they as of yet have not received refunds,” said Chang.

He added he continues to hear from Canadian E-Fest ticket holders who haven’t received a refund.

“I don’t know if something is happening with the organizers and they are slowly trying to refund everyone? If that is the case, that would be great news and then our action wouldn’t be necessary, but as of right now we are still hearing from people who have not received refunds,” said Chang.

Despite Campbell receiving a refund, Chang said the class action is still going ahead.

“From how we see things at Diamond & Diamond nothing changes because the two representative plaintiffs in the class action and a number of individuals who have reached out to us, they are still waiting for refunds as well,” said Chang.

Consumer Matters reached out to OSS Group and ATPI for comment but did not receive a response.

Ticketholders who haven’t received a refund can contact Richard Chang: rchang@diamondlaw.ca

by Global News