Cat and Dog Inc., the company operating New Orleans’ Howlin’ Wolf, filed a federal lawsuit against StubHub on Sept. 10 in the U.S. District Court for the Eastern District of Louisiana. The complaint alleges that StubHub’s listings mislead buyers about ticket availability and prices. It asserts claims under Section 43(a) of the Lanham Act, which addresses false advertising, and Louisiana’s Unfair Trade Practices and Consumer Protection Law, according to Hypebot and Gambit.
Relief sought in the case
According to Gambit’s account of the complaint, the Howlin’ Wolf wants StubHub to distinguish between tickets available through its marketplace and the total inventory for a performance. The venue also seeks prominent notice that tickets may remain available from the box office and wants direct-from-venue prices displayed as all-in amounts in search results and other advertising. It is seeking compensation for lost revenue and other damages, including as much as three times its actual damages under the statutes cited in the suit.
The venue’s example of alleged false scarcity
Gambit reported that the complaint cites a Sept. 7 StubHub listing for a Hot 8 Brass Band performance scheduled for Sept. 16. The complaint says the venue’s all-in price was $24.94, while StubHub offered a ticket for $76 and displayed messages saying that either four tickets or 1% of the inventory remained. Those details are allegations in the complaint, not findings by the court.
Federal rules on ticket-price disclosures
According to the Federal Trade Commission, its rule covers businesses that offer, display or advertise live-event tickets, including third-party platforms and resellers. Businesses that advertise live-event tickets must disclose upfront the total price consumers will pay, including mandatory charges known and calculable at the time. The FTC said its rule on unfair or deceptive fees would take effect on May 12, 2025. The federal pricing requirements provide broader regulatory context for the Howlin’ Wolf’s allegations about how resale listings present availability and cost.
The complaint also challenges speculative ticketing, in which sellers list tickets before obtaining them or before the tickets have been issued. Gambit reported the venue’s allegation that as many as 80% of tickets sold on resale platforms come from bulk resellers. The Howlin’ Wolf argues that such listings can divert buyers from the box office and leave the venue without direct contact information if a performance is postponed or canceled.
StubHub disputes the allegations
A StubHub spokesperson told Gambit that the claims lack merit and that the company intends to defend itself vigorously, the outlet reported.
A dispute with broader venue implications
The lawsuit follows an August case brought by Vermont’s Stone Church, which alleged that StubHub manipulated prices, misrepresented availability and used trademarked names without authorization. Stone Church is seeking more than $5 million, according to Seven Days. That publication also cited a National Independent Venue Association study reporting that 64% of independent U.S. music venues did not turn a profit in 2024 and identifying ticket-resale practices as one financial burden.
