The Vancouver Whitecaps and Major League Soccer have been forced to pay $347,000 over a 2024 regular-season game which saw Lionel Messi fail to show up after appearing in promotional material.
During his well-hyped first full season in MLS, Messi featured heavily in marketing by the Whitecaps and the league ahead of Inter Miami’s trip to Vancouver in May of that year.
Advertising the eight-time Ballon d’Or winner allowed the team to ramp up prices and maximize ticket revenue when Miami came to town, with his fellow ex-Barcelona stars and Inter teammates Luis Suarez and Sergio Busquets also included in the promotions. They expected to bring in a record-breaking crowd on the day.
Yet much to the dismay of fans who paid a fortune, including one who spent $335 on a ticket for her brother heading over from Italy, Messi and his two superstar colleagues were all left out of Miami’s squad for the game, meaning they didn’t even travel to Vancouver.
The Whitecaps even released a statement on the availability of the opposition’s star players, saying: ‘While we haven’t received an official update on the availability of Lionel Messi, Luis Suarez, and Sergio Busquets for this weekend, we understand they will not make this trip.’
The Whitecaps and MLS have settled a lawsuit regarding Lionel Messi’s 2024 no-show
Messi, Luis Suarez and Sergio Busquets did not play against Vancouver despite featuring heavily in promotion for the regular-season game
And as reported by The Athletic, both Vancouver and the MLS were subsequently targeted with a civil claim by a representative plaintiff named Ho Chun, a resident of British Columbia.
According to his claim, Chun purchased two tickets for the game via the only official ticket seller, Ticketmaster, which set him back a combined $404. His lawyers argued that he was aware of the promotional materials including Messi, Suarez and Busquets before doing so, which ‘represented, implied or suggested’ that all three of them would play.
The claim alleged that representations were made ‘on various media platforms including billboards, print advertising, internet advertising or social media advertising’ and were disseminated on websites, platforms or social-media accounts controlled by the Whitecaps and MLS, while being used as ‘bait’ for tickets to be sold at ‘ten times higher than the price of other Vancouver Whitecaps home games.’
It is then claimed that the defendants operated a ‘classic case of bait-and-switch’ by announcing the trio would not be appearing two days before the game.
Chun’s complaint sought recovery of part of the ticket price, but not other fees and charges. It also alleged violations of the Federal Competition Act and the British Columbia Business Practices and Consumer Protection Act, as well as a general breach of contract between buyer and seller.
The Whitecaps and MLS have settled a class-action lawsuit against them for $347,000
The Whitecaps and MLS denied liability and any part in the decision for Messi, Suarez and Busquets not to play. However, court filings say the co-defendants were prepared to settle the claims to avoid further legal costs.
The settlement agreement says it makes no factual findings or conclusions, nor does it suggest ‘any wrongdoing or liability.’
The settlement, worth a total of CAD $475,000 (USD $347,000), is to be donated to three charitable organizations in sports: KidSport BC, Canada SCORES and BGC South Coast BC. Minus legal fees of $156,000 and a $1,500 honorarium for the representative plaintiff, it will leave those charities with a six-figure sum to share out.
It also contains commitments to revise ticketing terms and conditions, with the Whitecaps now including a statement that team rosters and player participation are subject to change and cannot be guaranteed, and that ‘player depictions in marketing materials are for reference purposes only.’ Similar language has been added to the Ticketmaster website.
