South by Southwest (“SXSW”) agreed to settle a class action lawsuit stemming from their no-refund policy for their COVID-19 cancelled festival in 2020. SXSW refused to provide refunds to pass holders and offered pass holders tickets for up to $30 for upcoming events in 2021, 2022, or 2023 or a 50% discount if ticket bought at entry. SXSW cited financial concerns for the company due to the COVID-19 restrictions on events.

The lawsuit claims that about 80% of pass holders took the option which came along with a release of claims against SXSW. Those pass holders who did not defer their tickets to a future year in the prior option will receive a refund of 40% of the total amount paid. Affected passholders can opt out by December 20, 2021.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

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