Facts

Thomas Modden filed suit against Ticketfly LLC in relation to his purchase of a ticket to attend a concert in New York City in 2017.

PLAINTIFF'S CONTENTIONS: Modden contended that Ticketfly canceled his ticket before the concert, issued him a refund, and terminated his Ticketfly account. Modden asserted causes of action for invasion of privacy and breach of contract. Specifically, Modden alleged Ticketfly inserted itself into private matters involving himself and a band member, and shared his information with Pandora, which removed his music from Pandora's website. Modden requested $2.5 million in economic damages, $2.5 million in noneconomic damages, and restoration of his Ticketfly account.

DEFENDANTS' CONTENTIONS: Ticketfly alleged that Modden did not provide sufficient information regarding his invasion of privacy claim to establish any legally protected privacy interest or a plausible allegation of a reasonable expectation of privacy. Additionally, Ticketfly claimed Modden failed to adequately plead damages.

Result

The court granted TIcketfly's motion to dismiss. The court concluded that Modden failed to establish a legally protected privacy interest, plausibly allege a reasonable expectation of privacy, or plausibly establish an egregious invasion of Modden's privacy. Further, the court found that Modden's customer complaints sent to Ticketfly regarding damage to his musical career were sent after his ticket and account were revoked, so the complaints were insufficient to put Ticketfly on notice of special damages.