BC soccer fan sues over alleged Lionel Messi 'bait and switch'

A British Columbia soccer fan wants to certify a class-action lawsuit against the Vancouver Whitecaps and Major League Soccer (MLS) on behalf of customers who claim they paid high prices for tickets to a game featuring Lionel Messi, only to see the superstar player turning around turns out to be a last-minute no-show.

In a notice of civil suit filed Tuesday in British Columbia Supreme Court, Ho Chun claims he paid $404 for a pair of tickets to a Whitecaps and Inter Miami CF game on May 25 that he thought would be it would be headlined by football legends Messi and Luis Suarez. and Sergio Busquets.

But two days before the match, Chun said event organizers “announced that these famous footballers would not participate in the match.”

“This is a classic case of bait and switch,” the lawsuit says, citing ads in print, online, on social media and even on billboards promising the trio of A-list talent.

“Using promotional materials as 'bait,' the defendants caused tickets for the Vancouver vs. Miami game to be listed and sold on the primary market at a price ten times higher than the price of other home games of the Vancouver Whitecaps,” the suit alleges.

The case of Messi missing

The proposed class action follows a debacle that has already sparked a widely circulated petition calling for compensation and transparency in the case of Messi's disappearance.

Chun wants to certify a lawsuit on behalf of anyone, “anywhere in the world, who was a ticket holder for the Vancouver vs. Miami game.”

It is seeking a full refund for unused tickets and a partial refund for used tickets, equivalent to the difference between the price charged for the Miami match and the average price of all other Whitecaps matches.

The 22-page complaint contains copies of match posters and advertisements that appeared as early as last December on the Whitecaps' Facebook and Instagram accounts, featuring Argentine World Cup winner Messi, Uruguayan striker Suarez and midfielder of Spanish field Busquets.

Chun claims the Whitecaps and MLS were “reckless in not confirming that Messi, Suarez and/or Busquets would play in the Vancouver v Miami match.”

Following the announcement that Miami would keep its top players in Florida due to a busy championship schedule, the Whitecaps announced a 50 percent discount on food and drinks during the match as well as a free meal combo for fans under 18.

The club then offered free tickets to another 2024 regular season game to all fans in attendance.

In his complaint, Chun says he is not seeking to recover additional service fees, setup fees and order processing fees from Ticketmaster. But he cited “additional expenses” incurred by fans traveling from out of town to attend the game.

“I did everything I could”

Chun's lawyer would not comment further on the claim, but noted that Messi failed to show up for a match in Hong Kong in February and also missed matches in Atlanta and Chicago, angering fans of these cities.

The furor in Hong Kong reached such a pitch that Messi took to a Chinese social media platform to insist he missed the match because of inflammation in his abductor muscle.

“I did everything I could,” he said in the post. “But I really couldn’t play.”

Chun's proposed class action is based on the terms of British Columbia's Business Practices and Consumer Protection Act as well as federal competition law.

In addition to reimbursement, he is seeking punitive damages against the Whitecaps and MLS.

The Whitecaps and MLS have yet to file a response to this claim.

After news broke that Messi, Suarez and Busquets might not be in attendance, Whitecaps CEO Axel Schuster released a statement online.

“Unfortunately, we have no control over who plays for our opponent, and it was important for us to communicate with our fans as early as possible,” Schuster said.

“We know there will be a lot of disappointed fans too.”