TOPEKA – (October 24, 2019) – A judge last week ordered a North Carolina-based company to provide refunds to Kansas consumers who attended a rained-out concert in 2017, Kansas Attorney General Derek Schmidt said today.
Funk Fest Concerts, Inc., a North Carolina-based company, promoted and sold tickets to a concert in Bonner Springs in June 2017 while advertising the event as held “rain or shine.” Due to thunderstorms, the event was cancelled midway through and no refunds were given to concert-goers. In total, 5,982 tickets were sold for the event, ranging in price from $25.50 to $225.
After receiving complaints from consumers, the attorney general in November 2018 filed a consumer protection lawsuit against Funk Fest Concerts. Shawnee County District Court Judge Mary Christopher last week entered a summary judgment in favor of the attorney general and ordered Funk Fest Concerts to pay $364,492.50 in restitution to consumers. The order also permanently enjoined Funk Fest Concerts from engaging in similar deceptive marketing practices in violation of the Kansas Consumer Protection Act in the future and to pay a civil penalty and the cost of the attorney general’s investigation.
It is unclear whether funds actually will be available to pay the ordered refunds. During the course of the litigation, Funk Fest Concerts represented to the attorney general’s office that the company is out of business; therefore, it is unknown whether funds exist to satisfy the judge’s order. However, the attorney general’s office is making efforts to determine the company’s status and ability to comply with the judgment.
To be considered for any refunds for which funds may become available, consumers who have not already received a refund from their credit card company should file a complaint with the attorney general’s office. Consumers who already have filed a complaint will be contacted by the attorney general’s office with more information. For more information or to file a complaint, consumers should contact the attorney general’s Consumer Protection Division as soon as possible at (800) 432-2310 or file a complaint online at www.InYourCornerKansas.org.
A copy of the judgment is available at https://bit.ly/35XDwXB.