Hoops

ACCC engaged in ticket refund discussions

Jesus we live in a good time.. Whinge whine then whinge a little more. Post-event refund? Make sure you provide proof of your silver spoon while you're at it.

Davis dropped out over a month earlier, Durant was injured during the Finals and thus was never a possibility at all, and George was never in the squad.

That would've been a start.

So of the nine players advertised, two were never in the squad to begin with and a further five had withdrawn before the ad was posted. Just two of the nine advertised players were any chance at all of being in the game.

Channel 9 has just stated that refunds are being given for Saturday’s game by emailing enquiries@teglive.com.au

"weren't they promoting like LeBron and Kyrie at the start? When was the last time they played in a WC team?"

Kyrie played in the last WC.

Basically, the promoters needed to change their advertising materials once the players started dropping out, but were too lazy or penny-pinching to do so.

That gives them no defence in a court of law or court of public opinion as far as I’m concerned.

“Failing that, there are definitely issues with advertising and promoting the appearance of players where the promoters had knowledge of, or ought to have knowledge that those players on the promotional material were definitely not playing.”

I think this is the biggest problem for the promoters. If you continue to advertise a product with certain features and promote those features, after you learn that the manufacturer has deleted those features, you are in strife.

It raises key legal arguments so it will be interesting to see where it goes.

If they advertised those players prior to their withdrawal, or knowledge of their withdrawal, they could argue perhaps that (1) those players were displayed as "puffery" (as a defence) or (2) that the reasonable person should not have expected that those players would definitely be playing.

However, there are issues with those defences as: (a) its arguably not puffery because those players appearing, and playing for team USA, is not of such an extent that no reasonable person would expect it (i.e. it was entirely plausible they would attend and play) and (b) there is issues in itself in my view of advertising players who aren't confirmed to appear and play, and the reasonable person would expect that if those players were advertised as appearing because they featured in the marketing and promotion, that they would be playing (perhaps slightly different context, but you wouldn't see UFC advertise a fight between X and Y if they weren't confirmed to fight).


Failing that, there are definitely issues with advertising and promoting the appearance of players where the promoters had knowledge of, or ought to have knowledge that those players on the promotional material were definitely not playing.

Not sure on how it works in Australia, but under NZ law, those advertising in trade have to have "reasonable grounds" for representations made; if theres an equivalent in Australian law, it would be very hard for the promoters to say that they had reasonable grounds to continue to publish those representations where those players had withdrew from the squad prior to those representations.

Also, they should look into who they were promoting as coming when they released the tickets and how much they were priced accordingly...

They should take into consideration how realistic it was that the top shelf players they were promoting to drive tickets sales were to actually play, as weren't they promoting like LeBron and Kyrie at the start? When was the last time they played in a WC team? There has to be a realistic expectation of a level of a service if they're going to charge what they're going to charge...

If people had paid for the quality level of the players that were coming, I doubt many would actually be going through this hassle...

This appeared on Facebook on July 24:


Explicitly mentioned are James Harden (withdrew July 20), Damian Lillard (withdrew July 23), CJ McCollum (withdrew July 20), Bradley Beal (withdrew July 22), and Kemba Walker (still in the squad).

Pictured are James Harden (withdrew July 20), Anthony Davis (withdrew July 14), Kevin Durant (never in the squad), Kyle Lowry (in the squad at the time, since withdrawn) and Paul George (never in the squad).

So of the nine players advertised, two were never in the squad to begin with and a further five had withdrawn before the ad was posted. Just two of the nine advertised players were any chance at all of being in the game.

Were noteworthy NBA players being promoted AFTER they withdrew from Team USA?

I can see them definitely taking a good look at it given all the complaints, but imo theres no real case.

Nothing to see here, accc are toothless tigers, the last election was a continuous lie, that’s advertising.

Why LK? TEG are the promoters engaged by BA.

I knew this would happen.
I’m thinking the amount of people requesting a refund is about to explode. If it does, this debacle will end up costing LK a pile of cash.
They should have gotten on the front foot weeks back, offered refunds and moved the games to Laver or Melb Arena (whichever available)

I am looking for players to play CABL division 1 or 2.

If you have lost interest at your current club, dont think you are getting the court time you deserve, need a change, are moving to Adelaide and looking for a club to play with then phone 0431 080 557.

Looking for people that are willing to work hard, team player and want success then give me a call.