A German court banned Eventim's aggressive ticket insurance prompts, deeming them manipulative 'dark patterns,' violating the DSA and competition law, despite Eventim reporting record revenue in 2024.


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Eventim's Aggressive Insurance Tactics Banned by German Court

In a significant victory for consumer rights, the Bamberg Higher Regional Court (OLG) in Germany has banned ticket platform Eventim from employing aggressive tactics to push ticket insurance. The ruling, a partial win for the German Federation of Consumer Organizations (vzbv), highlights the growing legal scrutiny of "dark patterns" – manipulative website designs intended to pressure users into unwanted purchases. The case underscores the importance of fair online practices and consumer protection.

Eventim's Repeated Insurance Prompts Deemed Illegal

Eventim's website initially presented ticket insurance prominently in the shopping cart. However, even if a user ignored this offer, a pop-up window repeatedly insisted on the purchase of insurance, warning of the potential “hassle and frustration” of missing an event due to unforeseen circumstances and the potential loss of the ticket price. Only by clicking "I bear the full risk" could users proceed to checkout without insurance. The court deemed this second prompt a violation of the Digital Services Act (DSA) and competition law, stating that it created undue pressure and fear of total financial loss, even misleadingly implying a loss of money even if an event were cancelled by the organizer.

The Court's Decision and Eventim's Financial Performance

While the court allowed Eventim to offer insurance in the shopping cart initially (as it was easily identifiable as optional), the repeated prompting was deemed unacceptable. Eventim's argument that it was merely “reassurance” failed to convince the judges. Notably, the OLG decision isn't final, as an appeal to the Federal Court of Justice is possible. Despite this legal setback, Eventim reported record revenue of €2.809 billion in 2024, a 19.1% year-over-year increase, driven by strong organic growth and several acquisitions, including See Tickets and Latin American ticketing companies.

Metric 2024 Result (€ million) YoY Growth (%)
Revenue 2809 19.1
Adjusted EBITDA 542.2 21.9
Ticketing Revenue 879.9 22.7
Live Entertainment Revenue 1971 17.6

Looking Ahead

This ruling sends a strong message to online businesses employing manipulative tactics. While the outcome of a potential appeal remains uncertain, the decision emphasizes the increasing importance of ethical website design and respect for consumer autonomy in the digital marketplace. For Eventim, the long-term impact remains to be seen, but the case highlights the potential risks associated with aggressive sales practices.

FAQ

The court banned Eventim's pushy ticket insurance prompts, classifying them as manipulative 'dark patterns' that violate the Digital Services Act (DSA) and German competition law. The ruling focuses on the aggressive and potentially deceptive nature of the insurance offers.

'Dark patterns' are manipulative design choices that trick users into making unwanted actions, often through hidden fees or complex opt-out processes. In Eventim's case, the court deemed the way insurance was presented and offered a 'dark pattern' designed to pressure customers into purchasing.

The ruling forces Eventim to cease its current aggressive ticket insurance sales tactics. While they reported record revenue in 2024, this decision will likely impact their future profits, requiring them to redesign their ticket purchasing process to comply with the law. Penalties may also be imposed.

The DSA is a European Union law aimed at making online platforms more accountable for the content and services they host. Eventim's manipulative insurance tactics were deemed a violation of the DSA's provisions regarding consumer protection and fair business practices.

This ruling sets a significant precedent for online ticket sales, emphasizing consumer protection against manipulative sales tactics. Consumers can expect to see clearer, less coercive insurance offers from major ticket sellers going forward, with increased transparency in online transactions.

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