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Fyre Festival continued to sell VIP passes after cancelation, seventh lawsuit alleges

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It doesn’t seem extraordinary that Fyre Festival has faced the legal trouble that it has thus far when considering its short, mired lifespan. Indeed, the surprising notion to comprehend is just how recently the debacle transpired. Since the event fell apart just under three weeks ago, on the evening of April 27, Billy McFarland and Ja Rule’s Fyre Media has faced no less than seven lawsuits, with new allegations arising on a seemingly daily basis.

Pitchfork reports that the newest suit – yet another class action – was filed in New York this Tuesday, May 9, on behalf of plaintiff attendees Sean Daley and Edward Ivey. According to the outlet, the newest lawsuit seeks damages for several violations covered by previous suits (claims of breach of contract and negligent misrepresentation), but also “alleges unjust enrichment and violation of New York state business law.”

The most stirring claim in Daley and Ivey’s case, however, is its claim that Fyre Festival continued attempting to profit off of attendees after the event’s cancelation by “offering VIP upgrades and encouraging attendees to put money into their cashless ‘Fyre Band’ payment systems.” Reportedly, festival organizers informed acts on the lineup of the cancelation “long before attendees were informed.”

According to the suit:

“When Defendants [McFarland, Ja Rule, and Fyre Media] became aware before the start of the festival that it would not actually happen, they notified the scheduled performers and certain festival employees not to fly out for the event. However, Defendants did not notify Plaintiffs [Daly and Ivey] or the thousands of festival-goers who showed up at the event that it was canceled. Instead, Defendants were actively trying to sell upgraded VIP tickets to existing ticket holders.”

Pitchfork summarizes the complaints levied by the plaintiffs through paragraphs 40 and 41 of their suit:

“40. Defendants represented, among other things, that (1) the Fyre Festival would take place on a private island; (2) the island was previously owned by infamous drug lord Pablo Escobar; (3) food and beverages would be provided, including VIP food packages and upgrades; (4) the living quarters would be fully furnished permanent structures; and (5) the event would be attended by celebrities, and that top-level musical talent would be performing.

41. All of the representations made by Defendants alleged in paragraph 40 proved to be completely false.”

Read the full lawsuit at Pitchfork.

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