can you claim damages if you paid too much?

While the French Minister of Commerce promised, Tuesday April 14, “sanctions” after the fiasco of ticket sales for the Quebec singer’s tour, could customers who believe they have paid an abusive price claim compensation? We asked the question to Aude Guyon, associate lawyer at FBL lawyers.

Will the outpouring of love towards Céline Dion end in court? Friday April 10, hundreds of thousands of people tried to buy a concert ticket to see Celine Dion. If the majority did not manage to acquire a place, many buyers decried an opaque process in which prices soared until the very last moment. After the controversy, “ sanctions » were promised by the Minister of Commerce Serge Papin, while a Fraud Repression investigation is underway. But couldn’t consumers claim damages, in particular for those who believe they have paid an abusively high price?

If the prices, announced from 89.50 to 298.50 euros, were so high – up to 12,000 euros according to the senator of Loire-Atlantique, Karine Daniel (PS) – it is because of dynamic pricing, a practice which consists of fluctuating the price of places according to supply and demand, in real time. The stronger the demand, the higher the price will go. This dynamic pricing is completely legal, but the consumer must be aware of it. clearly and fairly informedin order not to fall into deceptive commercial practices », underlines lawyer Aude Guyon, partner at FBL lawyers. However, the whole issue of a possible appeal rests on this point.

The French are unaccustomed to this practice

« When making their purchasing decision, the consumer must have understood what dynamic pricing consists of. He must also be aware that the price displayed is not necessarily the price he will pay. », continues Maître Guyon. On the three official ticket sales platforms, consumers therefore had to read, before validating the basket, that the prices could “ change according to demand », which is for example the case with this Internet user who shared a video on X.

We can see a pop-up appear with this mention of price change, when validating its places which were, suddenly, multiplied by two, going from 426 to 855 euros – for two places in the pit.

More Did the customers who actually read this notice really understand what it meant? For Aude Guyon, that’s the whole question. Especially since “ the French were not aware, at that time, of this practice, in particular for concert tickets “. Until now, no controversy linked to the abuses of dynamic pricing had taken place in France, like the one which affected the Oasis tour in the United Kingdom in 2025.

We know about “ train tickets, plane tickets, hotels, the price may increase depending on the period, depending on requests. But when it comes to concert tickets “, the practice remains unusual in France, details the expert in competition law, commercial contracts and data.

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Was the information given sufficient in a context of extraordinary communication, fan-mania and the race to obtain the precious ticket?

And even if the platform clearly indicated that it was dynamic pricing, the consumer « could he anticipate that the price would be multiplied by two, three ” or even four, especially in such a context ” speculation on tickets, with huge demand, and few offers » she asks, highlighting very special circumstances.

In an attempt to get tickets to the sixteen concerts that the singer will give, records have been reached. During the drawing phase, nearly 9 million registrations were recorded, for 330,000 places. The six years of absence, the promotion of the event involving a laser show on the Eiffel Tower, and the fan-mania which surrounded the return of the Quebec artist caused prices to rise to extremely high levels. “ This is a typical case where dynamic pricing can produce significant differences between the displayed price and the price the consumer will pay. », analyzes Aude Guyon.

However, the latter “has– did he understand how the price is calculated, was he aware of the fairly significant difference that there can be in such a context » between the start and the end of the transaction, asks the lawyer. Especially since with such a system, we have consumers who absolutely want their ticket. “ You have to go quickly, you have to take your place. So the time to think, it’s also not really there », observes the lawyer.

In other words, was the information provided by the sales platforms sufficiently clear and understandable for the consumer? EIn a negative case, the General Directorate for Competition, Consumer Affairs and Fraud Control (DGCCRF) could conclude that there was a deceptive commercial practice, leading to fines of up to 10% of the platform’s turnover. “ And if the deceptive commercial practice is proven, it is a criminal offense. The file can be sent to the prosecutor to decide whether to prosecute », adds Aude Guyon.

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Future collective action?

In the event of a fine imposed by the DGCCRF, the amount collected will not go into the pockets of the injured customers, but into those of the Public Treasury. Could consumers then file appeals? “ In terms of ticketing, there is no right of withdrawal. But the customer who feels wronged can always request compensation. », analyzes Maître Guyon.

And rather than taking legal action individually, which would represent a significant cost for each customer, consumers could go through approved associations, as part of a collective action, Aude Guyon tells us. This type of procedure allows several people who have suffered the same harm to “ collectively assert their rights before a court. In practice, each customer can gather evidence (such as their invoice and any screenshots) and contact one of these approved organizations listed on this government site.

And the fact that one of the three official ticket offices (AXS) has recognized, among our colleagues from France Infoand « temporary incident » among some clients, will not exempt him from his responsibilities, explained the lawyer. For the latter, ticket sales platforms should clearly indicate that in the event of high demand, actual prices may be very different from the displayed price. The fact remains that if this practice becomes generalized for all concerts, who will still be able, with prices reaching such heights, to attend concerts?

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