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Thunder on the Mountain organizers face lawsuit over claims of not refunding tickets

By Hoang Tran | Nov 12, 2015

FORT SMITH, Ark. (Legal Newsline) – Several concert goers are suing music festival organizers for not refunding their tickets after cancellation of the festival.

Plaintiffs Sheila Alexander, Brielle Thomas, Tiffany Dailey and Tisha Gribble, on behalf of themselves and all others similarly situated, filed a class action lawsuit on Nov. 4 in the U.S. District Court for the Western District of Arkansas against Pipeline Productions Inc., Backwood Enterprises LLC, The Madison Cos. LLC, and Horsepower Entertainment LLC, citing breach of contract and unjust enrichment.

The plaintiffs allege that the defendants abruptly canceled the Thunder on the Mountain music festival at Mulberry Mountain near Ozark, Arkansas. The festival was to supposedly include country musicians such as Carrie Underwood, Zach Brown Band, and Big & Rich and last from June 26 to June 28. On June 15, just 11 days before the festival was to begin, the defendants canceled it but have allegedly kept the money received from them by buyers of festival tickets, camping and parking passes and vendors, the complaint states.

The plaintiffs argue that the defendants were aware of financial troubles due to funding the festival but kept it hidden from the public. When the festival was abruptly canceled, defendants allegedly promised ticket buyers, camping and parking purchasers full refunds within 90 days for online purchases and immediate refunds to those who purchased at outlets. The promised refunds have never allegedly arrived.

The plaintiffs are now demanding a trial by jury and are seeking punitive damages, restitution, court costs and attorney fees, and any other relief deemed just by the court. They are represented by Nate Steel, Jeremy Hutchinson, and Scott Poynter of Steel, Wright & Collier PLLC in Little Rock, Arkansas.

U.S. District Court for the Western District of Arkansas case number 5:15-cv-05276-PKH

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