Federal class action lawsuit is seeking refunds on behalf of ticketed fans after chaos at Copa América final

By Denise Royal and Carlos Suarez, CNN

(CNN) — A federal class action lawsuit was filed Friday on behalf of ticketed fans who were not allowed into the Copa América finals match at Hard Rock Stadium in Miami Gardens, Florida, on Sunday, after “thousands of unticketed fans” breached security, prompting them to shut the stadium gates.

Listed as defendants in the lawsuit are Hard Rock Stadium, international soccer organizations South American Football Confederation and the Confederation of North, Central America and Caribbean Association Football, and security firm Best Crowd Management.

An estimated 65,300 tickets were sold for the match between Argentina and Colombia on Sunday.

The match had to be delayed for more than an hour after fans without tickets forcibly attempted to enter the stadium, according to a stadium spokesperson. After the security breach, a decision was made to reopen the stadium gates “for a short period of time to all fans to prevent stampedes and serious injury at the perimeter,” a stadium spokesperson said at the time – noting a “serious concern of fans being crushed in an attempt to enter.”

The lawsuit claims the defendants “failed to implement an adequate and reasonable security and safety plan,” including not hiring enough security personnel, failing to predict the size of “unticketed attendees” and not establishing a perimeter to check for tickets.

“The scene that unfolded was on television and social media was astonishing, bloodied fans, parents protecting children from criminal acts, fans assaulting each other, stadium staff and local police,” the complaint states.

The complaint says the defendants should have foreseen the chaos that erupted, and they ignored their duty to protect ticket holders.

The lead plaintiff, Das Nobel, said he paid nearly $10,000 for four tickets and almost $15,000 for travel and lodging arrangements. He alleges he did not see anyone scanning tickets when he arrived at the stadium. Instead, he saw the Southeast gate was shut and locked, according to the lawsuit.

Noble said he and his family waited for hours to get into the stadium, before they returned to their hotel. During their wait, he said he “witnessed dozens of fans climbing onto a storefront, breaking into the stadium, scaling fences, and throwing backpacks over,” according to the complaint. Noble alleges he was not allowed into the stadium to watch the match.

“Hard Rock Stadium was responsible for implementing the security plans negotiated with CONMEBOL and CONCACAF and implementing protocols designed for fan safety. Hard Rock Stadium hired BEST security for additional assistance,” the complaint states.

The South American Football Confederation, or CONMEBOL, said in a release Monday that they were “subject to decisions made by the Hard Rock Stadium authorities” and that certain procedures “were not taken into account.”

In response, Hard Rock Stadium said in a statement that it “implemented, and in many cases exceeded CONMEBOL’s security recommendations throughout the tournament and the Final.”

The lawsuit seeks full ticket refunds, interest and reimbursement for travel expenses for people who paid to enter the stadium but were denied entry. The class would consist of people who purchased tickets but were not allowed to watch the match in the stadium.

The complaint does not seek damages related to any personal injuries.

Hard Rock Stadium and CONMEBOL told CNN separately that they cannot comment on litigation.

When asked about refunds for ticketholders who were not allowed into the stadium, a stadium official told CNN on Friday that “fans who purchased tickets on the primary market and were denied entry to the match are encouraged to reach out to Ticketmaster to request a refund. Ticketmaster will take the claim and provide next steps to the customer. Fans who purchased tickets on the secondary market should direct their refund request to the entity from which they purchased.”

The Confederation of North, Central America and Caribbean Association Football, or Concacaf, told CNN, “It would not be appropriate for us to comment on legal matters.”

CNN has reached out to Best Crowd Management for comment.

Another lawsuit was filed by ticket holder Jacqueline Martinez on Monday.

Martinez said she bought four tickets for more than $4,000 to attend the match with her family, but they were unable to enter the stadium because of the crowds. Martinez is seeking $50,000 in damages to cover a refund for their expenses and emotional distress, according to the complaint.

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