MLS and Whitecaps Settle $347,000 Lawsuit Over Messi's 2024 No-Show
The Vancouver Whitecaps and Major League Soccer have been compelled to pay $347,000 to resolve a class-action lawsuit stemming from a 2024 regular-season game where Lionel Messi did not appear, despite being heavily featured in promotional materials. This settlement follows a civil claim that accused the organizations of misleading marketing practices.
Promotional Hype and Fan Disappointment
During his highly anticipated first full season in MLS, Lionel Messi was prominently marketed by the Whitecaps and the league ahead of Inter Miami's visit to Vancouver in May 2024. The advertising campaign, which also included former Barcelona stars and Inter Miami teammates Luis Suarez and Sergio Busquets, allowed the team to significantly increase ticket prices and maximize revenue. Fans expected a record-breaking crowd, with many paying premium prices, including one individual who spent $335 on a ticket for her brother traveling from Italy.
However, to the dismay of supporters, Messi, Suarez, and Busquets were all omitted from Miami's squad for the match, meaning they did not even travel to Vancouver. The Whitecaps issued a statement prior to the game, noting, 'While we haven’t received an official update on the availability of Lionel Messi, Luis Suarez, and Sergio Busquets for this weekend, we understand they will not make this trip.'
Legal Action and Allegations
As reported by The Athletic, a civil claim was filed against both Vancouver and MLS by Ho Chun, a resident of British Columbia and representative plaintiff. Chun purchased two tickets for the game through Ticketmaster, the official seller, at a total cost of $404. His legal team argued that he was aware of promotional materials featuring Messi, Suarez, and Busquets before buying, which they claimed 'represented, implied or suggested' that all three players would participate.
The lawsuit alleged that these representations were made across various media platforms, including billboards, print ads, internet advertising, and social media, controlled by the Whitecaps and MLS. It described this as a 'classic case of bait-and-switch,' with the announcement of the trio's absence coming just two days before the game. The complaint sought recovery of part of the ticket price and cited violations of the Federal Competition Act and the British Columbia Business Practices and Consumer Protection Act, as well as a breach of contract.
Settlement Details and Denials
The Whitecaps and MLS have settled the lawsuit for a total of $347,000 (CAD $475,000), with the funds to be donated to three charitable organizations: KidSport BC, Canada SCORES, and BGC South Coast BC. After deducting legal fees of $156,000 and a $1,500 honorarium for the representative plaintiff, the charities will receive a six-figure sum to distribute.
In the settlement, both parties denied any liability or involvement in the decision for Messi, Suarez, and Busquets not to play. Court filings indicate they agreed to settle to avoid further legal costs. The agreement explicitly states that it makes no factual findings or conclusions and does not imply 'any wrongdoing or liability.'
Policy Changes and Future Implications
As part of the settlement, the Whitecaps have committed to revising their ticketing terms and conditions. They will now include a disclaimer that team rosters and player participation are subject to change and cannot be guaranteed, adding that 'player depictions in marketing materials are for reference purposes only.' Similar language has been incorporated into the Ticketmaster website to prevent future misunderstandings.
This case highlights the risks associated with high-profile athlete promotions in sports marketing and underscores the importance of clear communication with fans regarding player availability.
