Buffalo music promoter facing lawsuit following canceled music festival

BUFFALO, N.Y. (WIVB) – A Buffalo music promoter is facing a lawsuit after allegedly defrauding customers of over $14,000 in a music festival scam.

The promoter, Cody Conway, and his company Buffalove Music Festival LLC. are the subject of a lawsuit from New York Attorney General erc Schneiderman.

Conway promoted the Buffalove Music Festival 2017, which was supposed to take place from July 20 to July 23 in Franklinville.

The complaint alleges that Conway canceled the festival weeks before the scheduled date and failed to refund customers who purchased tickets to the event.

A total of 146 New York residents purchased tickets from Conway for $14,896.42, including service fees. Tickets ranged from $85 to $125 a piece.

After receiving consumer complaints, the Attorney General’s office launched an investigation into Conway. As alleged in the complaint, the investigation uncovered that Conway cancelled the festival on June 5 and although he promised to provide refunds within 90 days, he failed to do so.

The AG’s Office learned that Ticketfly, a site through which Conway sold tickets, made a payment totaling $13,305 to Conway for the tickets that were purchased on their site, and expected that Conway would refund customers. When he failed to do so, Ticketfly provided the refunds to consumers who purchased tickets through their site. However, some would-be concertgoers may have made payments directly to Conway – and therefore did not receive refunds.

Conway still owes one customer $1,000 for a cabin rental during the weekend of the festival, the AG’s office said.

The AG’s Office served Conway with a subpoena during the investigation, requiring that he produce  records of the ticket sales and have his sworn statement taken. Conway allegedly failed to cooperate with the investigation, leading the AG’s office to file a lawsuit against him.

The AG’s office seeks to require that Conway disclose all persons who made payments directly to him and refund those payments.

The lawsuit also seeks to stop Conway from promoting concerts or engaging in business in New York until he pays full restitution, as well as penalties and costs.

“The Attorney General encourages consumers purchasing tickets for an event to avoid paying by debit card, wire transfer or pre-paid money transfer,” the AG’s office said in a press release Wednesday. “If the event is cancelled, consumers may have a difficult time getting their money back. Consumers who pay by credit card, however, can dispute the charge if the event is cancelled.”

Consumers who believe they are the victim of a scam should file a complaint online or by calling the consumer helpline at 1-800-771-7755.

 

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