Hidden Fees Aren’t Sexy

Kelley Drye & Warren LLP
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It’s a well-known principle (amongst those who practice in certain professions) that if you’re trying to make something sexy, you generally don’t want to reveal everything all at once. Instead, it can be better to reveal things slowly, leaving things to the audience’s imagination, and letting expectations build up before the big moment. Of course, that strategy can backfire if what you ultimately reveal ends up being disappointing to the viewer.

Such was the experience of a woman who purchased a ticket to the Museum of Sex in New York City. She was tantalized by the price of a ticket starting at $36. She clicked through the purchase flow, avoiding the temptations of add-ons such as Love High Sex Gummies (and other items we won’t mention here), and arrived with bated breath at the checkout page, where the climax was ruined by the presence of a $4 service charge, buried under the covers of ​Taxes & Fees.”

We’ve all been there (or somewhere like it). An encounter that starts off with promise and excitement ends up in disappointment and dashed expectations. Our woman didn’t take this lying down, though – she filed a lawsuit against the Museum alleging that the act of teasing her with the false promise of a low price violates New York’s Arts & Cultural Affairs Law.

That law states that entertainment venues and ticket sellers must clearly disclose the total cost of a ticket, including any fees, as well as the portion of the ticket price that represents fees. ​Such disclosure of the total cost and fees shall be displayed in the ticket listing prior to the ticket being selected for purchase” and, except for reasonable delivery fees, ​the price of the ticket shall not increase during the purchase process.”

This case is part of a larger trend of lawsuits and regulatory investigations involving ​dark patterns” and ​hidden fees.” While we recognize that different people are turned on by different things, we’re fairly confident that no one finds hidden fees to be sexy. We encourage you to look through your purchase flow to ensure you’re revealing all of goods – or bads, as the case may be – up front. When it comes to prices, you don’t want to leave anything to the imagination.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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