Fyre Festival-Fiasco Results in Several (Million Dollar) Lawsuits
By Amanda Le, University of North Carolina Greensboro, Class of 2019
May 24th, 2017
Summer is in session. What greater way to kick of the season with a luxury vacation for you and ten of your closest friends? Immerse yourself in an experience of a lifetime, where world-class dining, entertainment, fun and adventure are waiting. Step out of your comfort zone and into a new world of accommodations only fit for celebrities and the wealthy few.
[1]The most idolized models on social media, Bella Hadid, Hailey Baldwin, and Emily Ratajkowski are shown running along the beaches of the most private islands of Exuma; endorsing the first ever Fyre Festival. Advertisements like these alude to promises of mystery and adventure, which thousands paid to obtain. [11] Ticket prices ranging from $1,500-$250,000 which included ultra-luxe amenities such as luxury villas, gourmet catering and a line-up of popular musicians such as Major Lazer, Blink 182, and Migos[9]. The highly sought after, Fyre Festival was set to take place on April 28th, with more than 12,000 concert attendees. Unfortunately, all the hype surrounding this coveted event turned out to be too good to be true. As attendees began arriving on the beach of Exuma, signs of disaster ensued. Attendees who managed to reach the beach of Exuma were immediately distracted with free drinks as they patiently waited for the music festival said [10]“to exceed all (their) expectations.” With thousands of anxious guests to accommodate CEO of Fyre Media Incorporated, Billy McFarland and his team scrambled to get the event together, setting up housing tents more synonymous to rescue relief camps than a luxury two-week music festival. Sadly, not only were the lavish villas absent but the lineup of artists like Blink 182, pulled out of the event releasing a statement, [4] “...We’re not confident that we have what we need to give you the quality of performances that we always give our fans.” The music festival fell apart even further when the celebrity caterer pulled out of the event. Guests took to twitter vocalizing their opinions on McFarland’s entree of choice, [4] “...It’s literally bread, cheese and salad with dressing,” not the description of a meal worthy of thousands of dollars. Intoxicated and desperate guests scrambled to the nearest tents, in search for a safe place to sleep; shortages of tents and even mattresses ignited chaos, what some concert-goers described as conditions like that of the hunger games. The first ever Fyre Festival turned out to be a complete failure to which CEO Billy McFarland attributed to [9] “bad weather conditions.”
Billy McFarland took to the web in hopes of exhibiting damage control, releasing a statement two days later, “All Festival goers this year will be refunded in full. We will be working on refunds over the next few days and will be in touch directly with guests with more details. Also, all guests from this year will have free VIP passes to next year’s festival.”
[8] Jung vs. Farland. United States District Court Central District of California. 2 May 2017.StacksMag. Web. 23 May 2017.
Despite McFarland’s attempts at compensation, numerous lawsuits have already been filed. Making headlines, is renowned entertainment attorney Mark Geragos. On behalf of Daniel Jung, a class-action lawsuit of $1,000,000 has been filed against co-founders Billy McFarland and rapper Ja Rule,[10]
“alleging fraudulent behavior that cost attendees thousands of dollars on travel, lodging and time off of work.” The charges against Fyre and conspirators are narrowed down to [10] “fraud (on the premise of) negligent misrepresentation, breach of contract, and breach of the covenant of good faith and fair dealing.” Defense for the case surrounds prominent evidence such as the festival’s promise of luxury accommodations when in reality the event lacked necessities; adequate food, shelter, medical care or even water. To make matters worse, many attendees were advised to load their desired funds into wristbands to use during the festival versus carrying cash on them. What seemed like a step toward convenience only added up to a recipe for disaster, as many could not afford to purchase a basic taxi or bus fare.
[3] Chinery vs Fyre. Superior Court of California County of Los Angeles. 2 May 2017. Truth in Advertising. Truth in Advertising, 4 May 2017. Web. 23 May 2017.
[4] (Court Case pictured above:) In relation to the previous lawsuit filed by Mark Geragos, a second separate suit has been filed by John Girardi on behalf of Chelsea Chinery, Shannon McAuliffe and Desiree Flores, on the grounds of “breach of contract, negligent misrepresentation and fraud.” Defense for this case rests on the notion that the accused party intentionally meant to mislead their audience by posting pictures and endorsements featuring yachts, and supermodels enjoying themselves on a private island claimed by Fyre Media Inc. to once be owned by drug kingpin, Pablo Escobar. Injury attorney Girardi plans to pursue the case against Fyre Media Inc. on these accusations through the Los Angeles County Superior Court.
[6] Herlihy vs Fyre. United States District Court Southern District of New York. 3 May 2017. Truth in Advertising. Truth in Advertising, 4 May 2017. Web. 23 May 2017.
A similar class action suit was filed on May 3rd by the attorneys of Matthew Herlihy and Anthony Lauriello within the boundaries of the Southern District Court of New York. The defense for this case falls in-tow with the lawsuits that have been filed previously, based on [5] “false representations...negligent behavior exhibited by defendant’s inability to organize, prepare and provide attendees with the experience that defendants marketed as being a luxurious private getaway.”
[7] Herlihy vs Fyre. United States District Court Southern District of New York. 3 May 2017. Truth in Advertising. Truth in Advertising, 4 May 2017. Web. 23 May 2017.
In addition, an almost identical lawsuit was filed in New Jersey by another festival attendee Andrew Petrozziello, who never managed to make it to the Island of Great Exuma. Similar allegations of [5] “breach of contract and violation of the state (of New Jersey’s) consumer fraud act.” To add more insult to injury, Fyre Media Inc. will be subject to two more lawsuits by Kenneth and Emily Reel from North Carolina and another separate lawsuit by the [5] “Pennsylvania-based organization known as the National Events Service (NES).” NES was hired to provide adequate medical care for festival attendees, however the organization claims their staff was subject to damages, and is seeking more than $240,000 due to the “breach of contract, fraud, and negligence.”
The most current lawsuit comes from the great state of North Carolina where Emily and Kenneth Reel are suing not only co-conspirators, Ja Rule and Billy McFarland but are choosing to extend the suit, targeting an advertising company associated with the event, known as Matte Projects. The Reels are seeking $5,000,000 and have chosen to file the case under Florida jurisdiction, as Florida was the state in which the couple was stranded in during the event in question. The accusations against Fyre Media as well as Matte Projects include [5] “fraudulent and negligent misrepresentation, and violation of the Florida Unfair and Deceptive Trade Practices Act.” According to the 2016 Florida Statutes, (501.202) a business entity may be accused of violating the Florida Unfair and Deceptive Trade Practices Act, if the party [6] “engages in unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the conduct of any trade or commerce.” Reviewing the lawsuits provided readers may conclude that defendants, Billy McFarland and rapper Ja Rule did in fact violate the Florida Unfair and Deceptive Trade Practices Act, along with the numerous allegations of “breach of contract, fraud and negligent misrepresentation.”
Apparently, despite current events, Fyre Media Inc. has chosen to relaunch a new music festival within the upcoming year. CEO Billy McFarland maintains hope for the future of Fyre Media Inc. releasing the statement, “After speaking with potential partners, we have decided to add more seasoned event experts to the 2018 Fyre Festival, which will take place in the United States beach venue.” As compensation for this year’s fiasco, attendees will receive free VIP tickets to next year’s event, but before we all hop on the #FyreFestival2018 bandwagon it is in all our best interests to exercise caution before deciding whether to attend next year’s event. Fortunately for us Netflix junkies, the recent series of unfortunate events further justifies our summer plans to stay at home and binge watch our favorite season of Grey’s Anatomy. Who’s with me?
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#KimKardashian is getting dragged on social media for defending YouTube makeup artist #JeffreeStar after not fully educating herself on past racist remarks made by the beauty influencer. Kim has since issued an apology and stated that she's "naive" on the subject of racism. But, with her level of popularity and wife and mother of biracial kids, should she be?? --- For us, it's no excuse to be that naive. That's why Google and millions of books on racism, civil rights, slavery etc are readily available. Hopefully, Kim learns from this that it's best to do your research on whomever you choose to work with (or praise) and not rely on their number of followers to justify your actions. Also, Kim should understand that we don't forget, so telling us to "get over" racism only levitates our disdain for her and the #KKW brand. So, for everyone that's attacking her and Jeffrey, stop spending on their products. Best believe they'll feel the wrath then. #stacksmag #stacksmagazine #beauty #makeup
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