Madonna shot back at fans who sued her for starting her concert late saying they got exactly ‘what they paid for’ and no true fan could expect the Queen of Pop to perform on time, court documents revealed.
Concertgoers Michael Fellows and Jonathan Hadden accused the pop icon and concert organizer Live Nation of false advertising after the 65-year-old singer was three hours late for her set at Brooklyn’s Barclays Center on December 13.
The lawsuit filed in January claim the late starts constitute a ‘wanton exercise in false advertising, negligent misrepresentation and unfair and deceptive trade practices.’
Court documents obtained by DailyMail.com show attorneys for the Material Girl filed a motion to dismiss the lawsuit on Wednesday arguing it was illogical for them to expect her to start the show on time.
‘No reasonable concertgoer – and certainly no Madonna fan – would expect the headline act at a major arena concert to take the stage at the ticketed event time,’ the filing said.
‘Fans got just what they paid for: a full-length, high quality show by the Queen of Pop.’
Madonna shot back at fans who sued her for starting her concert late saying they got exactly ‘what they paid for’
Concertgoers Michael Fellows and Jonathan Hadden (pictured) accused the pop icon and concert organizer Live Nation of false advertising
Her attorney’s also referenced a Facebook post by Hadden from the day after the concert which he share a photo of the tour poster and said, ‘Caught her North American tour opener last night! An homage to NYC! Incredible, as always! I’ve never missed a Madonna Tour!’
‘In other words, the concert met or exceeded his expectations,’ said the filing.
In their lawsuit, the plaintiffs argued it was false advertising that they experienced damages because the concert did not start at the time listed on the ticket.
They said because the show started much later than expected, it put ticketholders at risk due to ‘limited public transportation, limited ride-sharing, and/or increased public and private transportation costs at that late hour.’
‘In addition, many ticketholders who attended concerts on a weeknight had to get up early to go to work and/or take care of their family responsibilities the next day,’ said the lawsuit.
Madonna’s team argued they have nothing to back that up to and said ticketholders who had to stay up late then get up early the next day ‘is not cognizable injury.’
‘The Complaint itself concedes that Madonna fans, like Mr. Hadden, would not expect Madonna to appear onstage at the printed 8:30 p.m. event time, alleging that she has a “years-long history” of “arriving several hours late to prior concerts,” such that “Plaintiffs knew or should have known that the Concerts would not start at 8:30 p.m.,”‘ said the filing.
‘Reasonable concertgoers also know that concert lengths vary based on numerous factors, such as the duration of the opening act and the artist’s set list for the night. So, they would not reasonably expect the night to end by 10:30 p.m. unless an advertisement or ticket says as much—and none did here.’
Attorneys for the Material Girl said no real Madonna fan would expect her to start her concert on time
Madonna’s lawyers said the damages the plaintiffs are claiming, such as having to get up early the next day, are ‘not cognizable’
It was explained that the delay was due to technical issues and the show had been pushed by only one hour
The plaintiffs acknowledge Madonna had health issues – she faced a life-threatening bacterial infection last year – which caused the original concert dates to be postponed from July to December – but do not see that as an excuse for the delays on the night.
Despite the delay, she put on a very raunchy show and amazed her fans while performing her 45-song setlist highlighting her record-breaking 40-year career.
Later, it was explained the delay was due to technical issues and had been pushed by only one hour as the opening act, DJ Honey Dijon, took the stage at 8:30 p.m.
The Queen of Pop eventually took the stage and began her show at 10:45 p.m.
However, many of the music icon’s fans took to social media to gripe about waiting for the Material Girl hitmaker to begin her show.
One X user tweeted: ‘I don’t give a f*** if you’re Madonna, if you’re 3 hours late, you’re just f***ing rude.’
‘Concert supposed to start at 8:30. Madonna started at 11pm. Whole arena chanting bulls*** at her lateness. Great show but went way too late,’ another person wrote, adding that DJ Honey Dijon opened the show with ‘boring house music’.
‘2:30 hours late. I WANT A REFUND NOW,’ another X user demanded.
‘I love Madonna but it’s really f***ed up how she’s literally like 2 hours late for her FIRST show in the us,’ another tweeted.