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Concert promoter 'risks legal action'

Fans seeking ticket refunds from the cancelled Redman / Method Man rap concert last weekend, have the option to take the promoters to court - this from the head of the Department of Consumer Affairs (DCA).

DCA inspector Marisa Sharpe said she is keeping a close eye on the situation regarding customer complaints of refunds of ticket money. And she warned that if promoter Dennis (Merts) Richardson is not forthcoming with reimbursements, then he risks facing legal action.

She explained that the ticket served as a contract and failing to deliver what was stated on the ticket results in a broken contract.

Mr. Richardson had a promoter's worst nightmare come true when the concert was cancelled because of hard rain last Saturday.

And now, several hundred fans are looking for full refunds of tickets that cost them $70.

The Royal Gazette understands that in place of ticket refunds, Mr. Richardson, who is also the owner of The Source clothing store, had offered those who produced their ticket stubs, percentages off of items of clothing in the store.

And although Mrs. Sharpe pointed out that the DCA cannot act on the matter under the Consumer Protection Act, she advised fans that legal action is an avenue that can be sought if they wanted to see full results.

She said: "That is on our legal advice. Basically the Consumer Protection Act 1999, does not apply to this case, because he does not have a habit of engaging in unfair business practises. However, the ticket displayed the main event and that is like a binding contract. Unfortunately it did not take place and if he does not give refunds, they (the fans) as a group can take him to court. They have the right to do that."

She added: "I was made to understand by the promoter's wife that it was a rain or shine concert.

That means that the show could have gone on even if it rained. Essentially he broke the contract."

But Mr. Richardson, when contacted this week, told The Royal Gazette that he had no choice but to cancel the concert, because the hard rain posed the risk of electrocuting the performers when they appeared on stage.

He said: "Because of the rain, two of my other artists got shocked. What am I supposed to do? Tell two platinum selling artists to go out there in the rain and risk their health?"

As of yesterday, Mr. Richardson, who said he understands the frustration of the fans, maintained he would give a decision about ticket refunds tomorrow, after meeting with his partners.

He is believed to have lost thousands of dollars as a result of the shortened concert, but said he is determined to carry on providing entertainment to Bermuda.

He said: "I'm going to be sitting down with Government very soon to discuss arranging another venue for the Island.

"We have major plans on this Island for concerts, and the community wants them, so I and other promoters believe something must be done. Hopefully, something can be arranged."

The promoter said that, although some people had complained, many had stopped him in the street to voice their support.

He said: "I have had no more calls from people today (complaining). Personally, I think it was the initial blast where people are, at first, upset.

"Today I have had more support than negativity. People have been stopping me in the street and saying 'we know what you are going through, we know it has been stressful, and we don't want our money back'. They are saying 'we know that you did something that nobody else had the nerve to do'.

"So I would say we have had support from 90 percent of the community, and that means so much to me."

Mr. Richardson said he would not let the weather problems at the weekend deter him from putting on concerts in the future.

He added: "I refuse to let one unfortunate incident happen and let the community suffer, when I know I can bring them the quality entertainers they want to see."

And he said he was hoping to bring Jay-Z And The Rockafella Family hip hop band to the Island, as soon as Bermuda had an indoor venue.