MLB Ballpark App Lawsuit Stays in Court as Judge Denies MLB's Bid to Arbitrate Ticket-Theft Claims
A Manhattan federal judge has refused to send the MLB Ballpark app lawsuit over vanished tickets to arbitration, finding MLB Advanced Media failed to prove fans agreed to its arbitration terms. Six months after MLB beat 5,628 mass-arbitration claimants on the same issue, assent has now cut against it.
Courts Desk··12 min read

MLB Ballpark app lawsuit: the ticket-theft class action stays in federal court
The MLB Ballpark app lawsuit over tickets that vanished from fans' digital wallets will stay in federal court: a judge in the Southern District of New York has denied MLB Advanced Media, L.P.'s Motion to Compel Arbitration, finding that the league's digital arm failed to show the plaintiffs ever agreed to the terms containing its Arbitration Clause. Law360 reported the ruling on October 1, 2026, in Lanham v. MLB Advanced Media, L.P., No. 1:25-cv-07780, the proposed class action filed after fans across the country found their tickets missing, and often resold, during the September 2025 stretch run.
The decision does not touch the merits. It decides only where the case is heard, and the answer for now is a courtroom rather than individual arbitration under the Class Action Waiver that MLB's online terms contain. That matters because the waiver, if enforced, would have ended the class claims outright and pushed every fan with a stolen ticket into a separate proceeding worth, in most cases, the face value of a few seats.
The ruling also completes an unusual symmetry. Six months earlier, in the same courthouse, MLB Advanced Media defeated a Mass Arbitration campaign by 5,628 video-privacy claimants because they could not prove a live arbitration agreement with the company. This time the company was the party seeking arbitration, and it ran into the same evidentiary wall from the other side.
What did the judge decide in the MLB Ballpark app lawsuit?
The court denied MLB Advanced Media's motion to compel arbitration because MLB did not carry its burden of showing that the plaintiffs agreed to the terms that contain the arbitration provision. As reported, the ruling turned on contract formation (whether a binding agreement to arbitrate exists at all) rather than on the scope of the clause, its fairness, or any defense such as Unconscionability.
Three consequences follow directly from that framing:
- The class allegations survive this stage. Without an enforceable agreement, there is no class waiver to apply, so the fans' claims remain eligible for Class Certification under Rule 23 later in the case.
- Any Delegation Clause is irrelevant. Even a clause assigning Gateway Questions of Arbitrability to the arbitrator cannot operate unless the party seeking arbitration first shows that an agreement was formed. Under section 4 of the Federal Arbitration Act (FAA) and Granite Rock Co. v. International Brotherhood of Teamsters (2010), formation is a question for the court.
- The fight shifts to the pleadings. MLB's separate motion to dismiss, which argues the complaint does not allege that the app malfunctioned or was breached, is the next major hurdle for the plaintiffs.
The full text of the order was not publicly available when this article was published, and the presiding judge, the precise version of the terms MLB relied on, and the evidence it submitted have not been confirmed. This article reports only what the published coverage and the court record establish.
What is the MLB Ballpark app lawsuit about?
The MLB Ballpark app is the league's official ballpark companion and digital ticket wallet, developed by MLB Advanced Media. Fans use it to buy tickets, store them, scan in at the gate, and forward seats to friends. In early September 2025, fans of clubs from Los Angeles and Detroit to Miami, Boston and Seattle began posting on Reddit and Facebook that tickets had disappeared from their accounts shortly before games, sometimes reappearing for sale on resale platforms such as StubHub and SeatGeek.
James Lanham filed the first lawsuit over the problem on September 18, 2025. According to his complaint, he bought tickets to a Chicago Cubs home game at Wrigley Field about two weeks in advance and stored them in the app. On game day they were gone. He says he missed roughly the first hour of the game, had to buy replacement tickets, and then spent hours after the game trying to get a refund. The complaint identifies him as domiciled in Joliet, Illinois.
The complaint calls the app "woefully insufficient in terms of data security protocols" compared with industry practice. It points to three missing protections in particular:
| Alleged gap | Why plaintiffs say it matters |
|---|---|
| No two-factor authentication | A stolen password alone was enough to take over an account and its tickets |
| No mandatory delay on ticket transfers | Hijacked tickets could be moved and resold before the owner noticed |
| No option to print tickets | Fans could not hold a backup outside the app |
The complaint also alleges MLB did not publicly disclose a breach or notify affected users. It pleads violations of state consumer protection laws, negligence, breach of implied contract and unjust enrichment, and seeks restitution, actual and statutory damages, and injunctive relief on behalf of a proposed class of app users.
Was the MLB Ballpark app hacked, or was it credential stuffing?
MLB's position is that its systems were not breached. In September 2025 the league said it had identified "bad actors" who used login credentials leaked or stolen in breaches of other websites to get into fans' accounts, that there was no evidence MLB's own systems had been exploited, and that the app was operating properly. That pattern, reusing passwords harvested elsewhere, is known as credential stuffing. Security commentators noted at the time that the app did not offer multi-factor authentication, which is the standard countermeasure.
That factual dispute is the heart of the merits. MLB's motion to dismiss argues that the complaint does not actually allege the app malfunctioned or suffered a security breach. The plaintiffs' theory is that a ticketing platform holding paid-for, transferable property owes users protections that make credential stuffing ineffective, whether or not its servers were penetrated. The arbitration ruling does not resolve which framing is right; it only ensures a court, rather than individual arbitrators, will decide.
Why did MLB lose its motion to compel arbitration?
MLB lost because a party that wants to arbitrate must first prove the other side agreed to arbitrate, and the court found MLB's showing fell short. The reported ruling did not reach whether the clause is fair or enforceable; it stopped at whether the plaintiffs ever accepted it.
The Second Circuit has developed a detailed body of law on online assent, and it is the framework any judge in Manhattan applies. A motion to compel is decided on a standard similar to summary judgment: the movant must show an agreement, and if the opposing party raises a genuine dispute about formation, section 4 of the FAA calls for a trial on that issue rather than an order to arbitrate.
On the substance, the cases ask two questions: did the user have reasonably conspicuous notice of the terms, and did the user unambiguously manifest assent to them? The leading decisions illustrate how outcomes turn on interface design and evidence:
| Case | Interface | Result |
|---|---|---|
| Specht v. Netscape Communications Corp. (2d Cir. 2002) | Terms reachable only by scrolling below a download button | No agreement |
| Nicosia v. Amazon.com, Inc. (2d Cir. 2016) | Terms link on an order page cluttered with other content | Formation could not be decided as a matter of law |
| Meyer v. Uber Technologies, Inc. (2d Cir. 2017) | Sign-up screen stating that creating an account means agreeing to linked terms | Agreement enforced |
| Starke v. SquareTrade, Inc. (2d Cir. 2019) | Terms sent by a link in a post-purchase email | No agreement |
| Edmundson v. Klarna, Inc. (2d Cir. 2023) | Sign-in screen with a terms notice near the action button | Agreement enforced |
Two practical lessons come out of those cases. First, a company must show what this user saw: screenshots of the interface as it existed when the user signed up, and records tying each named plaintiff to that flow. Generic declarations describing how the app usually works are vulnerable. Second, when terms change over time, the company must show which version the user accepted and that any later version was presented in a way that also produced assent. The Supreme Court's decision in Coinbase, Inc. v. Suski (2024) confirms that when successive contracts conflict, the court decides which one governs.
Mobile ticket wallets are a hard case for that proof. Fans often receive tickets by transfer from a season-ticket holder, create accounts years before a dispute, or log in through a team-branded flow. Each of those paths can leave a gap between the terms a company relies on and the screen a particular plaintiff actually encountered.
MLB Ballpark app lawsuit timeline
| Date | Event |
|---|---|
| 2020 | MLB Advanced Media terms of use include an arbitration agreement (relied on later by VPPA claimants) |
| 2024 | MLB updates its terms; the update carves video-privacy claims out as non-arbitrable |
| Early September 2025 | Fans report tickets disappearing from the Ballpark app; MLB attributes thefts to credentials stolen elsewhere |
| September 18, 2025 | Lanham v. MLB Advanced Media, L.P., No. 1:25-cv-07780, filed in the S.D.N.Y. |
| Early 2026 | MLB moves to dismiss, arguing no malfunction or breach is alleged; a motion to compel arbitration is also briefed |
| March 27, 2026 | Judge Analisa Torres denies 5,628 VPPA claimants' petition to compel arbitration against MLB Advanced Media |
| October 1, 2026 | Law360 reports the court has denied MLB's motion to compel arbitration in the ticket-theft case |
How is this different from MLB's mass arbitration win over video-privacy claimants?
In the earlier case, the roles were reversed. Thousands of MLB.TV and MLB.com users alleged that MLB Advanced Media embedded the Facebook tracking pixel and shared their viewing history in violation of the Video Privacy Protection Act and state laws. Coordinated counsel filed 5,746 individual demands with the American Arbitration Association (AAA). When MLB did not pay the initiation fees, the AAA closed the cases, a familiar Fee Non-Payment and Administrative Closure sequence. The claimants then petitioned the Southern District of New York to compel MLB to arbitrate.
On March 27, 2026, Judge Analisa Torres denied the petition. She found the 5,628 petitioners had not shown that the arbitration agreement in MLB's 2020 terms remained in force after the 2024 update, which declared privacy and VPPA claims non-arbitrable. Commentators highlighted that the petitioners' declarations were sparse and did not identify the steps each person took to create an account and accept the terms. The court allowed limited discovery on whether the parties agreed to arbitrate.
| Issue | VPPA mass arbitration (Mar. 2026) | Ballpark app class action (Oct. 2026) |
|---|---|---|
| Who sought arbitration | 5,628 consumer petitioners | MLB Advanced Media |
| Who opposed | MLB Advanced Media | Ticket-holding fans |
| Forum fight | Petition to compel after AAA closed 5,746 demands | Motion to compel in a filed class action |
| Ground for denial | Petitioners did not prove a live agreement covering their claims | MLB did not prove plaintiffs agreed to the terms |
| Practical effect | Thousands of individual claims left without an arbitral forum pending discovery | Class claims remain in court |
The common thread is that formation evidence is the party-neutral battleground. The same company won when its opponents could not prove assent and lost when it could not.
Can MLB appeal the arbitration ruling?
Yes. Section 16(a)(1) of the FAA allows an immediate appeal from an order refusing to stay an action or to compel arbitration, so MLB may take the denial to the Second Circuit without waiting for final judgment. Under Coinbase, Inc. v. Bielski (2023), a district court must stay proceedings while a non-frivolous appeal of that kind is pending. If MLB appeals, the class action would likely pause, including the pending motion to dismiss. MLB had not publicly announced whether it would appeal as of October 3, 2026.
A formation ruling is also not always the last word in the trial court. Because section 4 provides for a trial when the making of the agreement is genuinely disputed, a party that loses on a thin record sometimes asks for an evidentiary hearing or renews the motion with fuller proof. Whether that route is available here depends on the order's terms, which have not been published.
Does the ruling mean the MLB ticket theft class action will go forward?
Not yet in any final sense. The ruling removes the arbitration barrier, but the plaintiffs still have to survive MLB's motion to dismiss, then win Class Certification. MLB's argument that the complaint does not allege any malfunction or breach of its own systems goes directly to duty and causation: whether a ticketing platform is responsible for losses caused by passwords stolen from unrelated websites, and whether each fan's loss traces to the app's design or to that fan's credential hygiene. Those individualized causation questions could also feature in any certification fight.
Who can join the MLB Ballpark app class action, and is there a settlement?
No class has been certified and no settlement has been announced. Fans whose tickets disappeared are putative class members only; nobody needs to file a claim now, and there is no claims process. If a class is later certified or a settlement is reached, notice would issue under Rule 23. Fans who want individual relief can consult counsel about their own situation, keeping in mind that the arbitration terms in MLB's current terms of use could still be raised against users who clearly accepted them.
What it means for drafters, defendants and claimants' counsel
For drafters. The two MLB rulings show that an Arbitration Agreement is only as strong as the record of acceptance behind it. Version control of terms, screenshots of every sign-up and log-in flow as deployed, and per-user acceptance logs (timestamp, version, interface) are now as important as the clause text. When terms are updated, re-acceptance should be captured through an affirmative step, and carve-outs (such as MLB's 2024 privacy carve-out) should be drafted knowing they can be used against the company later.
For defendants. A motion to compel should be supported by evidence tied to each named plaintiff, not a description of the typical user journey. Ticketing platforms face extra complexity because tickets move by transfer between accounts, and the person suing may never have bought anything directly.
For claimants' counsel. Formation is the first line of attack on any motion to compel, and it can defeat even a carefully drafted clause with a delegation provision. The VPPA case is the warning on the other side: counsel organizing a mass arbitration must be able to prove, claimant by claimant, how each person accepted the terms invoked. Declarations that skip that step invite denial.
For fans and consumer advocates. The ruling preserves a collective forum for small-dollar losses that would be uneconomic to arbitrate individually, at least through the pleading stage.
FAQ
What did the judge rule in the MLB Ballpark app lawsuit?
The Southern District of New York denied MLB Advanced Media's motion to compel arbitration because MLB failed to show the plaintiffs agreed to the terms containing the arbitration clause, according to Law360's October 1, 2026 report.
Why did MLB lose the arbitration motion?
MLB did not prove contract formation. A party seeking arbitration must show the other side accepted the arbitration terms, and the court found MLB's evidence insufficient for these plaintiffs.
What is the MLB ticket theft lawsuit about?
It alleges the MLB Ballpark app lacked basic safeguards such as two-factor authentication, transfer delays and printable tickets, letting thieves take and resell fans' tickets in 2025. MLB says thieves used passwords stolen from other websites.
Can MLB appeal the denial of arbitration?
Yes. FAA section 16 permits an immediate appeal to the Second Circuit, and Coinbase v. Bielski requires the district court to stay the case while such an appeal is pending.
Is there an MLB Ballpark app settlement?
No. No settlement has been announced and no class has been certified as of October 3, 2026.
How does this relate to MLB's earlier mass arbitration case?
In March 2026, the same court refused to compel arbitration for 5,628 VPPA claimants against MLB because they could not prove a live arbitration agreement. Now MLB has lost for the same reason from the opposite side.
Published for legal professionals. Analysis and summaries only — not legal advice, and no attorney-client relationship is created by use of this site.
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