Saturday, January 8, 2011

More Woes for Spider-Man

The New York Times is reporting that there are more woes in store for the producers of Spider-Man: Turn Off the Dark.  The New York City public advocate is making waves for the show that has had more problems (and a longer preview period) than most shows in recent history.

Public Advocate Says ‘Spider-Man’ May Violate Consumer Protection Laws



You can add Bill de Blasio, the New York City public advocate, to the list of nemeses that Spider-Man will have to battle en route to his much-delayed Broadway opening. In a letter sent to the city’s Department of Consumer Affairs, Mr. de Blasio warned that the Broadway musical “Spider-Man: Turn Off the Dark” may be violating consumer protection laws by not clearly distinguishing its preview period (when the show is still considered a work in progress) from its post-opening performances (when the show is a finished product), and could face fines.
Noting the premium cost of Broadway tickets, which can run $150 or more, Mr. de Blasio wrote: “At those prices, consumers deserve to know what they are purchasing, and there is a real difference between seeing an unfinished show in previews versus one that has officially opened. That many shows do not advertise that they are in previews, either in promotions or at the point of ticket sales, is unacceptable.”
The letter, dated Jan. 5 and addressed to Jonathan Mintz, the commissioner of the Department of Consumer Affairs, was reported by Newsday.
Though Mr. de Blasio said that “at least one Broadway production currently in previews is not representing itself as such in a forthright way to ticket purchasers,” his letter mentioned only “Spider-Man” by name, writing that the show’s Web site, “through which many consumers purchase their tickets,” makes “no mention that the show is in previews.”
He added: “Theatergoers attending such a production are not necessarily aware that the show could stop at anytime while changes are made, that the music and plot line are subject to constant change, or that the technology being used in the performance is still a work in progress. Their theater-going experience can be one of confusion and frustration.”
The “Spider-Man” musical, currently scheduled to open at the FoxwoodsTheater on Feb. 7, has delayed its opening several times as it contends with creative changes to the show and injuries to its cast members. It could end up playing 70 or more preview performances – a geological era in Broadway measurements – by the time it reaches that fateful night.
Mr. de Blasio pointed to a similar situation from 1991, when Mark Green, then consumer affairs commissioner, met with the League of New York Theaters & Producers after the protracted preview period for the Broadway musical “Nick & Nora.”
At that time, Mr. de Blasio wrote, Mr. Green “promised to apply fines of up to $500 per ad and restitution to aggrieved consumers.”
Mr. de Blasio continued: “I believe the Department of Consumer Affairs is both within its rights—and obligated—to undertake similar measures today.”
A representative for the Department of Consumer Affairs said it had received Mr. de Blasio’s letter and would begin investigating its claims.
Rick Miramontez, the spokesman for “Spider-Man: Turn Off the Dark,” said in an e-mail: “It seems that everyone in the world, with the exception of a few critics, is well aware of the fact that the show is still in previews. The preview period is an essential part of making any show, and it’s an exciting time to be in the audience. It is also very clear and well documented that our opening night is Feb. 7.”
The complete text of the letter from Bill de Blasio appears below:
Commissioner Jonathan Mintz
New York City Department of Consumer Affairs
42 Broadway
New York, NY 10004
Dear Commissioner Mintz:
It has come to my attention that at least one Broadway production currently in “previews” is not representing itself as such in a forthright way to ticket purchasers, and may be in violation of consumer protection laws.
For visitors and residents alike, taking in a Broadway show is part of the quintessential New York experience—but it is also a very expensive one, with tickets for many shows costing as much as $150.00 per person. At those prices, consumers deserve to know what they are purchasing, and there is a real difference between seeing an unfinished show in previews versus one that has officially opened. That many shows do not advertise that they are in previews, either in promotions or at the point of ticket sales, is unacceptable.
The current production of “Spider-man: Turn off the Dark” offers a clear example of this practice. Though “Spider-man” is in the midst of a lengthy preview period, tickets cost up to $140.00 and the official website – through which many consumers purchase their tickets — makes no mention that the show is in previews. Theatergoers attending such a production are not necessarily aware that the show could stop at anytime while changes are made, that the music and plotline are subject to constant change, or that the technology being used in the performance is still a work in progress. Their theater-going experience can be one of confusion and frustration.
This problem is not a new one. In 1991, then-Consumer Affairs Commissioner Mark Green met with the League of New York Theaters & Producers after preview performances of “Nick & Nora” called attention to the issue. He promised to apply fines of up to $500 per ad and restitution to aggrieved consumers. I believe the Department of Consumer Affairs is both within its rights—and obligated—to undertake similar measures today.
New York City’s Consumer Protection Law prohibits deceptive trade practices in the sale of consumer goods and services. Consumers are entitled to know exactly what they are buying when they purchase theater tickets. Despite the fact that prices for preview tickets and post-opening night tickets are often the same, there is a difference in the product. The Department of Consumer Affairs should hold producers accountable and enforce the law against those who fail to notify consumers of the difference. In light of the recurring nature of the problem, I also urge the Department to determine whether the current rules are sufficiently explicit with respect to theatrical performances, and if not, to consider revising its rules to require producers to disclose a show’s preview status to potential consumers.
Please feel free to contact me to discuss this matter further.

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