Cammayo v 1AND8, Inc.

Holding The voluntary payment doctrine does not preclude a cause of action for damages alleging a violation of Arts and Cultural Affairs Law § 25.07(4) because the statute requires disclosure prior to ticket selection. The plaintiff has standing to sue based on the injury of paying an allegedly unlawful fee, and triable issues of fact exist regarding whether the fee disclosure was clear and conspicuous.

The court’s words

the voluntary payment doctrine does not preclude a cause of action for damages alleging a violation of Arts and Cultural Affairs Law § 25.07(4)

2026 NY Slip Op 05762, at the official text

the financial loss that the plaintiff suffered by paying an allegedly unlawful fee constituted an injury sufficient to confer standing

2026 NY Slip Op 05762, at the official text

the voluntary payment doctrine cannot apply to causes of action alleging a violation of Arts and Cultural Affairs Law § 25.07(4) because the very application of such a doctrine would undermine the nature and purpose of the statute

2026 NY Slip Op 05762, at the official text