The marquee of Hamilton, An American Musical, which is playing at the Richard Rogers Theater. Photo: Joseph M. Arseneau/

A Houston personal injury lawyer is suing Ticketmaster over its failure to refund him for tickets he bought to the musical “Hamilton.”

Houston lawyer Joshua Davis bought three tickets for the popular musical Wednesday, but noticed immediately they were for the wrong day. Because Ticketmaster refused to refund his $2,325.20 or switch the tickets to the correct day, he sued the ticket broker.

“This isn’t right and it’s unfortunate they refused to treat it as a customer service issue,” Davis said less than an hour after he filed the suit in state district court in Houston.

“Thank goodness I have a law license,” said Davis, of Davis Law Group.

In Davis v. Ticketmaster, he alleged that he intended to buy three tickets for “Hamilton” in New York on March 14 or 15 for him, his wife and his oldest daughter. The tickets would have been a birthday gift for his daughter, who turns 12 on March 9.

When he clicked the “back” button on his browser, Davis alleged, his ticket purchase changed from a March date to Jan. 17. He thought he had stopped the purchase by leaving the web page, but his credit card was still charged $2,325.20 for the three Jan. 17 tickets.

Davis said he immediately called Ticketmaster to correct his purchase, but “after a prolonged hold, and then speaking to a ‘resolution specialist,’ Ticketmaster refused to make the change or refund the money.”

Davis brings fraudulent inducement and breach of contract causes of action against Ticketmaster, and claims it violated the Sherman Antitrust Act on the ground that its position in the marketplace constitutes a monopoly on the lawful sale of tickets.

Davis alleged in his petition that the only recourse Ticketmaster provides him to recover his damages is to resell the mistakenly purchased tickets through Ticketmaster’s sale platform, but with a fee. The company will not allow him to sell the tickets for less money than what he paid, he alleged.

Ticketmaster did not respond to an emailed request for comment on the allegations.