Spider-Man: Turn Off the Dark has a new enemy besides Arachne and Swiss Miss to add to his villains gallery: Public Advocate Bill de Blasio. In a January 5 letter to the commissioner of the Department of Consumer Affairs, de Blasio blasts the webslinger's musical for selling pricey preview tickets without letting unsuspecting patrons in on the fact that the show is still a work in progress. Those poor unsuspecting souls are being subjected to a theater-going experience of "confusion and frustration" and it must be stopped!

Citing a similar situation in 1991, de Blasio urges the DCA to fine the show for its misleading ads and to assure restitution to aggrieved consumers. "Consumers are entitled to know exactly what they are buying when they purchase theater tickets," he argues. And he's right. The people must be warned! While we wait for that to happen—or for the show to "open" on February 7—you can read de Blasio's full letter below.

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.

Sincerely,

Bill de Blasio
Public Advocate for the City of New York