Possibly, but here StubHub would have to explain why they displayed it as unsold with a delay, and why the FTC should not consider that deceptive.
If the ticket was already sold, why the delay? A reasonable consumer think that specific ticket had just been sold at that moment, which sounds like a material misrepresentation.
Totally agree with you. Unfortunately, I don't have faith the FTC would side with consumers on this. Now, if Stubhub advertised the ticket as being available on a prior page knowing it was sold out...
