People who paid for Philly Pops concerts that were scheduled at the Kimmel Center in spring 2023 and never performed are covered by a class action settlement a federal judge in Philadelphia preliminarily approved on October 5, 2026. Postcard notice will be mailed to ticket buyers, and the claim form and claim deadline are not available yet.
What Is This About?
Judge Mia R. Perez of the U.S. District Court for the Eastern District of Pennsylvania granted preliminary approval on October 5, 2026 to a class settlement in Callahan v. Encore Series Inc., No. 2:24-cv-05495-MRP. The case was brought on behalf of people who bought tickets to Philly Pops concerts at the Kimmel Center’s Verizon Hall that were postponed in early 2023 and never performed, and who say they never got their money back. The settling defendants are Encore Series Inc., which did business as the Philly Pops; its former president and chief executive, Frank Giordano; and The Kimmel Center, Inc., The Philadelphia Orchestra and Kimmel Center, Inc., and Ticket Philadelphia, the box office that sold the tickets.Preliminary approval is not final approval, and nothing can be claimed yet. The order directs the settlement administrator, Continental DataLogix LLC, to mail postcard notice to class members on the defendants’ ticketing records and to set up a settlement website with the long-form notice, the settlement agreement and the claim form. The defendants do not admit wrongdoing, and the court’s order states that the settlement is not a finding of liability.
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Who Is Covered?
The court provisionally certified a settlement class of all persons who paid for tickets to one or more of the “Cancelled Concerts,” a term defined in the settlement agreement. Excluded are the defendants and their parents, affiliates, officers, directors and employees; class counsel; the judge and her immediate family; and anyone who opts out.The complaint lists twelve Philly Pops performances scheduled at Verizon Hall between February 17 and May 21, 2023 that were never performed: three shows each of “Get Up, Stand Up: The Encyclopedia of Soul” (February 17–19), “POPS Rocks Paul Simon, James Taylor & Billy Joel” (March 24–26), “A Sondheim Celebration” (April 21–23) and “POPS Rocks Hollywood: Bohemian Rhapsody, Rock of Ages & Tommy” (May 19–21). The settlement agreement’s own list controls who is in the class, and it will be posted on the settlement website.
How Much Is the Settlement?
Law360 reported the settlement at $200,000 when the unopposed motion for preliminary approval was filed on August 7, 2026. The settlement agreement has not been posted publicly yet, so the per-ticket amount, how the fund is divided, and what is deducted for attorneys’ fees, a service award for the class representative and administration costs are not yet known. Class counsel must file the fee request 30 days after notice goes out, and the court decides it at the final approval hearing.For scale, the complaint alleges that ticket buyers lost at least $1.1 million on the cancelled concerts. That figure is an allegation, not a finding, and a settlement amount reflects the risks both sides faced in continuing the case.
Key Dates
Most deadlines run from the date the postcard notice is mailed, which had not happened as of October 6, 2026. The order gave the defendants 10 days to turn over the class list to the administrator.- Claims: due 90 days after notice is first distributed. The calendar date will be printed on the postcard notice, the long-form notice and the claim form.
- Opt-outs and objections: postmarked no later than 45 days after the postcard notice is issued. An opt-out request must be signed by hand and mailed to the administrator; objections must also be filed with the court.
- Final approval hearing: February 10, 2027 at 10:00 a.m. before Judge Perez in Philadelphia. The court may move the date or hold it by phone or video, with updates posted on the settlement website.
What Did the Lawsuit Allege?
The Philly Pops announced in November 2022 that it would stop operating after finishing its 2022–23 season. In January 2023 the Kimmel Center organization, which ran Verizon Hall, said the Pops had to suspend performances there over unpaid debts, and the remaining spring concerts were postponed and never rescheduled. The plaintiff, a ticket buyer who paid about $273 for four tickets, filed the case on October 16, 2024.The complaint alleges that the shutdown announcements misled ticket buyers into believing the season would be performed, that the cancellations stemmed from an effort to wind down the Pops for the benefit of the Philadelphia Orchestra, and that ticket buyers were never refunded. It brought claims including fraud, aiding and abetting, breach of contract, conversion and violations of Pennsylvania’s consumer protection law. These are allegations, and the defendants deny them. The plaintiff dropped the claims against the Orchestra’s chief executive in November 2024 and dismissed the conspiracy count in March 2025. On November 13, 2025 the court dismissed some of the remaining counts and allowed others, including fraud, unfair trade practices and aiding-and-abetting claims, to proceed.
In a separate case, Encore Series ended its 2023 antitrust lawsuit against the Philadelphia Orchestra and Kimmel Center organization in July 2025. In a joint statement, Encore said the Orchestra organization did nothing wrong and accepted responsibility for refunds for the spring 2023 concerts, and the Orchestra organization said it does not bear responsibility for refunds to patrons who bought tickets to Encore-promoted shows. The ticket buyers were not parties to that case; their claims are addressed in this class settlement.
Questions
Is the Philly Pops ticket settlement open for claims yet?
Not yet. The court granted preliminary approval on October 5, 2026 and ordered postcard notice to be mailed to ticket buyers on the defendants' records. Claims can be filed for 90 days after notice first goes out, through a claim form posted on the settlement website the administrator is setting up. The calendar claim deadline will be printed on the notice.
How much is the Philly Pops settlement?
Law360 reported the settlement at $200,000 when the preliminary approval motion was filed in August 2026. The settlement agreement itself has not been posted publicly, so how the money is split among ticket buyers, and what comes out for attorneys' fees and administration, is not yet known. The complaint alleges ticket buyers paid at least $1.1 million for the cancelled concerts.
Is the orchestra now called the Philly Pops part of this case?
No. The defendants are Encore Series Inc., which ran the original Philly Pops until it stopped performing in 2023, its former chief executive, and the Philadelphia Orchestra and Kimmel Center organizations and their box office, Ticket Philadelphia. The orchestra performing under the Philly Pops name today was formed by former musicians after Encore's shutdown and is a separate organization.
Can I opt out of the Philly Pops settlement?
Yes. The order allows class members to exclude themselves with a signed written request mailed to the settlement administrator and postmarked within 45 days after the postcard notice is issued. A class member who opts out cannot also object, and receives nothing from the settlement.
Sources
- Docket for Callahan v. Encore Series Inc., No. 2:24-cv-05495-MRP (E.D. Pa.), including the class action complaint (ECF No. 1), the November 13, 2025 order on the motion to dismiss (ECF No. 35) and the October 5, 2026 preliminary approval order (ECF No. 53)
- Law360 — Philly Orchestra Ticket Buyers Seek OK For Refund Deal (August 10, 2026)
- WHYY — Philly Pops ticket holders may get their day in court over concerts that never happened
- WHYY — Encore Series and Philadelphia Orchestra end lawsuits (July 24, 2025)
- The Philadelphia Orchestra and Ensemble Arts — Statement on final settlement with Encore Series (July 24, 2025)
