In the United Kingdom, ticket scalping is technically legal, except at soccer matches, where it is against the law. Article 25 of the Arts and Cultural Affairs Law, entitled Tickets to Places of Entertainment, is often thought of and referred to as the anti-scalping law. Block, Practice Commentaries, McKinney's Cons.Laws of NY, 3B Arts & Cultural Affairs Law (1999 Pocket Part) Art. This happens when, after buying large numbers of tickets, the buyer later resells these tickets on third-party websites at a higher price than what they paid in order to make a profit. 14 0 obj<>stream These states are as follows: Before buying or selling tickets on the internet, you should get familiar with the applicable state laws. State Laws Against It - My Law Questions A person can sell event tickets online as long as they comply with applicable state laws. Fortunately, I was still able to get tickets to the concert. WebStubHub, Ticketmaster, TicketNetwork, and others began to lobby state legislatures to repeal or modify the stricter anti-scalping laws. LegalMatch Call You Recently? endstream endobj 89 0 obj<>stream A whopping 40% of all ticket purchases online are estimated to be by scalper bots, according to Imperva. WebIn the US, ticket scalping is the practice of buying and reselling event tickets by private citizens, rather than by the sponsoring venue or organization, usually at a much higher price than their face value. If you find yourself aligning with any of those folks, you can move along, nothing to see here. WebTennessee [11] Regulating botted ticket scalping is not exclusive to the United States, as multiple foreign countries have adopted similar legislation. Law, Intellectual Some online auction sites try to prevent illegal ticket scalping by removing offers that violate state scalping laws, or by reporting illegal transactions to the proper authorities. 0000004108 00000 n 0 Block, Practice Commentaries, McKinney's Cons.Laws of NY, 3B Arts & Cultural Affairs Law (1999 Pocket Part) Art. The reselling debate . They may call themselves fan-to-fan exchanges, but what actually drives these platforms is a multi-billion dollar industry of ticket scalping. This thread is archived New comments cannot be posted and votes cannot be cast 6 1 1 comment Top y3kman 2 yr. ago Price protection is only for medical and basic goods. MSN Money: Two Ways of Looking at Ticket Scalping, ABA Forum on the Entertainment and Sports Industries: A Brief Overview on Ticket Scalping Laws, Secondary Ticket Markets and the StubHub Effect, SportsBusiness Daily: Secondary Ticket Market Has Soared Even as Economy Has Faltered. To detect bots on your website before the tickets were scalped you need anti-scalping bots solutions. New South Wales government prohibits scalpers. Both eBay's (EBAY 1.91%) Stub Hub and Live Nation's (LYV 0.62%) Ticketmaster support ticket reselling. 0000006461 00000 n 1. Webticket scalping legal).32 Between 1989 and 2008 there were no regulations specifically related to ticket resells in Tennesseethe market forces of supply and demand were 980 0 obj <>/Filter/FlateDecode/ID[<482F18226C70E44E91C2214AD73676F4><05655CD2BEA4AD48A7B8FF5AB39EAA6D>]/Index[954 60]/Info 953 0 R/Length 121/Prev 268531/Root 955 0 R/Size 1014/Type/XRef/W[1 3 1]>>stream They claimed it was anticompetitive when Ticketmaster transitioned from paper tickets to secure digital ticketing. Sale of tickets at more than face value prohibited; exceptions. These can be tickets of any type but often involve major sports and music events. There are also jurisdiction issues because sometimes out-of-state scalpers will target shows in Tennessee. Let's make a change Tennessee and make scalping illegal. 0000003426 00000 n Moreover, it gets around authentication codes on websites that are designed to block the use of ticket bot software. The law labeled the ticket-seller most often Ticketmaster as the aggrieved party that must bring forward charges. %%EOF To do this, you may want to speak with an experienced criminal defense attorney who can tell you what the law requires and how you may buy, sell and resell tickets legally online. WebIn New York State, reselling a ticket for more than 10 percent above its box office price is considered scalping and is prohibited, whether it is done online, from an office or on the street. Its about scalper freedom. Baltimore and Cincinnati both prohibit scalping, but Cleveland allows it. H|0D Your Tennessee is a state known for concerts and even hockey! It should not take more than a moments reflection to realize that everyday fans reselling tickets for convenience rather than profit are never going to fuel the likes of StubHub, SeatGeek and Vivid Seats. ?~zd*}9j5___X=Xc_Zd c3 \k1&<0_'2 m=LR CCr ,VVJLLQ !# ]&()z'jw30Ua@-YWsoI- ExM:R5rha62]f!hzw*Q@P"3ZPAyA\ B,S[z|;4Pb)]'6iN(c6'to:H3M;7VZj)>nS9bkT`JQ nk*DIH EX1qZ)[L$^19t'1KJXm/+>Oy~yn/F,2'h? RS The United Kingdom. No one seemed to notice the Napster-like product that StubHub had created, which allowed concert tickets rather than songs to be resold over the internet without any compensation to the artist. So the antitrust attack on Ticketmaster is in reality a disguised attack on artists for exercising the prerogative that every business has to set the prices and terms on which they will do business. Care2 Stands With: humanitarians, animal lovers, feminists, rabble-rousers, nature-buffs, creatives, the naturally curious, and people who really love to do the right thing. Ticket scalping is the practice of using bots to bulk buy tickets from licensed sources and then sell them for a profit. On every transaction, these resale sites are getting a 25-40% commission from the consumer (and another 10-15% commission from the seller if it is an ordinary fan and not a broker). The reality is that online ticket sales are still subject to some of the same laws as tickets sold on the street and to other laws designed specifically for online sales as well. Those laws may be different from the law in the state in which the seller resides. 2023 Live Nation Worldwide, Inc. All rights reserved. 0000002252 00000 n Care2 Stands Against: bigots, racists, bullies, science deniers, misogynists, gun lobbyists, xenophobes, the willfully ignorant, animal abusers, frackers, and other mean people. WebStates like Arkansas, Kentucky, and Missouri ticket scalping is illegal. However, the fact that tickets are sold online rather than on the street just outside of the event, does not mean that buyers and sellers can bypass state scalping laws. Complaints eventually lead to reputation loss and public relations crises. Who is the enforcement entity in Tennessee? Whats more, some tickets are physical and others digital e-tickets. For what it is worth, tolerance of scalping varies greatly from country to country. It crosses state lines. The scalper will make moves to resell the tickets either right away or at a later date, through various methods including social media, specialized websites, classified ads and more. Property Law, Personal Injury 72 0 obj <> endobj However, even <<26285224fcea3c459ad9aa112487eef8>]>> 0000005878 00000 n Quebec resident Julien Lavalle was reported to use bots to rapidly purchase tickets to entertainment events across the world. New Jersey has a more generous policy that enables brokers to charge up to 150 percent of the ticket's face value. However, in 2006 the Florida Legislature changed the laws, and permitted persons, including ticket brokers, to resell tickets. You can unsub at any time here. (This may not be the same place you live). The law: It is illegal to own or use such software in Tennessee. Clearly, Mr. Koppells statement is incorrect: It would be impossible to sell tickets worth $125 each for a price of $325 each. Similar to a prospective buyer, a ticket seller should be aware that you may be subject to the laws of the state in which purchasers and events are located. '3e2eCW@Hf5s0.RxX}PvtukR a O 0000007658 00000 n StubHub even skirted the anti-scalping laws that most States had but which, not anticipating the internet, were limited to scalping at the event site. Travel companies and others tend to issue tickets linked to someones identity, though others are less personal, and so on. Enforcing the law is complicated for a variety of reasons, including highly sophisticated software that scalpers use to crack computer systems that companies such as Ticketmaster use to sell tickets. You Care. 954 0 obj <> endobj Further, some states have preventative legislation in place. You have JavaScript disabled. Budnick said bots are absolutely used. In the meantime, lets stop crediting the notion that technologies that permit but do not mandate restrictions on ticket transferability violate the antitrust laws. They claimed every subsequent advance in secure digital ticketing, such as Ticketmasters SafeTix encrypted mobile tickets technology, was anticompetitive. In Australia, the New South Wales government prohibits scalpersto resell tickets at a price 10% higher than the face value of the ticket. Laws about ticket scalping vary by state, and there is no federal law that prohibits the practice. The incentives to use bots to steal tickets from real fans would increase. The economics of scalping have been studied extensively and there is widespread agreement that whatever gains there might be to allocative efficiency, they are more than outweighed by the wealth transfers that flow from consumers to scalpers and from socially wasteful rent seeking behaviors such as the use of bots. Alaska, Colorado, Idaho, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Oklahoma, South Dakota, Texas, Utah, Washington, West Virginia and Wyoming have no laws or regulations regarding ticket scalping. And then in 2000, the year StubHub was formed, internet technologies transformed resale by providing the digital infrastructure for ticket scalping and arbitrage to occur on an industrial scale and with a veneer of legitimacy. Analyze your needs and options and take serious measures right now. 0000004745 00000 n Arkansas, Florida and Louisiana require brokers to comply with regulations that protect consumers, such as a guarantee to issue a refund if the event is cancelled or the ticket doesn't arrive on time. fS[00. Any person who counterfeits, forges, alters or possesses any fake tickets for admission to a public event violates the statute. In Florida, up until a bit over a decade ago, ticket scalping was illegal. To the scalpers and the secondary sites that cater to them, anything that restricts transferability is an existential threat, regardless of whether its good for the consumer. WebSecondary Ticket Marketplace Guide - Squire Patton Boggs Yes and no. hb```e``z "c@(1CTaL3P)).an?.nJI J```h``P S@ 0000001241 00000 n This conclusion was reached after studying 180 different ticketing websites. @ Q The airline ticket you bought allows you to fly but cannot be sold to anyone else. We Care2. We can conclude that in most states, scalping is not illegal per se, about 16 states make it illegal, and four have municipal laws prohibiting scalping. Big companies show that scalping isn't illegal. For example, in Australias New South Wales, scalping is illegal but only if youre reselling at more than +10% of the ticket price. LegalMatch, Market He was sentenced to jail time, as well as a fine. However, the BOTS Act of 2016 prohibits the use of software to enable scalping. But he said other practices, such as ticket holdbacks and ticket brokers infiltrating band fan clubs or credit card promotions in order to buy pre-sale tickets skew demand and drive up prices on the secondhand market. Ticket Scalping is the practice of selling tickets to popular entertainment events at prices which greatly exceed the established price for those tickets. People v. Certain types of scalping are illegal in many states, mainly ticket scalping. Did you know that 4 out of 5 event tickets are purchased by bots every day? 25, at 118. Ticketing industry characteristics that appeal to scalpingbots: The legitimacy of the ticket scalping situation is different across the world. You can follow her on her LinkedIn page. A Global Times reporter investigating the phenomenon was quoted the mind-blowing price of 80,000 yuan (approximately USD 12,500) for just one ticket to a one-way flight. Ticket scalping, penalty. 0000002176 00000 n Here, youll find over 45 million like-minded people working towards progress, kindness, and lasting impact. By continuing past this page, you agree to our terms of use. Ticket scalping, or the practice of selling an event ticket for more than its face value, has been illegal in Michigan. Webare italian traffic fines enforceable in uk; unity embedded browser; famous countertenors in pop music; was lord merton being poisoned; roy bentley obituary WebSpecifically, there are seven states where scalping is illegal because anyone who is selling or reselling tickets needs a special license (New York, Alabama, Georgia, New Jersey, Tennessee is a state known for concerts and even hockey! It does not work at all if artists are able to deliver tickets directly to the fans who want to attend the show at the prices the artist selected because, to state the obvious, those people wont resell their tickets. But predictably, scalper lobbyists and mouthpieces claim these innovations hurt fans because they interfere with some supposed freedom to resell tickets at a profit. Limiting the terms or conditions of the resale of its tickets; Restricting resale in a subscription or season ticket package agreement as a condition of purchasing tickets; Taking away any season tickets or subscriptions if the tickets are resold; Imposing any penalty on a ticket buyer if they sell the ticket through a reseller not approved by the operator such as Ticketmaster; Denying admission to any ticket holder, because their ticket was resold. Mississippi and New Mexico prohibit reselling only college events. The argument is based on the economic concept of allocative efficiency, which in laymans terms means that an economy functions best when goods and services are distributed to those who value them most and pay accordingly. In the US, different states apply different policies o manage scalpers and resellers. Ticket scalping is the practice of re-selling tickets to events. Further, we have seen the same with political events, stand-up comedy performances, as well as live recordings of television shows. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? In some cases, however, This morning, I had front row tickets to see Why Don't We and when I clicked the tickets they were gone. This type of bot attack allows online platforms to acquire a large number of tickets and resell them at higher prices. The rallying cry for the resale sites is Fan Freedom which not coincidentally is the name of the front group that StubHub and its then-parent eBay formed in 2011 to put a grass roots face on efforts to fight anything that limited ticket transferability. The BOTS Act is designed to make this practice illegal. Hl0)JZU]0a &6P} FYEeqVuKPReaEL{t5T.P7bn.W("*eu =S1 G? The ticket scalping ticket would carry a $25 to $50 fine. From David on October 5th, 2009. scalping is illegal and should continue to be illegal because you don't own anything, the ticket, the seat remain the property of the One prolific ticket scalper was discovered following the leak of the so-called Paradise Papers containing, among others, evidence of a multi-million-dollar ticket scalping operation which StubHub was also accused of deliberately permitting to take place on its platform and even assisting. And for SeatGeek and StubHub as well, professional resellers that are somehow getting thousands of tickets far more than anyone could acquire legitimately fuel the business. As James Carville might say, Its the tickets, stupid! All the rest, including the antitrust-flavored attacks on Live Nation and Ticketmaster, are just camouflage for the one thing that the resale sites want: government intervention to keep tickets fully transferable. 9mpq 8}; fJun*l]m%2,2DT' JPb The BOTS Act makes the resale of tickets purchased using bot technology illegal and sets a fine of $16,000 for violations of the act, which is enforced by the U.S. Federal Trade Commission (FTC). "You have predators out there who are using illegal software, obviously," said Sean Henry, who, in his role as president and chief operating officer for the Nashville Predators, oversees both hockey games and concerts at Bridgestone Arena. Youre sure to hear a lot of complaining from secondary sellers this week after two iconic bands Pearl Jam and U2 announced new shows with restricted transfer tickets. Oklahoma City and the City of Las Vegas both prohibit the practice. Theyll use them instead for their actual intended purpose. 0000004373 00000 n endstream endobj startxref &k&- To resell tickets they need to receive documented permission from the original vendor. At the time, the music industry was focused on a different internet technology, Napster, the peer-to-peer file sharing software that facilitated industrial scale copyright infringement. Some of the tools to use are based on technology, while it is also a good idea to look into introducing buying limits and linking tickets to their buyers. 0000001037 00000 n Australia In Australia, the New South 4'[1ckq6R7{/^}-:-K4- na7Cu1x'tzLF AY!fY8rYdT9Rg63 4\cB1zZpw|6! 0000004833 00000 n Gj~X: I#_gpQXRnRJ>L\:p(N;a^8m!"