Approximately 16 of the 50 states have a law that makes scalping illegal. *The governor has issued a state of emergencyin response to the COVID-19 pandemic.. Code of Massachusetts Regulations (CMR): 940 CMR 3.18, *The governor signed an executive order to address price gouging amid the COVID-19 pandemic. What we (the fans, the venue, and the ticketing agency) want. Some examples of state scalping laws include: On the other hand, states like Texas and Ohio do not have any state laws that prohibit the resale or scalping of tickets. The day after, across the country, much-needed medical supplies began to be stripped from local vendors with the intent to make a profit . 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. At other events, reselling tickets is not illegal, but it's not permitted on stadium grounds. When retailers take advantage of these spikes in demand (often coupled with supply bottlenecks) by charging exorbitant prices for necessities, it's referred to as "price gouging.". Upon the declaration of a state emergency, charging "grossly excessive" prices for food, construction services, emergency supplies, or other vital goods or services. Law Practice, Attorney keys to navigate, use enter to select, that focuses on enhanced restrictions on price gouging, Stay up-to-date with how the law affects your life. In an effort to compromise on ticket scalping laws, licenses or permits are often required, and the decision to make scalping illegal is made by individual states or municipalities. Thirty-six states plus Puerto Rico, the U.S. Virgin Islands, Guam and the District of Columbia restrict price-gouging in some way. Selling or offering for sale "necessities at an unconscionable price" when there is an abnormal market disruption (typically a declaration by the Governor). I'm sure it's because of scalpers, because I found some selling seats on ebay. I tried, over and over again, because I am optimistic but kept getting the same message saying they didn't have the two tickets I wanted. Ann. Specific European countries that have specific regulations in place include the Republic of Ireland, Israel, and Sweden. When I first moved to Phoenix, I bought Season tickets to the Cardinals in the Club Section. 5-63-201 California - Cal. While entertainment is a luxury, certain drugs are necessities for those battling an illness or disease. All rights reserved. Violations subject to a civil penalty of up to $10,000 for each act, in addition to injunctive relief and restitution. . There are 16 states in the United States where there are restrictions on ticket sales above face-value, namely: Arkansas - Ark. In the course of a free and open economic capitalist society, it becomes necessary to ensure consumer goods are available to all at the prices set by the companies who create the products. Subject to civil penalties of up to $5,000 per violation (up to $15,000 per violation if an injunction has been issued); may be charged as a misdemeanor (fine of up to $1,000 and/or 30 days in jail). Buyer does not receive the ticket, and cannot use it to attend the event. In North Carolina, it is illegal to use deceptive or unfair acts or practices that affect commerce and create unequal competition. A person who knowingly distributes, gives, possesses, sells, transfers or uses software designed or created to interfere with an online seller who sells theater, concert, sports tickets or tickets for any kind of public entertainment by circumventing security or access control measures on the ticket seller's site is in violation of state law. For instance, some states like Texas have no restrictions on ticket scalping, while others like New York and New Jersey, impose strict limitations and penalties on those who are found guilty of illegally scalping tickets. Not only can scalpers set the price however they want, but it may be difficult to determine whether the tickets are real and not counterfeit. If a scalper buys up the majority of tickets that are available and attempts to resale them for a much more expensive price the event can quickly become inaccessible to many people who would otherwise have attended. This depends on private contracts with the specific teams, who can form business partnerships with legitimate second hand ticket selling marketplaces. Penalties range from $99 - $1,000 and/or up-to one year in jail per offense. after a declared state of emergency for more than 10% over the cost of these items immediately preceding the declaration. It's a money-making tactic where an individual, or more often a group, buys multiple items. North Carolina 's ticket scalping laws are far more detailed. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Proc. Scalping tickets is illegal in many areas due to the fact that is unethical and can be harmful to the success of an event. Selling or renting goods or services (food, emergency supplies, medical supplies, heating oil, housing, gasoline, etc.) That means the answer differs based on where you live. The scalper hasn't performed any service other than to block my original purchase. A few states regulate ticket scalping. Oklahoma City and the City of Las Vegas both prohibit the practice. For example, let's say I purchased a pair of tickets for $100 on eBay. Subject to civil penalty of up to $20,000 per violation (up to $250,000 if the victim was over 65 yrs. 815 ILCS 505/2; Illinois Administrative Code: 465.10, et seq. Efforts to make the practice illegal are overshadowed by such websites. We are no longer supporting IE (Internet Explorer), potentially profit unfairly from the emergency, supplies ahead of an approaching hurricane, illness breakouts at food production facilities, National Conference of State Legislatures, contacting your state attorney generals office, I Tried a Hands-Free Dog Leash, and I No Longer Dread Walking My Dog, What to Do Within the First Year After Moving Into Your New Home, New Countertop Appliance Claims to Kill Coronavirus on Household Items, Do not Sell or Share My Personal Information. Your wallet will thank you later! For fans of live music and sporting events, the mass nature of ticket scalping means that many people might miss out on being able to purchase a ticket from licensed vendors. A ticket's service fee cannot be more than $3, unless . This is common around the holidays and other times when there are scarcities of popular items. In Texas, unsurprisingly, there's no state law against ticket scalping, and in Houston there is only a city ordinance that makes it illegal to sell them on public property inside city limits. Punishable by a civil penalty of up to $2,500 per violation (up to $5,000 if in violation of an injunction). *The governor of Alabama declared a state of emergency to prevent the spread of COVID-19, * The governor has declared a state of emergency to prevent the spread of COVID-19. Make sure to do your own research or contact a local attorney if you have additional questions about a particular state law. *The Attorney General has issued a consumer advisory warning regarding price gouging following the COVID-19 pandemic, indicating that price gouging is unconscionable and any price gouging resulting in illegal profit will be prosecuted. I figured that if they were going to be rooting against my new home team, I would make them pay. old) and injunctive relief. I sold the tickets for $500 apiece, making back half of the money for my season tickets in one sale. One common form of regulation is the banning of ticket sales within a certain distance of where the event is taking place. FrameMaker, nicely said. (new Image()).src = 'https://capi.connatix.com/tr/si?token=2ba02a33-c319-4410-bba7-f8321a13bed3&cid=877050e7-52c9-4c33-a20b-d8301a08f96d'; cnxps.cmd.push(function () { cnxps({ playerId: "2ba02a33-c319-4410-bba7-f8321a13bed3" }).render("00499ba9282e4d1b985fa8af14d29c2b"); }); Now consider an emergency situation, such as the COVID-19 pandemic. The ticket scalping law, which was set to expire at the end of the month, will now run through June 30 . Similarly, if the tickets are then not resold by the scalper, shows touted as being sold out might be anything but, seriously hindering the experience for the musicians and the fans alike. Some states require a special license to resell tickets. Google is scalping illegal? Selling "essential commodities" (i.e. Skyrocketing prices for pharmaceuticals controlled by drug companies, however, are a different story. Continue with Recommended Cookies, Last Updated on September 1, 2022 by Fair Punishment Team. Ticket scalping, also known as ticket brokering or ticket resale, is the act of buying tickets and then selling them at higher than face value. Further, some states have preventative legislation in place. One of the biggest concerns is how honest people are exploited by the resale industry, where, particularly for popular events, ticket scalpers can dominate ticket sales and hike up the price exponentially. In the United Kingdom, ticket scalping is technically legal, except at soccer matches, where it is against the law. So whats fair and whats not? Up to $25,000 civil penalty per violation, restitution. It is important to note that not every state considers ticket scalping to be illegal. They want your money, you want their ticket; open market regulates the price based on supply/demand. If you want to attend a ticketed event, but are having a difficult time determining where to buy your tickets, there are a few things you can do to make sure you are purchasing tickets from an authorized vendor. Most states base their response on laws that govern unfair or deceptive trade practices. The state of emergency prohibits increasing the price of goods by more than 10%. SC Statehouse: Title 39 - Trade and Commerce Chapter 5 Unfair Trade Practices Article 1 General Provisions. TL;DR: I realized that if the system of capitalism is meant to act as a defense to the legality of their actions, it should be taken into consideration that it is in no way an ideal model or example of capitalism. Let's get to 5,000! Buyer is denied admission to the event (This does not apply if the buyers action or omission caused their not being able to get in.). In the end, both major change and increasing capacity to accommodate demand require investment. Buying tickets from a scalper is riskier and more expensive than purchasing them from an authorized vendor. Many people also feel threatened by physical resellers, and dislike their presence outside shows and venues. If you feel a company is unfairly boosting prices during a state of emergency, contacting your state attorney generals officeis your best recourse. But I just got a flyer in the mail about a show I had no idea about. *Mississippi has declared a state of emergency over COVID-19. Of course, one has to be over the age of, say, nine, emotionally speaking, to appreciate the absolutely beautiful way the system works, which may be why some folks find it "unfair." In addition to state laws, other laws make scalping illegal in raceways and the NFL. As a result, the official ticket seller and venue may bring legal action against the user of ticket-buying software. One example is the secondary ticket market Stubhub, who has a legitimate contract with Sunderland Association Football Club, and Everton Football Club, while Viagogo has contrast with Chelsea Football Club and others. Submit your case to start resolving your legal issue. The state of Maine makes it unlawful to resell or scalp tickets at an inflated price. A tickets service fee cannot be more than $3, unless the promoter or venue owner and ticket agency agree, in writing, to a service fee greater than the amount for initial ticket sales by the ticket agent. There is a lack of symmetry in logic when it comes to the argument of creating fair, open markets as in an ideal system of capitalism, one creates a product and others are free to create a competing, similar product of their own volition (infers not stealing the design of the first creator) then that in principle is what we know as a fair and open market. Selling, renting, or leasing goods, services, dwelling units, or storage space after the declaration of an emergency at a price of more than 10% above the rate charged before the declaration.