A person can sell event tickets online as long as they comply with applicable state laws. In the first place, the business interests at stake have very little to do with the everyday fan who needs to resell tickets because she cant make the show or because he bought four intending to make a few bucks by selling two. scalping With the recent passage of House Bill 2420, the Tennes-see General Assembly ventured back into D'dDX$8Krv0pzpD::Td1{ZT Resale, the argument goes, increases allocative efficiency because scalpers distribute tickets to those who will pay the most money for them. 1013 0 obj <>stream Hl]o0+|aeWihipkp'/hk-_ueF !\%%TO y!K P5$n? 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. 0000001161 00000 n The use of online programs to avoid ticket queues or to buy tickets over an authorized limit is prohibited. Buying something at one price and selling it at a higher price has been the basis of commerce for thousands of years. Fans would lose because artists would be stripped of their current ability to restrict sales to real fans at prices the artists choose. We are Music City. WebStubHub, Ticketmaster, TicketNetwork, and others began to lobby state legislatures to repeal or modify the stricter anti-scalping laws. Hln0)XJTUH]spp1M. Did She also taught civil procedure in the Paralegal program at Santa Clara University. Rhode Island and North Carolina both limit the amount charged above face value to $3. This type of bot attack allows online platforms to acquire a large number of tickets and resell them at higher prices. The reselling debate . The United Kingdom. WebAnd is this law only intended for ticket scalping or is it also applicable to product scalping? However, the BOTS Act of 2016 prohibits the use of software to enable scalping. gazpacho June 22, 2005, 4:30pm #4. You are our people. In Ontario, reselling tickets above the face value is completely illegal due to the Ticket Speculation Act. Let us know. Price protection is only for medical and basic goods. and even punishable. (2013 New Jersey Revised Statutes 56:8-26 56:8-38). They may call themselves fan-to-fan exchanges, but what actually drives these platforms is a multi-billion dollar industry of ticket scalping. We've helped more than 6 million clients find the right lawyer for free. So, if an artist or team wants to restrict or condition resale for tickets to their shows, they can do that; the venues will happily accommodate that, just as they let the artists and team pick price points and availabilities. Care2 Stands Against: bigots, racists, bullies, science deniers, misogynists, gun lobbyists, xenophobes, the willfully ignorant, animal abusers, frackers, and other mean people. The question of how to prevent ticket scalping is a complicated one, because it comes in various guises and concerns several different industries. Because scalping means that tickets will sell at a price too high for most people to afford. Susan is a member of the State Bar of California. The reselling debate . Your Better Online Tickets Sales Act This type of bot attack allows online platforms to acquire a large number of tickets and resell them at higher prices. Any person who counterfeits, forges, alters or possesses any fake tickets for admission to a public event violates the statute. 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, One of the issues involved in ticket resales is whether a reseller needs to collect sales tax on their sales. You can unsub at any time here. The company invests in its own anti-bot software. Analyze your needs and options and take serious measures right now. In the US, there is no federal law that addresses scalping. In extreme cases, brokers using bots acquire as many as 90% of the tickets available for a particular event. The point is that licenses differ fundamentally from sales because they can be and typically are conditional. 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. Both eBay's (EBAY 1.91%) Stub Hub and Live Nation's (LYV 0.62%) Ticketmaster support ticket reselling. Are they going to fly to California and subpoena info on their server? %%EOF Ticket resale - Wikipedia 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. 0000002512 00000 n Dean Budnick studied why concerts are so expensive and why average fans get shut out in their quest for tickets in his book "Ticket Masters.". For example, in Australias New South Wales, scalping is illegal but only if youre reselling at more than +10% of the ticket price. xb```a``a`e` @V *]]FuZO56wzhDUV3*RRM-^fQ-.BdITXiqi7OG?c0w@y@"n l@4_\\`RLK#x*[@Z|P819!3A!!c!CC:h 82pJi& 0 VX 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 startxref Complaints eventually lead to reputation loss and public relations crises. Singing the Ticket Scalping Blues 0000004745 00000 n E-Bay has agreed to suspend these transaction (perfectly OK under British law). The offense of scalping is most commonly classified as a misdemeanor, with penalties ranging from fines and/or up to one (1) year in jail. This leaves customers with no choice but to buy them at wild costs. They prepare their scalping software and tools. For six years, Tennessee has had a law making it illegal to use special computer software to buy large quantities of tickets to popular concerts and sporting events. WebThe most common method of regulation used by legislative bodies to stop ticket scalping isprohibition of any resale of tickets for a profit or premium. Let's make a change Tennessee and make scalping illegal. ", "Some of the public facilities already had some protection," VanReece told The Tennessean. fS[00. They claimed every subsequent advance in secure digital ticketing, such as Ticketmasters SafeTix encrypted mobile tickets technology, was anticompetitive. You have JavaScript disabled. Clearly, Mr. Koppells statement is incorrect: It would be impossible to sell tickets worth $125 each for a price of $325 each. The result of this is an unholy alliance between resale sites, brokers willing to use bots, and the purveyors of bot technologies. ticket "So if somebody in California buys tickets and resells to a fan in Alabama, then who is the district attorney going after? It doesnt matter that we commonly say that we bought the ticket. In fact, at least two popular ticketing brands have been implicated in scalping scams in the past, in which they were found to be accomplices, so there is also the risk of fines or even worse legal repercussions for companies. Wisconsin prohibits resale of tickets to the state fair. In the case of Endgame movie tickets, the average price of one ticket would normally be between $10 to $14, depending on the cinema. Ticket bots can do this because they enable buyers to buy tickets in bulk by completing online forms automatically so it is done faster than a human can do it with their keyboards. Sign up for free Patch newsletters and alerts. Several states, including Alabama, Georgia, Illinois, Massachusetts, New Jersey, New York, Pennsylvania and South Carolina require that anyone who resells tickets must either register or obtain a license from the state, both of which require an annual fee. degree in 1983 from the University of California, Hastings College of Law and practiced plaintiffs personal injury law for 8 years in California. Concert tickets are revocable licenses issued by the primary ticketing company on behalf of the venue hosting the event. Explore with the help of our Resource Hub! The one common denominator is that the scammer expects the event will be very popular enough to both be sold out and have fans pay dearly to buy a coveted ticket. "This is not a localized problem," said Fielding Logan, who represents The Black Keys and Eric Church, with Q Prime Management. The result is that most consumers are not able to purchase tickets when they are sold originally and are left with buying tickets on the resale market at a substantial markup. In other countries, the laws are even more diverse. The license a consumer receives when he buys Microsoft Word is to use it, not to resell it. HWrF}W#E1 . <<5c5aae24001bb641a437032051c6193c>]>> 0 Travel companies and others tend to issue tickets linked to someones identity, though others are less personal, and so on. Nonessential goods are exempted from the Price Act It is also a business model that works best when (a) as many tickets as possible get to the resale market and (b) resale prices are as high as the market will bear. Block, Practice Commentaries, McKinney's Cons.Laws of NY, 3B Arts & Cultural Affairs Law (1999 Pocket Part) Art. WebScalping is the practice of buying up a desirable commodity, such as tickets to an event or copies of a hard to find toy, and then selling it at inflated prices once the demand exceeds the supply that you helped deplete. 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. Those improperly acquired tickets then go on sale on secondary ticket marketplaces that make no genuine effort to determine the provenance of the tickets. In any case, it doesnt take a Ph.D. in economics to figure out that consumers arent better off when a $300 ticket sells for $3,000 and the artist doesnt get a penny of the scalpers $2,700 profit. %PDF-1.4 % "We have invested millions in our technology to thwart ticket requests made by bots, and we work with law enforcement to bring people using bots to justice. Without it, our site might not function properly. Using or selling software to circumvent, thwart, or evade a control or measure, which is used on a ticket seller's internet website to ensure an equitable distribution of Buying tickets in bulk to create artificial shortages and then reselling at a higher price has been observed at various times in human history. Secondary Ticket Marketplace Guide - Squire Patton Boggs Big companies show that scalping isn't illegal. 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.
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