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. The order prohibits "selling, offering to sell, or causing to sell in the state any essential consumer goods or services for an amount that represents an unconscionably excessive price.". Cal. At 10 a.m., I was not able to get tickets. This site is protected by reCAPTCHA and the Google. But in those places where it is illegal, the problem is normally that scalpers move in and artificially deplete the supply of tickets on day-one, then mark up the price of the tickets sufficiently that they recoup their money, even if they don't actu. When scalpers buy large quantities of tickets, they take the risk of failing to resell all of them, losing money. Scalping bots, computer programs specially designed to purchase and resale items at inflated prices, have become common for tickets as well as other items sold online. If scalping were illegal, then I would have never been able to afford such great seats. I could not get through and now they are charging more than double the fee. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. *The mayor has declared a public emergency, which automatically brings 28-4101into effect regarding price gouging. After a declared "market emergency," charging "unconscionably high" prices for petroleum or heating fuel-related products or services. Connecticut is one of 11 states that prohibit ticket scalping, but like a number of these states, the Constitution State allows tickets to be resold with a reasonable service charge, which as of 2006 was $3. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. It prohibits price increases of more than 10%. An hour later, the event was declared sold out. Already considered a struggling industry in many parts of the world, live events venues are some of the loudest opponents to ticket scalping, as this can actively damage how many people can attend their shows. Manage Settings Penal Code 346 Connecticut - CGS 53-289 Florida - Fla. Stat. Tickets sold through secondary sources may be sold for less or more than their face . Considered an unlawful trade practice, subject to injunctive relief and private civil action by individuals for damages. Firstly, avoid buying tickets from platforms such as Facebook Marketplace and eBay, as these are almost certainly being sold by scalpers. *The governor of North Carolina has declared a state of emergency to prevent the spread of COVID-19. if you really want the fair price, how about buy the tickets before that night? "Charging the consumer a price that is grossly in excess of the price at which similar property or services are sold" -- regardless of whether there is a declared emergency. Street scalpers offer a win-win proposal that carries the risk of lose-lose. Aggrieved parties have the private right of action under the Consumer Protection Act to sue the offending party. *Illinois has declared a state of emergencydue to COVID-19. Most of these laws provide for civil penalties, as enforced by the state attorney general, while some state laws also enforce criminal penalties for price gouging violations. When I first moved to Phoenix, I bought Season tickets to the Cardinals in the Club Section. *The mayor has declared a public emergency, which automatically brings 28-4101 into effect regarding price gouging. Civil penalty of up to $25,000 per violation. I can buy almost anything for someone else, whether I know him or her or not, so why not tickets to an event? Did This is common around the holidays and other times when there are scarcities of popular items. Scalpers can then exploit the rarity of tickets, raising their prices as high as they like, and exploiting the desperation or intense desire of fans to see their favorite band or sports team. Rife with exploitation, conmen, and exorbitant price hiking, what little benefit there might be to fans is overshadowed by the negatives of this controversial industry. Additional rules may limit to amount above the original price that scalpers can charge for tickets, or require scalpers to pay fees. Your lawyer will also be able to explain how the laws may affect the outcome of your case and can discuss the potential penalties you may receive if you are convicted of the act. What if a scalper buys up a whole section at once? These ticket scalpers use various methods to achieve their end, and the practice in general is often seen as being unfair and damaging to the live event industry, due to the fact that the practices involved reprieve people from seeing shows. In addition, some state laws require that a scalper register with their state as a ticket broker and pay a registration fee. Instead, states are free to enact their own state scalping laws to regulate the practice. There is also a price-gouging complaint form available.. Efforts to make the practice illegal are overshadowed by such websites. *Apublic health and civil preparedness emergency was recently declared to help slow down the COVID-19 pandemic. Raising prices excessively during an extreme shortage, commonly referred to as price gouging, takes the law of supply and demand to the extreme. I immediately checked Stubhub - they had 172 tickets for the event, all starting at three times the face value of the ticket! It's not "fair?" Charged as an unconscionable business act or practice; punishable by up to $10,000 per violation (an additional $10,000 if victims were elderly), injunctive relief, and restitution. Law, Intellectual Law Practice, Attorney Selling "goods and services vital and necessary for the health, safety, and welfare of consumers" at an "unconscionably excessive price" (as determined by the court) when there is an abnormal disruption of the market. 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. The gaming community specifically is dealing with this problem. New Jersey state law provides that tickets cannot be scalped or resold for an amount that is more than twenty percent or three dollars of the original ticket price, whichever of the options is greater when applied. Property Law, Personal Injury It does not apply to tickets offered through resale via the internet or at a permitted event when an individual or organization reselling the ticket guarantees a full refund to the buyer if the event is canceled, the ticket holder is denied admission to the event (this does not apply if the buyers actions or omission caused their not being able to get in), or the buyer does not receive the ticket so cannot use it to attend the event. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Civil penalty of up $10,000 per violation, plus legal costs; criminal penalties ranging from a misdemeanor (up to $1,000 and 6 months in jail) to a felony (1 to 5 yrs. *West Virginia declared astate of emergency to prevent the spread of COVID-19. States that restrict scalping include: Arizona, Arkansas, California, Connecticut, Delaware, Kentucky, Louisiana, Michigan, Mississippi, Missouri, New Mexico, Ohio, Rhode Island, and Wisconsin." There are another seven states that "require a seller to have license to broker tickets, and many limit the allowable markup to $3 or less." I sold one more pair of tickets that season and made another $400, so I only paid $600 for six sets of great regular season tickets, plus preseason games. Event is canceled. Scalping isn't fair, and just like the article says, it makes the average person pay higher prices. Scalp-taking is considered part of the broader cultural practice of the taking and display of human body parts as trophies, and may have developed as an alternative to the taking of human heads, for scalps were easier to take . By Joseph Knoop. If you feel a company is unfairly boosting prices during a state of emergency, contacting your state attorney generals officeis your best recourse. hard labor for damage exceeding $5,000, up to 10 yrs. Therefore, cops are often hesitant to get involved. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Stat. Visit our attorney directory to find a lawyer near you who can help. The common thread lies in the effort to curb unfair profiteering during anemergency. It expires on December 31 of each year, unless renewed. The state of Alabama has an interesting twist in its scalping law. Copyright 1999-2023 LegalMatch. I couldn't buy tickets to a show I didn't know about. If prices are 10 or 15 percent higher (some states have different thresholds), then it may be determined that price gouging has occurred. They state that it creates a fair, open market that both parties are agreeable toward. Estate Yes, they run the risk of not selling, but why should they care if they've sold their other tickets at a huge markup? Thirty-six states plus Puerto Rico, the U.S. Virgin Islands, Guam and the District of Columbia restrict price-gouging in some way. Ticket scalpers are motivated by different factors, including greed, the desire to prey on fans emotions, and a love of capitalism. Law, Insurance Those in favor of the legality of ticket scalping say that going through brokers creates a safe and reliable way to get tickets. Jaclyn holds a J.D. Seven states Alabama, Georgia, Illinois, Massachusetts, New Jersey, New York and Pennsylvania require a special license to resell tickets. There are 16 states in the United States where there are restrictions on ticket sales above face-value, namely: Arkansas - Ark. Meeting with a lawyer can help you understand your options and how to best protect your rights. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. But I just got a flyer in the mail about a show I had no idea about. That means the answer differs based on where you live. Though artists and sports teams frown on the practice, it goes on unhindered in many places because the object for sale is entertainment not a necessity. *Idaho declared a state of emergency in response to COVID-19, which activates the above provisions. Events that commonly attract ticket scalpers include the following and more: If there is an extreme shortage of tickets for an event that is in high demand, scalpers may go even further than simply buying and reselling authentic tickets. Consequently, time spent in line is a commodity to those who can not, or will not . Google: No. Alternatively, scalpers can manually purchase and sell tickets to and from customers outside of the venue. The practice of scalping is currently defined as a misdemeanor by 15 US states individually, with nothing more than a slap on the wrist for destroying an . *The governor declared a state of disaster due to COVID-19., *The governor declared a state of emergency in preparation for COVID-19., * The governor has issued a state of emergency in response to COVID-19. Charging within a disaster area an excessive price for any necessity (or that which the seller has reason to believe will likely be provided to consumers within a disaster area). 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. Tickets are bought from licensed sellers and then sold for a price determined by the individual or company in possession of the tickets. (This may not be the same place you live). In the United Kingdom, ticket scalping is technically legal, except at soccer matches, where it is against the 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. As previously mentioned, each state has its own scalping laws. In 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. The resale of tickets is only permitted if an entertainment site or venue has provided an express authorization. The laws on ticket scalping tend to vary widely from state to state. The prices at which they will purchase second hand tickets will usually be a reduced cost, and will normally be the same or less than the person originally purchased them for. Otherwise, such conduct will be considered to be illegal in Maine. This is the most commonly seen method (for obvious reasons), and is a frequent sight at events and shows. 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. The service fee amount must be made public by writing or printing the amount on the tickets. A couple of days later, I sell the same tickets for $150 on StubHub. There is a median salary of $38,250 for scalpers in the United States. For example, some states prohibit the scalping of tickets if a scalper is 1500 feet or closer to the entrance of a venue where a resold ticket can be used. So, then what separates scalping from something like drop shipping? An individual who resells tickets must guarantee a full refund to a buyer if the: These guarantees do not apply to student tickets from higher education institutions for sporting events. Everyone has access to the tickets at the same time, scalpers and non-scalpers alike. *TheOklahoma governor issued a state of emergency as a response to COVID-19 pandemic, activating the above provisions. Scalping unfortunately isn't exclusive only to gaming consoles. Sweden on the other hand has some of the most relaxed laws surrounding ticket resale, with no legal limitations in place regardless of what the specific venue decides. RE: higher price because of greed: Really? After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. States that restrict scalping include: Arizona, Arkansas, California, Connecticut, Delaware, Kentucky, Louisiana, Michigan, Mississippi, Missouri, New Mexico, Ohio, Rhode Island, and Wisconsin." There are another seven states that "require a seller to have license to broker tickets, and many limit the allowable markup to $3 or less." Unlike bigger ticket scalpers who buy a ton of tickets at once, this is buying and selling tickets from secondary markets. Finally, if you need help with negotiating a plea deal or if you need legal representation in court for a ticket scalping issue, your attorney will also be able to provide these services too. Today, ticket scalpers use bots (software programs created to carry out automated, predefined and repetitive tasks) to buy as many tickets as possible when an event such as a concert or sporting event is announced. *You can file a complaint of price gougingonlineor through calling the Attorney General Office at775-684-1100. All rights reserved. The offense of scalping is most commonly classified as a misdemeanor, with penalties ranging from fines and up to one year in jail.
