So instead of complaining next year just buy a season ticket package and throw away the tickets you can not use, or you could be glad there are brokers that just ask you to pay for one or two events a year that you really want to go. There are regulations to follow, and fines and penalties if they are not followed. Pennsylvania Governor Edward Rendell late Friday signed into law a bill that allows anyone to legally resell event tickets online. I have a question out of curiosity that hopefully someone could help me answer. These early laws made ticket scalping a misdemeanor offense and punishable by fines, possible jail sen-tences, and/or the confiscation of tickets. Secure has also agreed to immediately take appropriate steps to comply with the Pennsylvania ticket resale statute. Ticket scalping laws, for example, differentiate between scalpers on the streets and ticket brokers. Additional rules may limit to amount above the original price that scalpers can charge for tickets, or require scalpers to pay fees. In May, a district court denied. 10 Some state regulations are designed to prohibit scalping only if the issuer wishes to do so." Other regulations attempt to control scalpers by requiring a license. 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. The purpose of this article is to provide a brief historical perspective of ticket scalping, examine various anti-scalping legislation and analyze re-lated case law. These sites act as marketplaces that allow users to purchase tickets from a large network of brokers. The artificially inflated ticket price results in an effective obstacle to many to attend an event as they could not afford it. Even in states that do not place restrictions on the act of ticket scalping, there may still be laws on where scalpers may operate to resell tickets. Scalping in Pennsylvania is legal, as long as the seller doesn't collect $5 or 25 percent more than face value on the ticket, whichever is higher. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using the Lawyer.Zone's website or by communicating with Lawyer.Zone by way of e-mail or through our website. I've been around the block! What should you know to avoid being a victim of ticket fraud? Tickets sold through secondary sources may be sold for less or more than their face . Who said you had to wait till the last minute to get a ticket. In addition to ticket scalping, there is another common form of this practice called retail scalping. The efforts required to shut down these websites illegally selling tickets is costly and time-consuming for the police authorities and law enforcement. U.S. ticket resale laws vary by state. Why because there is another one like it at another dealership so you dont have to. Law Practice, Attorney If convicted, it will appear as a misdemeanor on an offender's criminal record. I was lucky enough to find two tickets to the first Phillies game vs Cleveland that year but it just wasnt the same. What law did I break moron? Secure then changed their refund policy, without notice and against Pennsylvania law, to a mandatory store credit and refused to provide monetary refunds for canceled shows, according to the Office of Attorney Generals investigation. An analysis of the purpose and limits of the ticket reselling law as it was first enacted. [22] As a result, in 2017, Ontario announced legislation to attempt to crack down on scalper bots. Customers have argued that this generates an unfair advantage for the scalpers, adding to an already controversial practice, and many sites have begun implementing anti-bot measures to combat such tactics. The Keystone State joins Connecticut and New York as the most recent states to legalize ticket scalping, but requires resellers have a presence in the state. Established re-sellers may operate within networks of ticket contacts, including season ticket holders, individual ticket re-sellers, and ticket brokers. - View Article - NYTimes.com", "Ticketmaster Credit Card Entry - Information and FAQs. Ticketmaster sued Prestige Entertainment after determining the scalping company made 313,528 ticket orders using bots between January 2015 and September 2016. If re-sellers buy the tickets and the tickets are not then sold out, then they risk a loss. On this blog, I provide you with golden nuggets of information about lawyers, attorneys, the law and legal theories. 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. I immediately checked Stubhub - they had 172 tickets for the event, all starting at three times the face value of the ticket! Jaclyn started at LegalMatch in October 2019. Missing a ticketing platform's initial on sale time for a popular event most often results in one of two outcomes: You don't go or you end up paying many times the face value to get in. Ticket scalping has become a huge business; however, it is nearly impossible to account for the broad ef- After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. Civil infraction, punishable by up to $1,000 in fines and license/permit revocation/suspension (where applicable). When ticket scalping laws are broken, consequences are often not enforced. Under this system, customers prove their purchase by showing a credit card and ID. About the same time, I see tickets being posted on brokers websites for six and a half times the ticket price ($35 to $225). Harrisburg, PA 17120 Recently, the state of Florida passed a law that prohibited the resale of tickets that cost more than a dollar extra than the original ticket price. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. But economically . It'd be one thing if they charged for even close to the face value, but they don't. 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. press@attorneygeneral.gov, Pennsylvania Office of Attorney General Strawberry Square Laws about ticket scalping vary by state, and there is no federal law that prohibits the practice. We missed only one home opener in all of those years, the year the Bank opened in 2004. 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. Scalping or ticket touting is against what general customers want. These criminals and their activities are not to be confused with legitimate ticket brokers and individuals who abide by the law to legally resell tickets on the secondary market. As with crime in general, police officers handle the offense according to severity. The unfair part of scalping is when scalpers buy up a large amount of tickets, making it impossible for enough customers to buy the tickets they want at the affordable price. The crap seats face value is $150. In Wisconsin, the state law provides that a ticket cannot be sold for more than the original price of the ticket. Do you right the tickets off on your tax return? This is often possible if the reseller is a season ticket holder. [18], Quebec put into law "Bill 25" in June 2012, making it illegal for ticket brokers to resell a ticket for more than the face value of the ticket without first obtaining permission from the ticket's original vendor. You have entered an incorrect email address! Ticket resale (also known as ticket scalping or ticket touting) is the act of reselling tickets for admission to events. These measures serve effectively as a means of preventing those reserving these sought-after tickets from selling them for a cash value upon reservation. In this article, I will break down the question Is Scalping Illegal so you know all there is to know about it! 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. 717-787-3391. Why are tickets different? While it may at first seem like the shift from purchasing physical tickets for events to buying digital versions would have dissuaded scalpers, the problem has only continued to get worse with technological advancements. Since it was not clear how the preorder system worked, who was invited, and how you could place an order, scalpers were able to put their hands on the consoles and resell them at a higher price. Buying tickets from a scalper is riskier and more expensive than purchasing them from an authorized vendor. It is important to note that not every state considers ticket scalping to be illegal. I sold the tickets for $500 apiece, making back half of the money for my season tickets in one sale. This settlement puts all ticket resellers on notice: if you deceive Pennsylvanians to maximize your bottom line, you will be held accountable.. This year I will probably not make it Thanks again Ed Spendell. U.S. corporate ticket reselling firm Ticketmaster developed a strong online presence and made several acquisitions to compete in the secondary markets. When looking for authorized tickets, it is important to do your research and ensure that you are truly purchasing off of a platform that is backed by the organization sponsoring the event. Its frustrating to watch some people with their Gucci jeans walk aimlessly around The Bank looking for their seats, obviously never have been to the stadium before. Its all what people are willing to pay. The way the scalping laws are written may also allow scalpers to circumvent the application of the law. I have Penguin season tickets and a guy who sat in my row last season had his tickets revoked for this season because he sold too many games on the internet. Resale laws, policies, and practices are generally decided, practiced and governed at the local or even venue level in the US and such laws and or interpretations are not currently generalized at a national level. I do the same thing with my Red Sox season tickets. The fact that it is a business to make tickets scarce and then sell them off at outrageous prices is appalling. [14] There may be individuals who wish to attend a popular event (and decide to sell their tickets later) and those that buy tickets in large quantities in order to resell their tickets for a profit. Unlike Connecticut, New York, Minnesota or other states that have recently approved the resale of tickets, Pennsylvanias law is a bit trickier by requiring resellers have a presence in the state: A reseller that uses [an] Internet website shall not be required to obtain a license to resell through the Internet website if the operator of the Internet website: Has a business presence and physical street address in this Commonwealth and clearly and conspicuously posts that address on the Internet website, or has a business presence in this Commonwealth and one of the following: a registered agent, a foreign business license or a certificate of authority issued by the Department of State.. In Pennsylvania, a special brokers license is required; however, it is not uncommon for many unauthorized scalpers to carry out their own illegal transactions. Let me know when you want to give that all up. For example, there are seven states that require that you hold a specific license to legally buy and resell tickets, these states are: There are 16 states in the United States where there are restrictions on ticket sales above face-value, namely: There are four states where the laws governing the process of scalping are at the municipal level, such as in: Before we answer the question of whether scalping is legal or not, lets first understand what is meant by scalping. [37], Another issue in the US is that since ticketing laws vary by state, many ticket re-sellers use a loophole and sell their tickets outside of the state of an event.[38]. I called my friend and told him to come over I just bought a wii and he told me his boss is looking for one and would pay me double what I paid so I sold it to him. The resale of tickets is only permitted if an entertainment site or venue has provided an express authorization. Instead, only individual municipalities in both states may impose local rules against ticket scalping. They get together, negotiate a deal, and everyone walks away with what they want. ".. crime without a victim in fact, it is a crime where both parties are agreeable to the transaction" is incorrect. What on earth could be *more fair? "[10] Ticketmaster launched fan to fan secondary ticket reselling site TicketExchange in November 2005. I strongly oppose your signing into law a bill that allows anyone to legally resell event tickets online. It doesn't necessarily require a degree or high degree of knowledge to attempt the act of scalping. Pennsylvanians who purchased tickets before November 19, 2021 through, for a show that was canceled and has not yet received a monetary refund should contact the Office of Attorney Generals Bureau of Consumer Protection by filing a consumer complaint online at, www.attorneygeneral.gov/submit-a-complaint/consumer-complaint/, Send Drug and Child Predator Anonymous Tips, Community Drug Abuse Prevention Grant Program, ACRE Agriculture, Communities and Rural Environment, Pennsylvania State Coroners Education Board, Voters Rights in Effect at the Polling Places on Election Days. (This may not be the same place you live). I'm sure it's because of scalpers, because I found some selling seats on ebay. My point is, this law will further the distance between the haves and have nots. Scalping tickets is the practice of mass buying and reselling of tickets by an individual who is not associated with the organization that is sponsoring the event. The law requires any individual who purchases tickets with the intent to resell them at a higher price to first obtain a license from the County Treasurer where the sale will occur. Jaclyn holds a J.D. I figured that if they were going to be rooting against my new home team, I would make them pay. Ticket re-sellers may conduct business on nearby sidewalks, or advertise through newspaper ads or ticket brokers. Some have been known to forge tickets, selling them to unsuspecting people who will later be unable to enter into the event they believe they have paid for. I'm a lawyer and passionate about law. If you find ticket scalpers close to raceways and the NFL, you may likely see a higher level of enforcement by the police authorities and others, such as: Considering the level of supervision taking place at raceway games and the NFL, scalpers tend to stay away from such events or conduct their activities with a higher level of care. Example; Actual ticket price $50.00, resale price at $200.00 profit $150.00 a resale tax of 75% of the profit would be $112.50 (to the state) net profit to reseller $37.50. Some brokers host their own websites and interact directly with customers. Official Ticketmaster Site", "Ticketmaster tries to cut out scalpers again", "Miley Cyrus Fights Scalpers with Paperless Tickets", "StubHub begins warning customers that some paperless ticket sales might be refunded", "An underground community of 'sneakerheads' is using bots to corner the market on rare sneakers", "Ticketmaster Sues Broker Over Use of 'Bots' to Buy Up Tickets", "Congress Moves to Curb Ticket Scalping, Banning Bots Used Online", "Ticketmaster's near monopoly challenged as technology changes", "TicketsNow.com, Inc.: Private Company Information - Businessweek", "Don't Get Misled By Online Ticket Resellers", "Stringent Quebec ticket resale law goes into effect", "Newsroom: Ontario Protecting Consumers in the Resale Ticket Market", "'There's a big problem': Two-thirds of Tragically Hip tickets weren't sold directly to fans", "After Tragically Hip show outrage, Ontario moves on scalper bots", "Anti-touting laws would just send business online minister", "Outrage as an official Ticketmaster website allows touts to sell U2 tickets at TREBLE the price", "Polish football official arrested for ticket-touting at Aviva", "Israeli Knesset debate prior to enacting the 67th amendment to the Israeli Penal Code", http://www.sydsvenskan.se/kultur--nojen/svartbiljetter-kan-forbjudas/, http://www.konsumentverket.se/Om-oss/Nyheter-och-aktuella-fragor/Pressmeddelanden/Pressmeddelanden-2014/Koll-pa-konsertbiljettskopet/, "BBC NEWS - Entertainment - Q&A: Ticket touting", "Inside Wimbledon's Black Market Ticket Trade", "The surreptitious rise of the online scalper", "STATE v. CARDWELL - 246 Conn. 721 (1998) - Leagle.com", "BIG DAY OUT 2010 - Music Festival - Auckland, Gold Coast, Sydney, Melbourne, Adelaide, Perth", "M2006 > Ticketing > About the Ticket Ballot and Special Ticket Offer", Ticketmaster Auction Will Let Highest Bidder Set Concert Prices, "Somerset - Glastonbury Festival - Glasto until 2010? Well, for one, other than just purchasing the inventory for resale, it's modified, branded, and becomes a product of the seller. I dont think people are disputing that you can make a little off of the sale of the tickets you cant use. 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. outside a venue) is illegal under the Casual Trading Act, 1995 in 2015 Kazimierz Gre, an official of the Polish Football Association, spent the night in a cell after being arrested for selling tickets outside an IrelandPoland football match. 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. The buyers who have the money and means to pay the high price demanded from scalpers will end up getting the tickets they want (hoping they are not defrauded in the process with counterfeit tickets!). New York State law only permits prices above face value by the greater of $5 or 10%. 16th Floor, Strawberry Square The individual buyer and seller may agree, but the competitors in obtaining an originally affordable price may be the victim. But, what scalpers do is take the product of someone else, and either through organically existing scarcity or as a result of higher demand to serve the purpose of scalping, then position themselves in a way as part of the supply chain. Seven states Alabama, Georgia, Illinois, Massachusetts, New Jersey, New York and Pennsylvania require a special license to resell tickets. The point of this ridiculous situation is that if the team sets the price for level E seats at the Penguin arena for Round 3 at $90 then you should only have to play $90 for the item.
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