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. I thought I'd share the rules with you, considering scalping without a license IS a crime. What about when a scalper uses a program to jam up the system with automatic purchases preventing private individuals wanting to purchase tickets the hour they go on sale? For example, let's say I purchased a pair of tickets for $100 on eBay. I couldn't buy tickets to a show I didn't know about. In the United Kingdom resale of football tickets is illegal under section 166 of the Criminal Justice and Public Order Act 1994 unless the resale is authorized by the organizer of the match. There are more important problems than legal scalping from the common person. One common form of regulation is the banning of ticket sales within a certain distance of where the event is taking place. Scalping may result in fines or other civil penalties in some situations, but it may also be regarded a criminal act punishable by jail in others. This is caused by a number of factors. On the other hand, if a scalper is a repeat offender or has a significant rap sheet, then they could receive fines that are greater than $1,000 and a prison sentence for one year or longer. The reality is that law enforcement officers and police officers have a limited number of staff and resources and need to deal with a wide range of crimes (and criminals). Is anything being done to better regulate the industry and make the ticket-buying process more user-friendly? I'm wondering where this fits in this argument of ticket brokering being legal/illegal, etc. Why shouldnt I be able to sell the tickets at face value (which doesnt include all my upfront costs, BTW), or maybe even a little more if that is what people are willing to pay. The law labeled the ticket-seller most often Ticketmaster as the aggrieved party that must bring forward charges. RE: higher price because of greed: Really? 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. Secure has also agreed to immediately take appropriate steps to comply with the Pennsylvania ticket resale statute. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. Therefore, cops are often hesitant to get involved. 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. When ticket scalping laws are broken, consequences are often not enforced. As previously mentioned, each state has its own scalping laws. There is a big difference between needing to offload tickets you cant use and preventing normal people from being able to afford the ticket price. Would I still be subject to the same laws of scalping being illegal? Rhode Island state law prohibits the scalping of tickets for an amount that is either ten percent or three dollars more than the original ticket price, whichever of the two ends up costing an individual a greater amount to repurchase. [27], In Israel, in 2002, The Knesset put into effect the 67th amendment to the Israeli Penal Code, enacting Section 194a, which outlaws ticket scalping. When the supply of tickets for a given event available through authorized ticket sellers is depleted, the event is considered "sold out", generally increasing the market value for any tickets on offer through secondary sellers. Secure previously guaranteed ticket buyers a full and immediate monetary refund for a canceled event. Effective July 1, 2015, in an effort to protect consumers from purchasing fraudulent tickets, Ontario created an exemption under the Ticket Speculation Act to: Following an announcement in 2016 that The Tragically Hip's lead singer Gord Downie had been diagnosed with terminal brain cancer, the band held the Man Machine Poem Tour. 717-787-5211 @ FrameMaker- I disagree with you. Scalpers are selling free tickets to an international gourmet food fair this weekend, a major event under the HK$20 million (US$2.5 million) "Happy Hong Kong" campaign that aims to revitalise . Enjoy! Secure Ticket Purchase thought they could walk away with consumers hard-earned money by surreptitiously changing their refund policy in the middle of a pandemic, said Attorney General Henry. So if I have tickets and somebody is offering me $800 each I should say thanks but Ill take $400 a piece instead? The New York Times reported that this could help the agency determine demand for a given event and more effectively compete with ticket re-sellers.[41]. These sites act as marketplaces that allow users to purchase tickets from a large network of brokers. Scalping does nothing to add value to a product, let alone modify it in any way so the only source for potential profit lies within the scalper's ability to purchase what they determine as being in demand and profits only exists when they are able to take advantage of the conditioned behavior consumers will experience as a result of their psychological need to have something sooner than later or what they couldn't or weren't able to be present physically at the time the original products were sold. Seems perfectly fair to me. Thanks in advance for any answers you can provide. These early laws made ticket scalping a misdemeanor offense and punishable by fines, possible jail sen-tences, and/or the confiscation of tickets. The state of Alabama has an interesting twist in its scalping law. I wanted two tickets, and I knew when they went on sale. [44], Though scalping is most commonly associated with ticket sales, the process of buying desirable commodities and selling them off for a higher rate has proven lucrative with other items, particularly electronic devices such as mobile phones, video game consoles, and computer hardware. The laws on ticket scalping tend to vary widely from state to state. Ticket scalping is the act of buying tickets in an automated manner, using bots ( scalper bots) to later resell them for an increased price. Prior to Rendell, a Democrat, signing the bill, the State Senate unanimously approved the measure, which had been sponsored by Republican State Sen. Tommy Tomlinson. So to determine if scalping is legal or not, youll need to look at state laws or laws at the municipality or county level. Pennsylvania must make a change that a number of other states have already made, he said. The law makes it illegal to own, use or share bot software. I am a season ticket holder NOT a broker. When was the last time the local governments stopped bowing down to lobbyist organizations? There are many ways that scalping can take place, such as: Lets look at scalping for various types of events and methods. 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. 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. Present The crap seats face value is $150. Scalpers are bad actors who purchase tickets or product units using scalable methods that are not available to ordinary users. Pennsylvania Governor Edward Rendell late Friday signed into law a bill that allows anyone to legally resell event tickets online. Ticket scalping is often considered an unfair practice by many people because this automatically excludes a lot of people from being able to attend the event/concert. Under this system, customers prove their purchase by showing a credit card and ID. Enjoy! Fax: This caused event promoters to put restrictions on the number of tickets that can be purchased in one transaction, which has greatly reduced unfair ticket pricing. Its not a point of the rest of us not being able to afford it. Pennsylvanians who purchased tickets before November 19, 2021 through www.boxofficeticketsales.com 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/ or email consumers@attorneygeneral.gov on or before Monday, June 26, 2023. Whichever of these two amounts ends up being greater will be the one that is applied in such a scenario under this law in New York State. I agree with the person above. If I loved the Cowboys, and I had just moved from my home state, you charging $500 per ticket would be like playing my emotions against me. These cannot be later resold or transferred via ticket exchanges such as StubHub.[5]. Now I can't go because I can't afford the huge markup. Still, if the event you want to attend has been sold out, it can be tempting to look for alternative ways to buy tickets. Scalping of game consoles is not illegal in the United States. I think the problem is that people get GREEDY. Emphasis is placed on the ways. Ticket resale is a form of arbitrage that arises when the number demanded at the sale price exceeds the number supplied (that is, when event organizers charge less than the equilibrium prices for the tickets). Others see themselves as businessmen. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. Some promoters have ceased selling tickets in the traditional first-come-first-served manner, and require prospective ticket holders to enter a "ballot" a competition with random winners with the prize being the opportunity to purchase a small number of tickets. What should would-be buyers know to protect themselves when purchasing tickets online or from secondary sources? Ticket re-sellers use several different means to secure premium and previously sold-out ticket inventories (potentially in large quantities) for events such as concerts or sporting events. Those who legalized it, should be ashamed of themselves. Did I've had a difficult time figuring out where this scenario fits. I wonder if this law limits the actions teams can take against season ticket holders, etc. I was lucky enough to find two tickets to the first Phillies game vs Cleveland that year but it just wasnt the same. Licensing Office of Public Safety and Inspections Division of Occupational Licensure 1000 Washington Street, Suite 710 Boston, MA 02118 (617) 727-3200 Web sources File a complaint against a DOL licensee, Mass. Tickets went on sale in March. If there are state, municipal, or local laws prohibiting scalping, then the act of buying and reselling tickets for a profit will be illegal. 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 Source" is a live call-in program airing Mondays through Thursdays from 12-1 p.m. Leave a message before the program at(210) 615-8982. Use some foresight! It's not "fair?" Ticketmaster sued Prestige Entertainment after determining the scalping company made 313,528 ticket orders using bots between January 2015 and September 2016. For popular events with sold out tickets, re-sellers may sell the tickets at several times the face value. The federal Better Online Ticket Sales Act of 2016, commonly known as the "BOTS Act", was adopted as the law in the U.S. to prevent attempts to automate the process of purchasing tickets en masse using ticket bots. Another reason why scalping should be made illegal critics argue is that scalpers dont necessarily care for their clients. It is better to have people who have/own the tickets who may want to get a slight profit over going themselves if people are willing to buy at a higher cost. However, you have approximately 16 states where ticket resale above face-value is restricted. In the United States, ticket resale is a $5billion industry. They state that it creates a fair, open market that both parties are agreeable toward. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Scalping is a nonviolent crime without a victim in fact, it is a crime where both parties are agreeable to the transaction. These laws vary from state to state, and the majority of US states do not have laws in place to limit the value placed on the resale amount of event tickets or where and how these tickets should be sold. Typically, private resale will contravene the original conditions of sale, but it is legally questionable whether the original conditions of sale are even enforceable; however, most venues declare that they have the right to refuse entry to anyone. The ballots are intended to discourage re-selling by making it harder to purchase large numbers of tickets because being at the front of the queue does not guarantee the holder a ticket. 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. It is important to note that not every state considers ticket scalping to be illegal. Ticket brokers operate out of offices and use the internet and phone call centers to conduct their business. Im not made of money, but I spend the funds for the season every year. This little known plugin reveals the answer. Online auction sites like eBay only enforce state ticketing laws if either the buyer and/or seller resides in the state where the event is taking place. As with crime in general, police officers handle the offense according to severity. This is why this country is going to the dogs. Law Practice, Attorney As part of the settlement, Secure has agreed to fully refund any Pennsylvania consumer who purchased a ticket before November 19, 2021 to a show which was canceled, and has not yet received a monetary refund from Secure. 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. Glastonbury Festival, which sold out 137,500 tickets within less than two hours in 2007,[42] introduced a system in the same year whereby tickets included photographic ID of the original buyer, to enforce non-exchangeability. Ticket scalping, also known as ticket brokering, refers to the act of reselling tickets for an art, cultural, music, or sporting event at a price that is higher than the original face value of a ticket. Ticketmaster acquired former rivals GetMeIn and TicketsNow,[11] while eBay bought StubHub. The Pennsylvania Office of Attorney General has entered into a settlement agreement, known as an Assurance of Voluntary Compliance (AVC), with online ticket reseller Secure Ticket Purchase, LLC and John Urich, who sold tickets online through the website www.boxofficeticketsales.com for alleged violations of Pennsylvanias Unfair Trade Practice and Consumer Protection Law. Ticket scalping (aka ticket touting or ticket reselling) is an example of a sophisticated bot attack. As discussed above, the legal consequences that one may face if they are caught illegally scalping tickets can vary widely from state to state. Now I have no problem with paying a bit of a premium, however 5 times the price is a little rediculous. If convicted, it will appear as a misdemeanor on an offenders criminal record. 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. Nefarious players in the ticket-buying game take advantage of the increased demand for popular events to swindle buyers, often through price gouging or selling fake or nonexistent tickets. Law enforcement officers may also not prioritize pursuing scalpers as these are non-violent crimes where the victim has agreed to enter into a transaction with the scalper to purchase tickets. Other brokers partner with online ticket exchanges. Other than in the case of football tickets, there is no legal restriction against reselling tickets in the UK, although individual organisations (like Wimbledon) may prohibit it. In New York, the Arts and Cultural Affairs Law prohibits the resale of tickets for more than $5 or 10% (whichever is greater) over the face price of the ticket. Effective:1/1/1975 Created 1974 Ky. Acts ch. Its important to note that there are laws specifically prohibiting scalping for raceways and for the National Football League (NFL). Some brokers host their own websites and interact directly with customers. I don't know if there is a limit to the number of tickets you can buy at one time, but I'm sure there are ways to get around it. When I first moved to Phoenix, I bought Season tickets to the Cardinals in the Club Section. The late 1990s and early 2000s saw the emergence of online ticket brokering as a lucrative business. This is common around the holidays and other times when there are scarcities of popular items. A similar practice used among ticket re-sellers is to list an item as an online auction (such as eBay) most commonly an innocuous item such as a collector's card and give the tickets as a bonus to the winning bidder; thereby not actually selling tickets in order to circumvent ticket laws. Unlike bigger ticket scalpers who buy a ton of tickets at once, this is buying and selling tickets from secondary markets. 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. At other events, reselling tickets is not illegal, but it's not permitted on stadium grounds. If you did that and just sold off the other tickets at face value to friend ( or actually use them) you would have gotten them for face value. It doesn't necessarily require a degree or high degree of knowledge to attempt the act of scalping. Generally speaking, scalping is the process of buying something in high demand at a regular price and selling it at a higher price. One example is a company called TicketReserve, which is making money by selling "options" on future sporting events. Harrisburg, PA 17120, Phone: Aside from raceway events and the NFL, ticket scalping is not necessarily prohibited. 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 other words, it is designed to prevent online ticket scalping. Why should I have to pay a higher price than the next person because someone else was greedy? However, even with anti-scalping laws, scalping activities tend to take place in person, online, and for major events. In addition, some state laws require that a scalper register with their state as a ticket broker and pay a registration fee. Those in favor of the legality of ticket scalping say that going through brokers creates a safe and reliable way to get tickets. Law, Products Many hazards are linked with purchasing scalped tickets, including the possibility of purchasing counterfeit or invalid tickets, paying inflated rates, and being defrauded by dishonest scalpers. It is simply supply and demand. What are the essential elements you should know! Do you or your family attend 90% of the games you purchased? It is not intended to provide legal advice or opinions of any kind. As such, they may act like private citizens looking for tickets and try to find scalpers dealing in large volumes or those who are taking advantage of the public by buying tickets and artificially raising prices for their benefit. 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. If you dont or cant pay the price then dont go. Obviously, the system is flawed. In most of these states, scalping is considered a misdemeanor that may result in the offender getting a fine and up to one year in jail. Lastly, to learn more about ticket scalping laws in your county, you may want to consider hiring a local criminal defense attorney as soon as possible. Some countries have restricted the unauthorized resale of tickets. As new anti-scalping laws are introduced in Victoria, our research suggests that frustrations with current ticketing systems may be a contributing factor to the continued success of scalpers. For cutting of the human scalp, see, Svartbiljetter kan frbjudas, Sydsvenskan 7 September 2010, Koll p konsertbiljettskpet?, Konsumentvrket, retrieved 18 June 2014, Learn how and when to remove this template message, Floyd Mayweather and Manny Pacquiao fight, Minister for Jobs, Enterprise and Innovation, Criminal Justice and Public Order Act 1994, "THE TRUNK LINE WARFARE - WHAT THE RAILROAD PASSENGER AND TICKET AGENTS SAY. A question that comes to mind is whether or not scalping tickets is illegal? 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!). Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. As such, a person who has been accused of illegally scalping or reselling tickets should speak to a local criminal defense lawyer immediately. Law, Immigration Keep reading as we have gathered exactly the information that you need! It just seems that there are so many tickets out there with elevated prices. Even though individuals may be located in a state where scalping is illegal, the websites remain operational nonetheless. Ticket re-sellers may conduct business on nearby sidewalks, or advertise through newspaper ads or ticket brokers. The penalty to violating the law includes fines of $1,000 to $2,000 for the first offense, and as much as $200,000 for repeated violations. Internet sites that resell tickets are regulated, tax-paying websites that capitalize on fans eagerness to buy tickets at any cost. I have a question out of curiosity that hopefully someone could help me answer. I'm a lawyer and passionate about law. Ticketmaster sells tickets in online auctions, which may bring the sale price of tickets closer to market prices. I've been around the block! [12] In 2008, the Boston Red Sox chose Ace Ticket over StubHub to sell their tickets. Generally, the majority of trading on ticket brokering websites concerns itself with tickets to live entertainment events whereby the primary officially licensed seller's supply has been exhausted and the event has been declared "sold-out". To prevent any legal penalties, it is critical to investigate the regulations in your jurisdiction before engaging in ticket scalping or purchasing scalped tickets. I strongly oppose your signing into law a bill that allows anyone to legally resell event tickets online. The new section states that unlicensed persons reselling tickets at above face value will be subject to fines. In an effort to curtail such behavior, Congress moved to pass the Better Online Tickets Sales Act of 2016, more commonly referred to as the BOTS act. Its all what people are willing to pay. In rare circumstances, scalpers may sell tickets for seats that do not exist or have obstructed views, making enjoyment of the event difficult or impossible. [24][25] Ticketmaster, Ireland's main ticket seller, runs a service called Seatwave which resells tickets, some at wildly inflated prices. What if a scalper buys up a whole section at once? Ticket scalpers (or ticket touts in British English) work outside events, often showing up with unsold tickets from brokers' offices on a consignment basis or showing up without tickets and buying extra tickets from fans at or below face value on a speculative basis hoping to resell them at a profit. The new law became effective immediately. I would hate to have to tell my son that we just can not afford to go to the opener this year. This does not actually get around eBay's selling rules, as they effectively state that the goods that the buyer receives are what the seller is selling, including any free bonuses. Committ or SHUT UP!!!! You want to attend an event with a demand that is many multiples of the number of available seats. I checked ticket exchange and the cheapest ticket (it has to be a $90 ticket because its in the cheap section) is being resold for $207/ticket. The new law removes the cap and requires that the reseller guarantee a full refund if the event is cancelled or the ticket is not valid upon entry. There are so many events around the country, so many tickets bought and sold, and only so much law enforcement bandwidth, its nearly impossible to pursue all scalpers breaking the law. Most major league teams now cater to those having more than enough money to purchase season tickets at any cost. The bill also requires the reseller to issue a refund if the ticket is incorrectly described at the point of purchase. I am glad to have brokers. Mailing Address: At 10 a.m., I was not able to get tickets. The individual buyer and seller may agree, but the competitors in obtaining an originally affordable price may be the victim. In other words, if someone were to buy tickets at face value and sell them at a higher price, they may not be in violation of specific laws regulating the event. . Gen. Laws Ann. [17], In Victoria, some events are declared as "major events" and protected by the Major Events Act 2009.
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