The European Council will need to adopt the Annex formally, and member states will be given approximately two years to transpose the amendments into national law. RE: higher price because of greed: Really? Why is scalping tickets illegal and whats crucial for you to know? Use some foresight! As such, there have been preorders for gaming consoles where all the consoles were sold within minutes. Additional rules may limit to amount above the original price that scalpers can charge for tickets, or require scalpers to pay fees. Seven states Alabama, Georgia, Illinois, Massachusetts, New Jersey, New York and Pennsylvania require a special license to resell tickets. Street scalpers offer a win-win proposal that carries the risk of lose-lose. Tickets went on sale in March. Would I still be subject to the same laws of scalping being illegal? 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. Another reason why scalping may not be on the polices top priority list is that a person buying the ticket (the victim of the crime) was agreeing to pay a higher price for the ticket (its like a contract that was formed by mutual consent). As such, a person who has been accused of illegally scalping or reselling tickets should speak to a local criminal defense lawyer immediately. However, considering that scalping is a type of offense that is a non-violent offense, scalpers may see themselves break the law and not see any real consequences. Firstly, avoid buying tickets from platforms such as Facebook Marketplace and eBay, as these are almost certainly being sold by scalpers. Although derivatives was a practice in use mostly in the 1980s, some ticket brokers offer tickets even before the tickets are officially available for sale. I sold the tickets for $500 apiece, making back half of the money for my season tickets in one sale. [26] However, selling tickets in a public place (e.g. 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. @ FrameMaker- I am with you, I think that the only ones really complaining about scalpers are the sports teams who wish that they were making more money. The laws preventing scalpers from operating can take several forms. 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. While there are no federal laws against ticket scalping in the United States, many states have their own restrictions against the practice. What should would-be buyers know to protect themselves when purchasing tickets online or from secondary sources? If the reseller buys up the tickets, fans may not have the opportunity to purchase tickets at their original cost. As with crime in general, police officers handle the offense according to severity. Seems perfectly fair to me. 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. What law did I break moron? That way I can pick the events I want to go to w/o investing lots of money in season ticket plans. I could go on and rant but there wouldnt be enough space or time. The artificially inflated ticket price results in an effective obstacle to many to attend an event as they could not afford it. 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. Harrisburg, PA 17120, Phone: 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. The book examines the general situation, public opinion and legal perception of scalping for four distinct periods: 1850-1899; 1900-1917; 1918-1949 and 1950-2005. In general, states that entirely or partially ban the resale of tickets will often adopt scalping laws that set the amount at either the cost of the original ticket or no more than a percentage or a few dollars above the original amount, whichever of the two is greater. Credit Aventus / What should would-be buyers know to protect themselves when purchasing tickets online or from secondary sources? 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. - View Article - NYTimes.com", "Ticketmaster Credit Card Entry - Information and FAQs. *The mayor has declared a public emergency, which automatically brings 28-4101 into effect regarding price gouging. One common concern with resale is with scam artists selling fake tickets to unsuspecting buyers. 162, effective1/1 . Now I have no problem with paying a bit of a premium, however 5 times the price is a little rediculous. There are various anti-scalping laws in the United States but they primarily target ticket scalping as opposed to goods and products. Click here. If convicted, it will appear as a misdemeanor on an offender's criminal record. So if you are a scalper, you can sell your tickets without any legal consequences provided you are standing more than 200 feet from the entrance. 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. It'd be one thing if they charged for even close to the face value, but they don't. 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. Real fans follow their teams or favorite artists, and know when the tickets go on sale. This means that the penalties and elements to prove whether or not an individual may be punished for illegally scalping tickets will vary from state to state. I sold the tickets to the Dallas Game because I had no interest in seeing the Cowboys play, and I knew that there were a lot of transplants from Texas who wanted to see the game. The new law became effective immediately. As discussed above, the legal consequences that one may face if they are caught illegally scalping tickets can vary widely from state to state. But I just got a flyer in the mail about a show I had no idea about. They missed the boat. There are no federal laws prohibiting scalping in the United States. But economically . In the United States, the laws regulating ticket scalping varies from one state to another. If you must purchase tickets from a third party, pick a safe and reputable platform like Ticketmaster or StubHub, which offer buyer protections and ensure ticket authenticity. Even though individuals may be located in a state where scalping is illegal, the websites remain operational nonetheless. Ticketmaster sued Prestige Entertainment after determining the scalping company made 313,528 ticket orders using bots between January 2015 and September 2016. Ive been taking my 10 year old son to Phillies home openers as a tradition since he has been 18 months old. When ticket scalping laws are broken, consequences are often not enforced. Fax: 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. 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. 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. I have bought tickets from scalpers for more than 20 concerts, and only one time have I had to pay more than face value. I bought a Nintendo wii when they first came out. It is called a seat license. Login to add posts to your read later list, Event Ticketing Resources For Secondary and Primary, http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2007&sessInd=0&billBody=S&billTyp=B&billNbr=0086&pn=1250. Unlike bigger ticket scalpers who buy a ton of tickets at once, this is buying and selling tickets from secondary markets. We've helped more than 6 million clients find the right lawyer for free. Season ticket holders generally receive the same exact seat locations year after year thus they can enter a contract to deliver on tickets that they own the rights to, even if those tickets have not even been printed or sent to the original ticket holder. Copyright 1999-2023 LegalMatch. 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. I've been around the block! @anon143266: It's actually not fair. 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. 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. Law, Products 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. But . It is not intended to provide legal advice or opinions of any kind. In speaking in favor of the bill before the Senate, Republican State Sen. Ted Erickson said the move was long overdue. Im a season ticket holder. 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. 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. If anyone has a problem with that just look at all the convenience in your life. [36], Some US states and venues encourage a designated area for re-sellers to stand in, on, or near the premises, while other states and venues prohibit ticket resale altogether. 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. Her role entails writing legal articles for the law library division, located on the LegalMatch website. [2] The measure was taken in response to ticket scalping and resale markup of tickets on secondary markets and adopted during Miley Cyrus (2009) World Wonder Tour, although Ticketmaster first experimented it with AC/DC's Black Ice World Tour (200810). The haves just simply do what the have nots wont do. 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. For example, let's say I purchased a pair of tickets for $100 on eBay. 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. 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. So if I have tickets and somebody is offering me $800 each I should say thanks but Ill take $400 a piece instead? Those in favor of the legality of ticket scalping say that going through brokers creates a safe and reliable way to get tickets. According to Stephen Barrett of Quackwatch, many online ticket resellers use URLs that are similar to official box-office websites, sometimes implying via their texts or their pictures that they are official, use internet advertising to increase traffic to their website, and don't clearly state the real prices they charge for a ticket.[15]. If you bought something at a retail store and then tried to sell the item at more than retail you are in danger of being reprimanded by the law (and yeah I know people do it and do not get caught). I dont think people are disputing that you can make a little off of the sale of the tickets you cant use. Pennsylvania Governor Signs Law Allowing Ticket Resale. 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. In May, a district court denied. But is scalping really bad? Ticket resale (also known as ticket scalping or ticket touting) is the act of reselling tickets for admission to events. 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. The state of Washington has anti-scalping laws that restrict the resale of tickets for more than the original cost of the ticket plus ten percent. Essentially, this will mean that StubHub, Ticketmaster or other sites would have to set up shop somewhere in the state, a relatively easy proposition. 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. "[10] Ticketmaster launched fan to fan secondary ticket reselling site TicketExchange in November 2005. from Fordham University, majoring in both Journalism and the Classics (Latin). 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, Unfair Trade Practice and Consumer Protection Law. If convicted, it will appear as a misdemeanor on an offenders criminal record. I've practiced law in a boutique law firm, worked in a multi-national organization and as in-house counsel. As previously mentioned, each state has its own scalping laws. 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. The Flyers and Penguins both sold playoff strips for the 2008 playoffs. 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. Statement of Facts (What It Is And How It Works: Full Overview), Condemnation (Real Estate: What It Is And How It Works), Is Scalping Illegal (Ticket Scalping: All You Need To Know), Scalping is the process of buying a ticket or a good at face value and selling it at a higher price, In the United States, there are no federal laws restricting scaling, it is illegal in 16 states, in 7 states you need to have a resale license, and in 4 states the laws are regulated at the municipal level, Since scalping may be a non-violent crime without a victim, law enforcement authorities do not put such crimes on their priority list, In general, scalping activities takes place across the country without any consequences, For most events, you will not see scalping activity take place at the event but rather outside the stadium or nearby, restrictions on ticket sales above face-value, 3rd Degree Felony (What It Is And All You Need To Know), Maryland Md. [43], For taping of Comedy Central's The Daily Show and The Colbert Report, tickets were free. Online ticket resellers may bypass the licensing requirement by having a business presence in the Commonwealth, registering with the Department of State, and guaranteeing full refunds to customers if the event is canceled or the tickets are defective. "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. Heres an idea Mr. Rendell lets be sure to heavely tax those now legal scalpers to make the practice less profitable. I mean seriously! Hello Nation! Email: 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. To make the best use of their time, law enforcement officers will focus on the more serious types of crimes, most of the time violent crimes or other types of crimes they deem serious enough to pursue. By the way those who buy season tickets pay more than face! Ive always saw you as one that was able to find a way to get things done, and done fairly. 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. BTW you could go online at the beginning of the year and buy up tickets and if that team dont make it to the finals your going to be out a lot of money. The laws on ticket scalping tend to vary widely from state to state. Under the states old law, only licensed brokers could resell tickets, and then for a maximum of 25 percent about 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. Internet sites that resell tickets are regulated, tax-paying websites that capitalize on fans eagerness to buy tickets at any cost. Tickets sold through secondary sources may be sold for less or more than their face . I am sure if you just wanted to go to a regular season Penguins game during the middle of the week against a last place team you would buy the tickets for LESS than face value and never feel guilty that someone lost money so you could go. Tickets are bought from licensed sellers and then sold for a price determined by the individual or company in possession of the tickets. Ticket resale is common in both sporting and musical events. Are there any legal ramifications to scalping. Noone wants to sell them for the price they paid because there are 50 other people you are willing to pay more. I counter offered $70 a ticket, twice what the artist will benefit from, and the broker responded, $70 isnt even in the ballpark, I dont wake up for $70, $200 or nothing, Id rather not sell them than lose that much money on the sale. How is that LOSING? It was a preseason game and the Phillies organization treated it as such providing thoses fans with not as much as a token of appreciation for coming out to a meaningless preseason game. An analysis of the purpose and limits of the ticket reselling law as it was first enacted. As a result, many fans who may already have a hard time buying tickets at face value may not be able to buy tickets through a scalper. U.S. corporate ticket reselling firm Ticketmaster developed a strong online presence and made several acquisitions to compete in the secondary markets. Why shouldnt I be able to recoup my cost of a ticket? 14-344. Laws became even more difficult to enforce when the practice became widespread online. A question that comes to mind is whether or not scalping tickets is illegal? The scalper must also specify the actual cost of the ticket, along with the retail price and section included on the ticket if they advertise to resell a ticket. 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". 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. U.S. ticket resale laws vary by state. Scalping in its modern iteration, also known as bulk or automated buying, is a threat to eCommerce and ticketing websites selling sought-after products and services. Let me know when you want to give that all up. 717-787-8242 There are no federal laws prohibiting scalping but there are 16 states where scalping is considered illegal. But with a projected $15.2 . Or would this viewed as nothing more than buying and selling to demand like stocks or collectible commodities? I couldn't buy tickets to a show I didn't know about. Attorney General Combats Ticket Scalping with Settlement Forcing Online Re-Seller to Refund Consumers for Canceled Events. For example, imagine that theres a major sporting event where theres a high demand for tickets and only a very limited number of seats. Negotiation is an art, patience is a virtue. So, dont cry about ticket costs when the law is now there if you yourself cannot go you, can sell them. I agree that there should be a cap on the price tickets are allowed to resell for. In this case the law of supply & demand was tampered with so to speak. --xtina. All the complainers dont understand about commitment. Here is the website to the bill: http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2007&sessInd=0&billBody=S&billTyp=B&billNbr=0086&pn=1250. The efforts required to shut down these websites illegally selling tickets is costly and time-consuming for the police authorities and law enforcement. This is caused by a number of factors. For example, in Arizona, scalping is prohibited within 200 feet of the entrance of the venue. At other events, reselling tickets is not illegal, but it's not permitted on stadium grounds. Efforts to make the practice illegal are overshadowed by such websites. In the other states, you may not have any state laws but you have a few states that regulate scalping at the municipal level. This is especially true in cases where a person is facing charges and possibly a prison sentence for illegally scalping tickets in a particular state. Those who legalized it, should be ashamed of themselves. [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. I was trying to find the bill to reference but I have not found it yet. I now realize I couldn't get them because resellers were buying them at the exact same time, not even letting us eager consumers purchase the tickets for the event we want! Ten years ago, when Minnesota became the first state to legalize ticket resale (scalping) without any constraints or regulatory oversight, it set in motion one of the most interesting. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Most of us are unable to shell out large amounts of cash for these ticket packages, and are pretty much left out in the cold. [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. Law Practice, Attorney Ticket scalpers are motivated by different factors, including greed, the desire to prey on fans emotions, and a love of capitalism. Others see themselves as businessmen. 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? 140 185D, North Carolina N.C. Gen. Stat. When I first moved to Phoenix, I bought Season tickets to the Cardinals in the Club Section. And you think that the people who buy the tickets with no gaurantee of either being able to use the tickets or recouping their investment should subsidize your going. Some events have Ticket Transfer which allows the tickets to change ownership and allow for tickets to be transferred through Ticketmaster's proprietary systems. Ticketmaster acquired former rivals GetMeIn and TicketsNow,[11] while eBay bought StubHub. This is why scalping often occurs in close proximity to events, such as concerts or baseball games, but not within the grounds or stadium. Resellers use scalping bots (aka ticket bots) to acquire tickets in large amounts. Those who can enforce the law at races or football games include box office personnel, supervisors, venue managers, ticket agents, security agents, event promoters and seat holders. 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.

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