Due to popular demand and positive response, we are pleased to present the fourth edition of our Secondary Ticket Marketplace, Guide to US Ticket Resale Regulations for 2023. This comprehensive guide summarizes the various US state and local legal requirements with respect to the resale of tickets.
Continued growth in the ticket resale industry and public outcry against ticket scalping and insufficient ticket pricing and fee transparency continues to attract the attention of US regulators at the state and local levels. The number of state and local jurisdictions that regulate ticket resales continues to grow and existing regulation continues to evolve. In addition, in 2023, bills were introduced in both the US House and Senate, which, if passed would regulate disclosures around ticket pricing and fees and prohibit so-called junk fees.
While some common themes have developed in the regulations in recent years (such as refund requirements, prohibition on the use of deceptive domain names, and prohibition on the use of software to circumvent website security measures or ticket volume limitations), there is significant variation in the regulatory scheme from jurisdiction to jurisdiction. This guide provides an overview of existing and new state and local regulations and helps navigate requirements surrounding the secondary ticket marketplace.
The 2023 Secondary Ticket Marketplace, Guide to US Ticket Resale Regulations is authored by Laura D. Nemeth, a Corporate partner with more than 13 years of experience advising clients in the ticketing industry, and Steve Delchin, an appellate and litigation attorney with decades of experience in advising clients on ethical issues.