Answer (1 of 7): It isn't illegal everywhere. Use some foresight! Considered an unlawful trade practice, subject to injunctive relief and private civil action by individuals for damages. Instead, states are free to enact their own state scalping laws to regulate the practice. *The governor of Alabama declared a state of emergency to prevent the spread of COVID-19, * The governor has declared a state of emergency to prevent the spread of COVID-19. Ticket resale - Wikipedia "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. Is GPU Scalping Illegal? - LegalProX While there is no official law against other kinds of ticket resale such as for music and sporting events specific venues can place restrictions. In North Carolina, it is illegal to use deceptive or unfair acts or practices that affect commerce and create unequal competition. Scalping is a nonviolent crime without a victim in fact, it is a crime where both parties are agreeable to the transaction. The state of emergency prohibits unjustified increases in the price of essential consumer goods and services. As with crime in general, police officers handle the offense according to severity. Alternatively, scalpers can manually purchase and sell tickets to and from customers outside of the venue. Copyright 2023, Thomson Reuters. Its time to make a stand against the practice and officially outlaw scalping in the United States. 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? Many people also feel threatened by physical resellers, and dislike their presence outside shows and venues. All rights reserved. Tickets are limited, so snatching up tickets in essence limiting availability to others is criminal. Event is canceled. Law, Insurance & This scenario attracts governmental attention. 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. Make sure to do your own research or contact a local attorney if you have additional questions about a particular state law. A few states regulate ticket scalping. Selling commodities, household essentials, fuel, etc. 10-1-310 Kentucky - Ky. Rev. Name 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 Upon the declaration of a state emergency, charging "grossly excessive" prices for food, construction services, emergency supplies, or other vital goods or services. Others see themselves as businessmen. They want your money, you want their ticket; open market regulates the price based on supply/demand. Selling goods/services during a declared state of emergency (within the designated emergency area) in excess of the ordinary price range immediately before the declaration. It is important to note that not every state considers ticket scalping to be illegal. They loaded up on nonperishable food, meat and toilet paper, as well as cleaning, sanitizing and personal protection products. Civil infraction, punishable by up to $1,000 in fines and license/permit revocation/suspension (where applicable). This is the most commonly seen method (for obvious reasons), and is a frequent sight at events and shows. In Texas, unsurprisingly, there's no state law against ticket scalping, and in Houston there is only a city ordinance that makes it illegal to sell them on public property inside city limits. I've had a difficult time figuring out where this scenario fits. *Iowa declared a state of emergency to prevent the spread of COVID-19 pandemic activating61-31.1 (714)of the Administrative Code. Services Law, Real I immediately checked Stubhub - they had 172 tickets for the event, all starting at three times the face value of the ticket! At other events, reselling tickets is not illegal, but it's not permitted on stadium grounds. in prison and up to $10,000 fine). I'm sure it's because of scalpers, because I found some selling seats on ebay. The day of 3 Major technology companies next generation of gaming hardware was put on sale, it was en masse bought out before any real customers could buy them and put on resale on eBay for ridiculous prices. *Kansas declared a state of emergency in response to COVID-19 pandemic, prohibiting any supplier from "profiteering from a disaster". I could not get through and now they are charging more than double the fee. Raising Prices During a State of Emergency: What's Legal? - Family Handyman I have shown up late to concerts and been able to get in for less than half price by buying tickets form a scalper who bought too many tickets. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Fair Punishment1001 SW Emkay Drive #100Bend OR 97702. Laws about ticket scalping vary by state, and there is no federal law that prohibits the practice. As some people purchase scalped tickets unknowingly, it would be difficult to enforce many rules against individuals purchasing the tickets. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. Discovery activities are placed on hold from the time the motion is filed until the court has ruled on it, although the judge may permit . Thanks in advance for any answers you can provide. Everyone has access to the tickets at the same time, scalpers and non-scalpers alike. You can learn more about Jaclyn here. Someone's got a product to sell, someone else is looking for that product. NC Legislature: 55-1-22. Any person or entity in violation of this law faces a Class 2 misdemeanor. Currently, there are no federal laws that prohibit the scalping or resale of tickets. The laws preventing scalpers from operating can take several forms. 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. Or would this viewed as nothing more than buying and selling to demand like stocks or collectible commodities? | Last updated March 24, 2020, When disaster strikes, whether it's a Category 5 hurricane, a pandemic, or an uncontrollable wildfire, consumers are often left scrambling for basic necessities such as drinking water and medical supplies. As the COVID-19 pandemic took hold in the United States, retailers couldnt keep a wide range of products in stock, particularly food,household suppliesandpersonal protective equipment. We've helped more than 6 million clients find the right lawyer for free. The laws on ticket scalping tend to vary widely from state to state. This is because they are a captive audience of sorts, and the short notice of the event adds pressure on people to pay over the odds. When retailers take advantage of these spikes in demand (often coupled with supply bottlenecks) by charging exorbitant prices for necessities, it's referred to as "price gouging.". She went on a Web site called. In the end, both major change and increasing capacity to accommodate demand require investment. Using the internet, scalpers are able to disguise themselves as more reputable ticket sellers, which can cause confusion for anyone trying to buy tickets. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. For fans of live music and sporting events, the mass nature of ticket scalping means that many people might miss out on being able to purchase a ticket from licensed vendors. Ticket resale (also known as ticket scalping or ticket touting) is the act of reselling tickets for admission to events. When it comes to ticket scalping and the law, there are many differences depending on country or origin, the type of event, and the venues in question. Negotiation is an art, patience is a virtue. Class A misdemeanor (up to $2,500 fine and up to one year in jail per violation). 28-4101 - 4103. Seven states Alabama, Georgia, Illinois, Massachusetts, New Jersey, New York and Pennsylvania require a special license to resell tickets. In Florida, until about decade ago, ticket scalping was illegal . after a declared state of emergency at "unconscionable" prices("grossly exceeding" average prices in the 30-day period preceding the emergency). In addition, your lawyer can perform legal research and help you to build a strong defensive argument for your case. If scalping were illegal, then I would have never been able to afford such great seats. Real fans follow their teams or favorite artists, and know when the tickets go on sale. Subscribe to our newsletter and learn something new every day. According to the scalping laws in the state of California, a person who scalps tickets to an entertainment event, such as a movie premiere or a sold-out concert, will be considered to have committed an illegal act unless they have written permission to sell a ticket from the owner or operator of the venue. The practice attracts profiteers when there's something of value in limited supply. 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. In ticket scalping, these bots are used to automatically purchase large numbers of tickets from a number of different online retailers in a quick and efficient manner, amassing more than would feasibly be available to one individual customer. Although many states consider violations civil disputes, some impose criminal penalties for an infraction. SC Statehouse: Title 39 - Trade and Commerce Chapter 5 Unfair Trade Practices Article 1 General Provisions. It actually helped me realize something, which would likely be seen as a secondary argument in favor of deeming it illegal: although it operates on foundational principles rooted in capitalism and all is fair in love and war. Ann. *West Virginia declared astate of emergency to prevent the spread of COVID-19. You should do some research into the event, and if possible, follow the organization's links to the authorized seller's webpage. For instance, if an event is a popular event, a line of individuals will inevitably form. Just make it illegal to sell more than 5-10% over MSRP with taking taxes into consideration, unless a product is discontinued or a rarity of some kind. A group of Democrat lawmakers have reintroduced a bill aimed at stopping scalpers and the bots they use from hoarding hot-ticket items this holiday . If convicted, it will appear as a misdemeanor on an offenders criminal record. Subject to civil penalty of between $1,000 and $3,000 per violation. In addition to state laws, other laws make scalping illegal in raceways and the NFL. They get together, negotiate a deal, and everyone walks away with what they want. How much do scalpers make? As a result, the official ticket seller and venue may bring legal action against the user of ticket-buying software. As such, a person who has been accused of illegally scalping or reselling tickets should speak to a local criminal defense lawyer immediately. Regulation of Sales. Here is the thing, once you purchase something, its yours, and if you want to sell it for a profit, that's your decision, but if it doesn't sell before the event, you lost money.
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