Ticket scalping refers to the resale of tickets, often for popular concerts, sporting events, and other live entertainment, at prices higher than the original face value. While some see it as a free market practice, others view it as an unfair exploitation of demand that drives up costs for fans. The legality of ticket scalping varies widely across the United States, with some states banning the practice entirely and others putting no restrictions on ticket resales.
What is Ticket Scalping?
Ticket scalping involves purchasing tickets to events with the intention of reselling them at a higher price. Scalpers may buy up large blocks of tickets as soon as sales open with the goal of creating scarcity and then charging desperate fans inflated prices. They often sell these marked-up tickets outside the venue on the day of the event. In some cases, scalpers use bots or hired assistants to buy tickets the moment they go on sale online. The advent of the internet has expanded scalpers’ abilities to resell tickets on secondary markets.
Why Do People Scalp Tickets?
For scalpers, ticket resales can be extremely lucrative. The profits on a single major event can be worth hundreds or thousands of dollars. Scalpers are willing to go through considerable efforts to secure large quantities of seats because of the huge premiums they can charge. They take advantage of fans’ enthusiasm and the scarcity of seats for hot shows where demand drastically outpaces supply. As a result, people who desperately want to see their favorite band or team are often forced to pay exorbitant prices if they buy from scalpers.
The Arguments For and Against Ticket Scalping
There are impassioned arguments on both sides of the ticket scalping debate:
Against Scalping:
- Scalpers make it harder and costlier for regular fans to attend events
- Artists and teams miss out on revenue when scalpers divert ticket money
- Scalpers don’t add value – they just create artificial scarcity
- It exploites and price gouges passionate fans
In Favor of Scalping:
- It’s a free market where people should be able to resell goods at any price
- Scalpers provide liquidity and availability even when events are sold out
- Fans can choose whether to buy from scalpers or not
- Scalpers assume financial risks that artists/teams don’t
The debate largely centers around whether unfettered access to tickets is more important than free market principles. Critics view scalpers as unethically profiting off others’ creativity without adding value. Supporters argue scalping is no different than any other resale market.
State-by-State Ticket Scalping Laws
Ticket scalping laws vary enormously between states. Some states have complete bans on scalping, while others have no laws whatsoever regulating the practice. In many states, the rules depend on the type of event, where it is held, and even the price of the tickets. Here is the breakdown on ticket scalping laws in each state:
Alabama
Alabama used to ban ticket scalping completely, but repealed its anti-scalping law in 2013. This means reselling event tickets at any price is now legal across the state.
Alaska
Alaska has no laws regarding ticket scalping. Reselling tickets is legal statewide.
Arizona
Arizona prohibits local jurisdictions from enacting their own anti-scalping laws. This effectively legalizes ticket scalping throughout the state.
Arkansas
Arkansas prohibits scalping of university sporting event tickets. There are no other anti-scalping laws, so reselling tickets is legal in the state as long as it does not involve college sports.
California
California prohibits scalping of tickets on the property or grounds of the venue. Reselling tickets off premises is legal under state law, but some localities have their own restrictions.
Colorado
Colorado requires a license to resell tickets above face value. Scalping without a license is illegal.
Connecticut
Connecticut bans ticket scalping if the resale price is over $3 above face value. There are exceptions for authorized brokers and internet auction sites.
Delaware
Delaware has no law restricting ticket scalping. Reselling tickets at any price is legal.
Florida
Florida prohibits scalping of tickets at the event venue and also bans the use of software to bypass ticket purchasing limits. Resale offsite is unregulated.
Georgia
Georgia requires a permit to resell tickets above face value. Scalping without a permit is punishable by fines up to $10,000 and 1-3 years imprisonment.
Hawaii
Hawaii caps markups on ticket resales at $3 above face value. Reselling tickets above the cap can result in fines and jail time.
Idaho
Idaho has no laws restricting ticket scalping. Reselling tickets at any price is legal.
Illinois
Illinois prohibits the resale of tickets 1,500+ capacity venues at over face value without a license. Scalping bans do not apply to smaller venues.
Indiana
Indiana allows local governments to enact ticket scalping laws if they wish but does not have a statewide ban. Marion County and Indianapolis prohibit scalping.
Iowa
Iowa prohibits ticket scalping at more than $5 above face value. Selling tickets above the cap can lead to fines and property seizure.
Kansas
Kansas bans ticket scalping of Kansas State University sporting events. No other restrictions exist on reselling tickets.
Kentucky
Kentucky has an anti-scalping law limiting resale price to no more than $1 above face value. However, the law excludes internet sales.
Louisiana
Louisiana prohibits scalping of tickets to university sporting events. There are no other ticket resale restrictions under state law.
Maine
Maine caps the resale price of tickets at $5 above face value. Violations are punishable by fines up to $10,000.
Maryland
Maryland prohibits the resale of tickets for more than 15% above face value without a license. Scalping of Orioles and Ravens tickets is totally banned.
Massachusetts
Massachusetts bans reselling tickets above face value without a license. Violations can lead to fines up to $250.
Michigan
Michigan prohibits ticket scalping at more than $1 above face value without a license. Scalpers can also be fined for aggressive sales tactics.
Minnesota
Minnesota requires a license to resell event tickets. Scalping without a license can lead to fines and jail time.
Mississippi
Mississippi prohibits ticket scalping of university sporting events. No other events have restrictions under state law.
Missouri
Missouri caps ticket resale prices at $5 above face value. Selling above the limit can lead to fines and property seizure.
Montana
Montana bans ticket scalping of university sporting events. No other restrictions exist under state law.
Nebraska
Nebraska allows ticket resales but prohibits scalpers from advertising tickets for more than face value. Scalpers must display a license number in ads.
Nevada
Nevada prohibits local governments from enacting ticket scalping restrictions. This effectively legalizes scalping statewide.
New Hampshire
New Hampshire caps the markup on ticket resales at $5 above face value and requires disclosure of seat numbers. Violations can lead to fines.
New Jersey
New Jersey bans ticket scalping of all major league sports teams and university sporting events. Resale of other tickets is unrestricted.
New Mexico
New Mexico prohibits local governments from enacting scalping laws. This allows unregulated ticket resale statewide.
New York
New York caps ticket resale price at 45% above face value, while repealing a complete ban on scalping. Season ticket holders can sell above cap.
North Carolina
North Carolina allows limited ticket scalping. Resale of university sports and professional team tickets is banned completely.
North Dakota
North Dakota prohibits local governments from enacting ticket scalping laws. This effectively legalizes scalping statewide.
Ohio
Ohio law allows the resale of tickets at up to $3 above face value. Selling tickets above the cap can lead to fines.
Oklahoma
Oklahoma prohibits ticket scalping of Oklahoma Sooners football and basketball games. No other events have restrictions under state law.
Oregon
Oregon imposes civil fines for selling tickets significantly above face value but has no criminal penalties. Portland requires resellers be licensed.
Pennsylvania
Pennsylvania generally prohibits ticket resales but makes exceptions for approved brokers who pay a bonding fee to the state.
Rhode Island
Rhode Island requires a license for reselling tickets. Scalping major event tickets without a license is a crime.
South Carolina
South Carolina bans ticket scalping at Coastal Carolina University athletic events. No other restrictions exist under state law.
South Dakota
South Dakota prohibits local governments from enacting ticket scalping restrictions. This effectively legalizes scalping statewide.
Tennessee
Tennessee bans ticket scalping only for University of Tennessee and Vanderbilt University sporting events. Other resales are unregulated.
Texas
Texas prohibits scalping of university sports tickets but allows resale of other tickets. Unlicensed sellers cannot advertise above face value.
Utah
Utah bans scalping of tickets to Utah state-owned facilities and college athletic events. Other ticket resales are unrestricted.
Vermont
Vermont prohibits anyone without a vendor permit from reselling tickets to entertainment events and public facilities. Scalping without a permit is punished by fines.
Virginia
Virginia allows limited ticket scalping. Reselling tickets at more than $5 above face value without a license is illegal.
Washington
Washington prohibits scalping of tickets to Seattle Seahawks, Mariners, and Sounders games. Resale of other tickets is unregulated.
West Virginia
West Virginia caps ticket resale prices at 50% above face value. Violators can have their tickets voided and face fines.
Wisconsin
Wisconsin prohibits ticket scalping altogether for some events, while requiring licenses for resale of other major event tickets. Scalping can lead to fines and jail time.
Wyoming
Wyoming has no laws regulating ticket scalping. Reselling tickets at any price is legal across the state.
Conclusion
Ticket scalping laws vary wildly from state to state. Some states like New York and Kentucky have partial bans that allow limited scalping under caps or with licenses. Others like Alabama used to prohibit scalping but repealed their anti-scalping laws. Many states ban scalping of college sports tickets but allow other resales. Some states prohibit local scalping laws, effectively legalizing the practice statewide. Major event tickets, teams, and venues are frequent targets of anti-scalping legislation. Understanding the patchwork of laws is essential for anyone involved in ticket resales across the United States. The controversy around ticket scalping is likely to continue as fans, artists, venues, and secondary sellers grapple over fair access to live event tickets.
