The secondary market mess isn’t just a nuisance; it’s a full-on crisis that demands legislative intervention. While other countries like Australia and the UK, have managed to keep ticket sharks at bay, the U.S. has lagged behind. But don’t worry, there’s hope.
How We Got Here
The secondary market didn’t become a circus overnight. In the early days, scalpers were just shady characters hanging around outside venues. But once the internet rolled in, it supercharged their game. Now, instead of dealing with a guy in a trench coat, we’re facing entire tech-driven operations that have made ticket reselling an art form. Unfortunately, they also mastered lobbying, pushing for legislation that protects their profits while leaving fans out in the cold.
The Legal Landscape: Toothless Tigers and Loopholes
We have laws, but they often lack teeth. The Bots Act of 2016 was supposed to stop automated scalping, but with only one recorded enforcement, it’s more of a paper tiger. Even the most well-meaning laws often come with loopholes you could drive a tour bus through. StubHub and Vivid Seats have been known to fund fake “consumer groups” to push their agenda, muddying the waters for real reform.
The Case for Regulation
Here’s the good news: Advocacy groups like NIVA (National Independent Venue Association) and IMP (Independent Music Professionals) are fighting back, and they're making progress. They’re showing that proper regulation isn’t just wishful thinking; it’s achievable.
Audrey Schaeffer, Director of Communications for IMP and board member of NIVA spoke passionately about the legislation she helped pass in Maryland and emphasizes the power of fan-driven advocacy. “We got 17,000 emails sent to legislators. It was the most communicated topic of the year for legislators. People do care about their tickets and don’t want to get ripped off. We made real change.” (Watch the full recording of her on our live event panel here.)
From banning speculative ticketing to making platforms responsible for their listings, there are real solutions on the table. It’s not about stifling business—it’s about protecting the fans, artists, and venues that make live music magical.
Will It Be Easy? No. Will It Be Worth It? Absolutely.
We’ve seen some wins, like Maryland’s new laws holding platforms accountable for spec tickets, and we’re hoping to see more states follow suit. It’s time for Uncle Sam to step in and make sure the people cashing in on live events are held to the same standards as the rest of us. The fight is tough, but it’s far from over.