Washington, D.C. has passed legislation that would make the nation’s capital the strictest anti-scalping market in the United States for concert tickets.
The District of Columbia Assembly unanimously passed the RESALE Act on Tuesday, legislation that would notably cap ticket resale prices for concerts in the city at 10 percent above the ticket’s original face value, a move that could significantly limit profit margins on secondary ticketing sites like StubHub and Vivid Seats.
The law also includes a ban on ticket scalping, the controversial strategy where ticket brokers list tickets for sale that they don’t actually own yet. Furthermore, those who sell more than 50 concert tickets per year on resale markets will be required to register with DC to continue operating.
Washington’s embrace of these policies is particularly noteworthy because D.C. is one of the music industry’s biggest touring stops, home to larger venues like Capital One Arena and Nationals Park, as well as popular smaller venues like the 9:30 Club. City policies can serve as a framework for how markets of similar size operate.
“Washington, D.C., has raised the bar for ticket reform nationwide by creating the strongest consumer protection framework in the country that should be replicated in every state,” Stephen Parker, executive director of the National Association of Independent Venues, said in a statement. “From caps on resale prices to stronger safeguards against deceptive ticketing practices, the RESALE Act puts fans first and strengthens area independent stages.”
Major price increases on secondary ticketing platforms are one of many issues that have contributed to widespread fan frustration with the concert market, along with other common complaints such as high fees, long and slow-moving queues, and dynamic pricing. The law applies to concerts but not to sporting events.
“Today, the D.C. Council stood with D.C.’s most iconic and beloved music venues, with our iconic theaters, and with all music and live theater fans who are tired of being ripped off and priced out,” Council Member Charles Allen said in a statement. “Ticket sellers have used technology and unfettered profits to turn our live entertainment landscape into the Wild West – just last week it was revealed that StubHub was running a ticket scalping while they argued it was just a platform for fans to upsell additional tickets. People are tired of Big Tech extracting more and more money from them. DC is the leader here and I expect many other jurisdictions will step in once they see we can save our residents money and keep more dollars in our local economy instead of subsidizing Big Tech.”
Allen’s subsequent statement on StubHub refers to a CBC investigation that found StubHub CEO Eric Baker had a separate business selling concert tickets. The company and Baker were hit with a class-action lawsuit over the matter earlier this week.
While D.C. has the most aggressive legislation to date, it’s not the only legislation on the market to crack down on ticketing businesses. Vermont passed a similar law capping resale prices earlier this year — with Noah Kahan coming out in support of the bill — though that cap was 110 percent of the face value price. Meanwhile, New York and California are considering legislation on resale price caps as well.
