Fix The Tix says TICKET Act would legalize ‘ghost’ tickets

The Fix The Tix Coalition of more than 30 live music industry organizations including NIVA, NITO, the RIAA and Bandsintown is calling for major changes to pending TICKET Act legislation including restrictions on speculative tickets, often referred to as ghost tickets.

In its current form, the Transparency In Charges for Key Events Ticketing (TICKET) Act, which appears to be on a fast track, would not protect consumers as intended, according to Fix The Fix.

Amendments from Senators Cantwell, Klobuchar, and Lujan and endorsed by Fix The Tix call for needed limitations on concierge services unless they are approved by the venue where the event is being held, a ban on deceptive URLs, and the addition of enforcement capabilities for state attorneys general.

Fix The Tix is also urging Congress to reject proposed amendments that would preempt existing consumer protection regulations in Arizona, Maryland, Massachusetts, Minnesota, and Nevada, as well as the legalize the sale of speculative ticket in the U.S.

Read Fix The Tix’s full letter to Congress

Dear Chair Cruz, Ranking Member Cantwell, and Members of the Committee:

On behalf of the live performance and music artists, workers, venues, and fans across the nation, we write to express our concerns about the Transparency In Charges for Key Events Ticketing Act (the “TICKET Act”) in its current form. While we appreciate the bill’s purpose to protect and inform fans, it contains gaps that, if unaddressed, will undermine both consumer protections and a fair marketplace. However, we’re committed to working with you to amend the bill to actually protect consumers and ensure a meaningful and consumer-focused TICKET Act makes it into law. 

Senators Cantwell, Klobuchar, and Lujan plan to offer amendments that will get Congress much closer to a bill that can meaningfully protect consumers and serve the artists and venues that put on shows in every community across the country. 

We urge the U.S. Senate Commerce Committee to pass:

• Lujan 1: An amendment to ensure concierge services are used only when permitted by venues and are not used to sell speculative tickets
• Cantwell 1: An amendment to ban the use of deceptive URLs by resellers
• Klobuchar 1: An amendment to provide for State Attorney General enforcement of the TICKET Act

We are committed to working with Senator Cruz to ensure the fans, artists, and venues in Texas are protected from predatory resellers, but his proposed second-degree amendments to the TICKET Act would not offer them protection.

We urge the U.S. Senate Commerce Committee to reject:

• Cruz 1 to Klobuchar 1: An amendment would preempt several strong ticketing consumer protections laws that have passed in Arizona, Maryland, Massachusetts, Minnesota, and Nevada.
• Cruz 1 to Lujan 1: An amendment to legalize speculative tickets, making it legal in federal law to sell fake tickets across the country.

We are immensely grateful for Senators Cantwell, Blackburn, Klobuchar, Luján, Wicker, and other members who have committed to working with us to improve the TICKET Act for consumers and communities across the country.

Inclusion of Industry Perspectives

Every day, our businesses and nonprofits see how harmful ticketing abuses erode trust, inflate prices, and frustrate genuine fans. We encourage the Committee to hold a dedicated hearing or otherwise engage with these stakeholders through a formal process. Their real-life expertise can help craft a stronger, more effective TICKET Act. At times, we’ve been alarmed to see that the views and positions of the live performance sector have been made secondary to the predatory reseller lobby and the “consumer groups” they fund to do their bidding. 

Risk of Undermining Existing and Emerging State Protections

In its present form, the TICKET Act also undercuts several strong state consumer protection laws already passed in Maryland, Minnesota, Massachusetts, Nevada, and Arizona. Each of these states has implemented or updated ticketing policies designed to increase transparency, crack down on counterfeit ticket sales, implement strong enforcement, and curb abusive tactics by predatory resellers – without loopholes. A federal law that is contrary to existing or pending state statutes risks creating confusion, preempting stronger local safeguards, and leaving consumers with less recourse.

How To Further Improve the TICKET Act and Earn the Support of Artists, Venues, and Fans

Furthermore, additional reforms beyond the amendments being offered at the markup this week are needed. Our industry urges Congress to amend the TICKET Act with the following essential, common-sense provisions:

1. Strong Enforcement
   • Empower the Federal Trade Commission with explicit, mandatory enforcement authority and meaningful federal fines to enforce the TICKET Act. 
2. Prohibitions on Predatory Reseller Abuse of Fan Presales
   • Bar predatory resellers from exploiting fan clubs or other restricted presales to scoop up large quantities of tickets.
   • Prohibit listing or reselling tickets before the official public on-sale date, ensuring genuine fans have a fair opportunity to purchase.
3. Transparency That Matters
   • Ensure clear and conspicuous itemization of the ticket face value and, separately, the overall fees are included alongside the all-in price of the ticket. 
4. Include the MAIN Event Ticketing Act in the TICKET Act
   • Stop widespread bot usage wreaking havoc on the ticketing market, as the FTC has failed to enforce the BOTS Act since 2016.
   • Mandatory reporting of security circumvention and strengthened enforcement are essential and must be included as part of the ticketing bill. 
5. Ban Deceptive “Spoof” Websites 
   • Prohibit resale sites from impersonating official outlets or misleading fans by using unauthorized intellectual property.
   • Mandate transparency so consumers know exactly whom they are purchasing from.
6. Exact Seat Location Disclosure
   • Require that every resale ticket clearly list the seat and section a buyer will occupy—so consumers aren’t misled about what they are buying.

Without these additions, the TICKET Act inadvertently risks allowing the very abuses it sets out to prevent—diminishing state-level consumer protections that have proven more robust. The small businesses and nonprofits that make up the independent live performance ecosystem urge you to work with us on crafting a truly meaningful and consistent federal standard that builds on, rather than undermines and preempts, existing state laws.

Our coalition would welcome an opportunity to meet with each member of the Committee or your staff as soon as possible to discuss these concerns and explore how we can strengthen the bill. Thank you for your time, your consideration, and your commitment to fair ticketing for all. We look forward to an open process that prioritizes the views of the artists, fans, and venue community that do all the work and take on all the risk to put on live shows. 

Sincerely,

Stephen Parker Chair, Fix the Tix Coalition

Executive Director, National Independent Venue Association