Why Is Scalping Tickets Illegal?

Scalping tickets, the process of selling tickets as a private citizen rather than a concert venue or theater, is not illegal according to federal law. Many states prohibit the selling of the tickets specifically on venue grounds, but there are gray areas with online sales.

  1. Reasons for Illegality

    • Proponents of making scalping tickets illegal argue that private citizens do not have the right that venues have to sell tickets, and that they mark up the tickets to unreasonable prices, thus creating a system that benefits the wealthy. They also argue that scalpers are notoriously unreliable and often run scams.

    Reasons for Legality

    • Those who would like to make scalping a legal system argue that tickets are goods like any other, and should be allowed to be resold. They say that allowing venues to hold the only right to sell tickets is a kind of a monopoly, and that scalping allows for an open market.

    Bottom Line

    • If you plan to scalp tickets, make sure you know your state's specific legislation on whether scalping tickets on venue grounds is illegal. Police are often reluctant to enforce laws on scalping because so many people do it. With the advent of websites that specifically resell tickets, the question of legality has become even more gray.

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