Washington D.C. Passes Law Aimed At Secondary Ticketing Market

Washington D.C. passed the Restricting Egregious Scalping Against Live Entertainment (RESALE) Act. The bill regulates ticket sales and caps resale ticket prices in the United States capital.

The legislation is aimed at the secondary ticket market and applies to tickets for live entertainment events such as music and theater. Tickets for sporting events and movies are not covered by the bill.

Under the law, a primary market sale occurs when a venue sells a ticket directly to a consumer, including through a third-party vendor site. A secondary market sale occurs when a ticket is purchased from a venue, individually or in bulk, and then resold to a consumer at a markup.

“Today, the D.C. Council stood with D.C.’s most beloved and iconic music venues, with our storied theaters, and with every music and live theater fan who’s tired of getting ripped off and priced out,” said D.C. Councilmember and RESALE Act author, Charles Allen. “Ticket resellers have used technology and unrestrained profits to turn our live entertainment scene into the wild west – just last week it was revealed StubHub has been running a major ticket scalping operation while they’ve argued they’re just a platform for fans to sell extra tickets. People are sick of big tech wringing more and more money out of them. DC is a leader here and I expect many other jurisdictions to step in once they see we can save our residents money and keep more dollars in our local economy instead of propping up big tech.”

The central provision of the RESALE Act caps secondary market prices at 10% above face value, with an additional fee cap of 10%, meaning a consumer can be charged no more than 120% of a ticket’s face value including fees. The cap applies uniformly whether the reseller is a for-profit business or a private individual.

The RESALE Act also bans “speculative pricing,” in which a reseller offers tickets for sale that they anticipate acquiring but do not yet own. The bill further requires that ticket prices be listed on an “all in” basis, incorporating all fees and add-ons into the advertised price.

A ban on “surveillance pricing,” the use of a consumer’s location, browsing history, or other identifying data to adjust ticket prices, is also included in the bill. Demographic-based discounts, such as reduced pricing for seniors or veterans, remain permitted under the law.

“Washington, D.C. has raised the bar for ticketing reform nationwide by establishing the strongest consumer protection framework in the country that should be replicated in every state,” said Stephen Parker, Executive Director of the National Independent Venue Association (NIVA). “From the resale price cap to stronger safeguards against deceptive ticketing practices, the RESALE Act puts fans first and strengthens the District’s independent stages. We commend Councilmember Allen, Councilmember Henderson, Councilmember Pinto, the entire DC Council, and the many local advocates whose time and leadership made this landmark achievement possible. We hope states across the country will look to Washington, D.C. as the blueprint for the next generation of resale ticketing reform.”

The bill requires any individual or company that resells more than 50 tickets per year to register with the District’s Department of Licensing and Consumer Protection (DLCP) and obtain a license. Registered resellers must maintain a $25,000 surety bond with DLCP.

“We’ve been fighting hard for legislation that will put an end to predatory scalpers from all over the country taking advantage of people in D.C.,” said Audrey Fix Schaefer, Director of Communications for I.M.P., 9:30 Club and The Anthem. “This will stop opportunistic profiteers from making more than the artists, and it will enable more fans to see more shows, and then cross the street to enjoy a meal in the neighborhood restaurants, since they still have enough money in their pockets. The RESALE Act will keep millions of dollars in D.C.”

The RESALE Act provisions will take effect on January 1, 2027.