At a Glance: Ticketing Policies

Alongside policy action at the state level, the Federal Trade Commission and U.S. Congress are taking action on proposals that would set new national rules for those that sell concert tickets on the both the primary and secondary sales markets. The League, in partnership with the Performing Arts Alliance, is a member of the Fix the Tix Coalition, and is analyzing all active proposals for the impact on orchestras. We are supporting immediate action to stop predatory activity in the secondary market that is hurting audiences and creating substantial financial and reputational harm to orchestras, as described in Symphony coverage of orchestras battling ticket scams. The League is also watching the fine print of all proposals to make sure new transparency requirements will support nonprofit and season-based ticket sales models.

Congress Considers New Ticketing Laws
Multiple legislative proposals with a range of approaches to this topic have been introduced in the U.S. Congress. In March of 2023 a Senate bill was introduced that represented the Biden Administration’s wide-ranging legislative approach, described as a “junk fee” policy proposal.

Since then, negotiations have yielded two bipartisan approaches that are graining traction. Senate cosponsors introduced S. 3457, the Fans First Act, which would prohibit the use of deceptive websites and speculative tix sales, and create new requirements for all ticket sellers to disclose all-in prices and fee details. On May 15, 2024 the House of Representatives approved H.R. 3950, the TICKET Act, which would create new transparency requirements for all ticket sales and restrict some harmful activity in the secondary market. Of the multiple legislative proposals recently considered in Congress, the Fans First Act has the strongest protections against harmful actions in the secondary market, as described in this side-by-side comparison of the bills.  

Congress will continue to negotiate the terms of a final package of ticketing reforms, and it is essential that elected officials hear directly from orchestra advocates about the harm they are encountering in the secondary market, and how these issues impact nonprofit ticket sellers, subscription-based and packaged sales, and donor-supported concert activity.

• Speak Up Now to Urge Congress to Take Action

Federal Trade Commission Announces New Ticket Sales Rules
The Federal Trade Commission (FTC) has announced new national rules for marketing and sales of live-event tickets and short-term lodging, following scrutiny of hidden fees. The core content of the rules begins on page 309 of the full rulemaking announcement. The final rules go into effect in April 2025 and will require sellers to clearly communicate the total price of items for sale where prices are displayed and advertised, to accurately represent the nature, purpose, and amount of fees that are charged, and to clearly disclose the final amount of payment for the transaction. (Government charges, shipping charges, and optional fees or charges may be excluded from the total price.) Many states have similar requirements in place or under consideration.

The League, in partnership with the wider nonprofit performing arts sector, analyzed the initial proposed rules and submitted comments to the FTC in February 2024 to surface questions about how the rules would be applied to the nonprofit, subscription-based, and donor-supported ticketing models, and to go on record with concerns related to predatory activity in the secondary ticket sales market unaddressed by the FTC’s action. In announcing the final rules, the FTC has signaled that while FTC’s jurisdiction is specific to profit-making enterprises, it  is empowered by Congress to “prevent persons, partnerships, or corporations” from engaging in “unfair or deceptive acts or practices in or affecting commerce.”

The exact April 2025 date on which the new rules take effect will soon be announced. The League will continue to analyze this recent FTC action and share further FTC resources as they become available.

• FTC Final Live-Event Ticket Rules on Unfair or Deceptive Fees – (12/17/2024)
• FTC Business Guide to Fee Rules – (12/17/2024)
• Nonprofit Performing Arts Sector Comments Submitted by League and National Partners in response to FTC Draft Rules for Ticket Sales – (02/07/24)