", "Any increase in the selling price of any commodity" after the Governor declares a state of emergency; also, landlords may not terminate tenancy for residential dwellings in an area subject to severe weather warning or emergency declaration, Charged as an unfair or deceptive trade act, subject to fines between $500 and $10,000 per violation, Selling "fuel or food, pharmaceuticals, or water for human consumption at an exorbitant or excessive price" (based on a comparison of prices immediately before and after the declaration) during a declared state of emergency, Charged as an unfair trade practice; subject to civil penalties of up to $5,000 per violation, recovery of actual damages suffered by the consumer(s), and/or an order for specific performance, "During any market emergency, for any petroleum-related business to sell or offer to sell any petroleum product for an amount that represents an unconscionably high price" (defined as a "gross disparity" between the prices immediately before and after the emergency), Charged as an unfair business practice; subject to injunctive relief, restitution, and civil penalties of up to $50,000 per violation, Price-gouging on fuel sales during (and 24 hours before) a declared state of emergency; defined as charging a price that "grossly exceeds" the average price of fuel in the immediate area during the 7 days immediately preceding the declaration, Attorney General may investigate complaints, seek appropriate injunctive relief, seek restitution for victims, and collect a civil penalty of up to $1,000 per violation, Charging "an excessive price for merchandise to be provided to persons within an area declared to be a disaster area during the period of any declaration of emergency and for the subsequent recovery period.". *The mayor has declared a public emergency, which automatically brings 28-4101into effect regarding price gouging. Brad Parks Until a few years ago, what Barbara Anderson did in the privacy of her Hackettstown home Monday night was considered illegal in more than 20 states. 28-4101 - 4103. Sixteen states have laws that make scalping illegal. Google is scalping illegal? 10-1-310 Kentucky - Ky. Rev. In an effort to compromise on ticket scalping laws, licenses or permits are often required, and the decision to make scalping illegal is made by individual states or municipalities. I immediately checked Stubhub - they had 172 tickets for the event, all starting at three times the face value of the ticket! One of the most profitable industries in the United States, ticket scalping draws in around $5 billion dollars annually. Four states North Dakota, South Dakota, Ohio and Virginia leave the issue up to local municipalities. Rife with exploitation, conmen, and exorbitant price hiking, what little benefit there might be to fans is overshadowed by the negatives of this controversial industry. Seven states Alabama, Georgia, Illinois, Massachusetts, New Jersey, New York and Pennsylvania require a special license to resell tickets. TL;DR: I realized that if the system of capitalism is meant to act as a defense to the legality of their actions, it should be taken into consideration that it is in no way an ideal model or example of capitalism. Rhode Island state law prohibits the scalping of tickets for an amount that is either ten percent or three dollars more than the original ticket price, whichever of the two ends up costing an individual a greater amount to repurchase. Let's get to 5,000! from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. For example, some states prohibit the scalping of tickets if a scalper is 1500 feet or closer to the entrance of a venue where a resold ticket can be used. Buyer does not receive the ticket, and cannot use it to attend the event. *New York has declared a state of emergency due to the COVID-19 pandemic. *West Virginia declared astate of emergency to prevent the spread of COVID-19. This petition starter stood up and took action. How much do scalpers make? Not only can scalpers set the price however they want, but it may be difficult to determine whether the tickets are real and not counterfeit. 17.361 Georgia - Ga. Code Ann. To do this, the venue must file a notice of resale prohibition with the North Carolina Secretary of State and post this notice on its website. I figured that if they were going to be rooting against my new home team, I would make them pay. It is illegal to misrepresent the price of goods or take advantage of consumers to a grossly unfair degree. It'd be one thing if they charged for even close to the face value, but they don't. Law, Immigration Another thing is, yes, you should not wait until the last minute. The resale price will then be raised exponentially, with the scalper charging those seeking tickets far more than they would have paid through registered outlets. Civil infraction, punishable by up to $1,000 in fines and license/permit revocation/suspension (where applicable). Why should I have to pay a higher price than the next person because someone else was greedy? & It is important to note that not every state considers ticket scalping to be illegal. *House Bill 2882 is pending. The potentialspread of the virus led state governors to issue stay-at-home orders. It's not "fair?" Opinion | Retail scalping should be illegal. States that restrict scalping include: Arizona, Arkansas, California, Connecticut, Delaware, Kentucky, Louisiana, Michigan, Mississippi, Missouri, New Mexico, Ohio, Rhode Island, and Wisconsin." There are another seven states that "require a seller to have license to broker tickets, and many limit the allowable markup to $3 or less." Civil infraction, punishable by up to $1,000 in fines and license/permit revocation/suspension (where applicable). Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. The offense of scalping is most commonly classified as a misdemeanor, with penalties ranging from fines and up to one year in jail. While there are no federal laws regulating scalping, some states, including North Carolina and South Carolina, have their own laws limiting the resale of tickets. Of course, one has to be over the age of, say, nine, emotionally speaking, to appreciate the absolutely beautiful way the system works, which may be why some folks find it "unfair." Selling "any petroleum product" at an unconscionably high price "during any market emergency" (as declared by the Governor). *Kansas declared a state of emergency in response to COVID-19 pandemic, prohibiting any supplier from "profiteering from a disaster". Visit our attorney directory to find a lawyer near you who can help. These bots in themselves are not necessarily unlawful, although many of the ways in which they are used are considered immoral, unethical, and sometimes illegal. I do the same thing with my Red Sox season tickets. Scalping tickets is illegal in many areas due to the fact that is unethical and can be harmful to the success of an event. Make sure to do your own research or contact a local attorney if you have additional questions about a particular state law. As such, a person who has been accused of illegally scalping or reselling tickets should speak to a local criminal defense lawyer immediately. Penal Code 346 Connecticut - CGS 53-289 Florida - Fla. Stat. It is generally frowned upon and might even be considered a misdemeanor in some states to purchase tickets from a scalper; however, anti-scalping laws are generally more focused on stopping the scalper from selling tickets rather than charging people who purchased them. *Indiana has declared a public health emergency in response to COVID-19.. You can also face criminal consequences if you are a scalper who resells fraudulent tickets as well. Will you do the same? Submit your case to start resolving your legal issue. . Civ. Rules vary from state to state and laws often change; do not rely on this website if making a legal decision, seek a lawyer. Charged as an unfair act (civil violation); civil fine of up $10,000; criminal penalties of up to $1,000 and/or up to 3 yrs. *The governor has declared a state of emergency to help prevent the spread of COVID-19. If you have reason to believe a retailer or individual is engaged in price gouging, consider speaking with a consumer protection attorney near you. Name Those who take advantage of the market in this way often claim that they only charge what the market will bear. in prison and up to $10,000 fine). The scalper hasn't performed any service other than to block my original purchase. *The Attorney General has issued a consumer advisory warning regarding price gouging following the COVID-19 pandemic, indicating that price gouging is unconscionable and any price gouging resulting in illegal profit will be prosecuted. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. But, what scalpers do is take the product of someone else, and either through organically existing scarcity or as a result of higher demand to serve the purpose of scalping, then position themselves in a way as part of the supply chain. Selling or renting goods and services "used to preserve, protect, or sustain life, health, safety" at unreasonably excessive prices after an emergency declaration or abnormal market disruption. There are 16 states in the United States where there are restrictions on ticket sales above face-value, namely: Arkansas - Ark. It doesn't necessarily require a degree or high degree of knowledge to attempt the act of scalping. *New Jersey has declared a state of emergency in response to COVID-19, activating the provisions above. Punishable by a civil penalty of up to $2,500 per violation (up to $5,000 if in violation of an injunction). Someone's got a product to sell, someone else is looking for that product. 5-63-201 California - Cal. Similarly, if the tickets are then not resold by the scalper, shows touted as being sold out might be anything but, seriously hindering the experience for the musicians and the fans alike. Proc. Well, for one, other than just purchasing the inventory for resale, it's modified, branded, and becomes a product of the seller. 815 ILCS 505/2; Illinois Administrative Code: 465.10, et seq. Attorney General may bring an action to enjoin (cease) the offending act; subject to civil action (including payment of attorney fees) and criminal penalties (up to 5 yrs. Copyright 1999-2023 LegalMatch. in Communications and English from Niagara University. Login. It's not till next month, but now there is only one seat left. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases.