Proposed legislation that would have regulated the ever-spiraling use of methods like “dynamic” and “platinum” ticket pricing in Florida died in committee this session, despite widespread public outcry over the tactics. The reason for the bill’s demise? Venues, teams and box office ticket agencies hated the idea of regulations stripping them of the right to use such tactics, and fought the legislation hard.
“The once simple experience of wanting to buy a concert ticket and go, or maybe give your ticket to a friend, has become so complicated by the monopoly [speaking of Live Nation Entertainment as such] that is dominating that really at every level (that it) ultimately hurts the consumer,” said Sen. Jason Brodeur, who sponsored the measure that he also said he hoped would ‘fundamentally disrupt’ ticketing, at a hearing in December. “This is not a partisan issue.”
The twin bills, filed as SB 204 and HB 177 in the respective houses, were both filed by Republicans in the Sunshine state. The house version did not see any consideration in public hearing.
Both would have banned exclusive contracts between venues that had received public funding and ticket companies. Such contracts have often been cited as one of the core engines driving the massive market share held by Live Nation Entertainment and Ticketmaster. The legislation also would have barred venues from offering tickets for sale at any price above the published “face value” amount – effectively making illegal the now-common practice of surging prices during moments of peak demand.
“This says that the listed price is the price that you will pay,” Brodeur said.
While consumers offered support for the measure, it was opposed by all industry players who made their stances known at the public hearing. Entities including the New York Yankees, Hard Rock Stadium, the Florida Venue Managers Association, the Straz Center, the Tampa Bay Lightning, Tampa Sports Authority, and the International Association of Venue Managers all opposed the bill. Lobbyists representing StubHub and Vivid Seats indicated their support of the legislation. Live Nation Entertainment did not have any direct representation at the Senate hearing, but they, AXS, and the Tampa Bay Rays had fought the house version, which never saw any committee consideration.
Language of the proposed legislation that would have banned venues from selling tickets at above face value would “[open] ticket purchasers to further fraud and price manipulation for tickets and ultimately strips away control of the ticket pricing, selling, and marketing from artists,” argued David Tuohy of the IAVM, the lone lobbyist to speak at the hearing in December.
He argued, without evidence cited, that limiting the ability of artists or venues to charge whatever price they would like at any point in the sales process without regard for any published ‘face value’ figure would somehow itself encourage fraud.
This is notable in that the industry lobby has typically been all for the institution of legal limits on the prices that can be charged for tickets – but only when those regulations apply exclusively to ticket resale marketplaces.
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Both Sen. Brodeur and Rep. Alex Andrade indicated they intend to bring the legislation back in the future in hopes of bringing needed reform to the live entertainment ticketing experience.