Bill Proposes Key Transparency, Transfer Protections for NJ Ticket Buyers

Buying a ticket to a concert or ballgame in New Jersey could soon become a far more transparent—and consumer-friendly—experience.

Assemblyman Clinton Calabrese (D-36) introduced Assembly No. 5611 on May 5, framing the measure as the “New Jersey Ticket Consumer Choice and Protection Act.” The 48-page proposal rewrites the state’s 1983 ticket-resale statute, layering in all-in pricing rules, limits on service fees, guaranteed refunds and—perhaps most significantly—required transparency on ticket availability and guarentees of the consumer right to freely transfer or resell tickets purchased in the primary market.

“It’s time to put fairness and transparency back at the heart of the ticket-buying experience,” Calabrese said in a statement provided to TicketNews. “The price you see should be the price you pay—right from the start. It protects the right of consumers to use, give away or resell tickets they’ve legally purchased, without being penalized or denied entry.”

Key features of A5611

• All-in pricing from first click. Whether online or at a box office, sellers would have to display the full price—including every fee—in the very first listing the consumer sees. Once disclosed, no additional charges could be tacked on later in the checkout flow.
• Holdback disclosures. Any event (above 3,500 capacity) must have the actual percentage of tickets available at general sale made public at least seven days prior to the initial sale.
• Transferable tickets by default. Any promoter employing a non-transferable “locked” ticket must also offer an equivalent, fully transferable option at no extra cost. Venues would be barred from turning away fans solely because their ticket came from a legal resale marketplace.
• Bot ban and fast-track refunds. The bill criminalizes software that bypasses online purchase limits, while mandating seven-day, fee-inclusive refunds when events are canceled.
• State enforcement teeth. The Division of Consumer Affairs could levy fines up to $50,000 per violation, order restitution, and publish a public list of offenders.

If enacted, New Jersey would join New York, Colorado, Connecticut, Illinois, Virginia, and Utah as states that explicitly guarantee fans the right to transfer or resell their tickets without penalty—a consumer protection advocates say is critical to curbing anti-competitive control by dominant ticketing platforms.

Brian Hess, executive director of Sports Fans Coalition, called A5611 “one of the most comprehensive ticketing consumer-protection bills introduced at the moment,” adding that it “gives fans more flexibility and savings.” He pledged to work with Calabrese “to become the seventh state to guarantee that right.”

The legislation would also provide a novel new transparency requirement for consumers in New Jersey: actual awareness of ticket availability in real time. For any event with a capacity greater than 3,500, the bill directs the ticket issuer to “publicly disclose, at least seven days prior to the public sale of tickets, the percentage of tickets allocated for presale, artist holds, sponsor allocations, and the general public.”

In other words, promoters would have to reveal how many tickets are set aside for things like artist or venue holds and various presales before the first day regular fans can buy, giving consumers a clearer picture of what’s really available.

This is notable for many reasons – key among them that the holding back of tickets to promote a sense of scarcity is an enormous driver of surge pricing practices put in place by event operators. Consumers are regularly misled that tickets are scarce and going fast during the frenzied initial stages of the ticket-buying process (presales and early general sales) when in fact the true number of tickets remaining unsold is a huge percentage of the overall seating chart.

The holdback shell game convinces consumers that they must purchase as soon as possible – at whatever the asking price – or risk being shut out entirely.

True disclosure of the actual percentage of tickets remaining unsold by the box office is of enormous potential value to the ticket-buying consumer – and has been fought vigorously by lobbyists for companies like Live Nation for years – including regularly threatening that events will skip cities and states where such disclosure is required.

READ MORE: Ticketing Topics – Holdbacks and Transparency on Ticket Availability

National backdrop

The legislation lands as federal regulators and state lawmakers across the country scrutinize Live Nation/Ticketmaster’s outsized market power. The U.S. Department of Justice and 40 state attorneys general are pursuing an antitrust lawsuit targeting the company’s dominance in ticketing and venue services, while the Federal Trade Commission’s “junk fees” rule—covering live-event tickets—takes effect May 12.

READ MORE: FTC Issues “All-In” Ticket Pricing Rule FAQ Ahead of Adoption This Month

What’s next

A5611 has been referred to the Assembly Commerce and Economic Development Committee. Calabrese, who represents parts of Bergen and Passaic counties, said he expects bipartisan interest: “Whether you’re buying a ticket for a concert, a sports game, or a live event, you deserve a fair deal and a level playing field.”

Industry stakeholders have yet to weigh in publicly, but past fights in other states suggest primary ticketing giants will argue the bill could aid scalpers and raise prices. Consumer advocates counter that transparency and transferability spur competition and ultimately lower costs.

With the summer concert season looming and hidden fees still drawing headlines, New Jersey lawmakers now have a high-profile chance to reshape the rules of the game—one that fans, artists and the ticketing industry will be watching closely.