Maine has officially rolled out one of the nation’s strictest ticket resale laws, a sweeping measure that supporters say will protect consumers from fraud and hidden costs — but that critics argue will limit choice, drive fans to unsafe channels, and do nothing to rein in the primary ticketing giants who set the highest prices to begin with.
The law passed earlier this year, which took effect September 24, requires sellers to disclose the full ticket cost — including taxes and fees — upfront. It bans the sale of “speculative” tickets that aren’t yet in hand. Most significantly, it caps resale prices at no more than ten percent above the original total purchase price. Violators face fines up to $10,000, with enforcement handled by the Maine Attorney General’s office.
StubHub has already put compliance protocols in place. Resellers will now have to confirm that their listings fall under the 10 percent threshold, even though the company itself cannot verify original purchase prices. The platform emphasized that bans on speculative listings and transparent pricing requirements are already in line with its policies.
Consumer Advocates Split
Not everyone is applauding. Brian Hess, executive director of the Sports Fans Coalition, says his group initially supported the legislation because it protected resale rights. But when lawmakers amended the bill to include strict price caps, the organization switched sides.
“You should be able to resell that ticket, make your money back, and that’s why we supported the bill when it first came out,” Hess explained while the bill was being debated. “We had to change our position to oppose because they created some very, very anti-consumer provisions.” He warned that legitimate resale platforms may exit the Maine market, leaving fans with only unsafe alternatives. “The only place fans will have for the high-demand shows to go is Craigslist, Facebook Marketplace, and the street corner — where they have no refund guarantees, they have no transparency protections.”
John Breyault of the National Consumers League raised similar concerns when the bill was first introduced. While praising the effort to improve transparency and eliminate “junk fees,” Breyault cautioned that a 10 percent cap could backfire. “Countries with capped resale prices, like Ireland and Australia, see ticket fraud rates nearly four times higher than in the U.K., where resale is unrestricted,” he wrote, citing a recent study. He also flagged gaps in the refund requirements, noting that the bill only obligates resellers to provide refunds if an event is canceled — while primary sellers like Ticketmaster and box offices face no such requirement.
Industry Lobbying
The law also drew opposition from the Chamber of Progress, a tech industry group that urged Governor Janet Mills to veto it. The group argued that price caps are “arbitrary and ineffective,” pointing to federal reports and academic studies showing no evidence they improve affordability, while warning they often push sales to unregulated channels.
At the same time, the legislation was championed by the Fix the Tix coalition, which has consistently backed measures that include resale restrictions but steered clear of addressing price inflation tactics used by Live Nation Entertainment and other primary market players. That omission has fueled critics’ claims that the law is more about constraining the secondary market than tackling the systemic drivers of ticket cost.
The Unanswered Question
Maine now joins the tiny number of states to have current artificial market restrictions on ticket resale prices – as most such caps were jettisoned as antiquated and harmful to consumers in the previous 20 years. For consumers, the changes may bring more upfront transparency and fewer questionable listings. But the core paradox remains: resale is capped and heavily regulated, while primary sellers retain full freedom to deploy “dynamic” and “platinum” pricing that can drive face values sky-high before fans ever have the chance to buy.
As the law takes hold, the stage is set for a test case in whether aggressive resale limits actually protect consumers — or simply push them toward riskier options while leaving the root causes of runaway ticket costs untouched.
