Consumer advocate groups cautioned lawmakers in Washington D.C. against moving forward with proposed legislation to regulate ticketing at a hearing this week, indicating that it would backfire by strengthening the very monopoly it claims to constrain. The legislation, they warned, would limit consumer options and competition in the ticketing market, while allowing industry giants like Ticketmaster to tighten their grip.
“If price caps drive Live Nation’s competitors out of business, ticket resales won’t disappear—they’ll just move onto Live Nation’s resale platform,” said Professor Chris Gowen of American University in testimony provided to the committee prior to the hearing (PDF opens in new window). “That would make things worse for D.C. residents, not better.”
The bill, framed as the “Restricting Egregious Scalping Against Live Entertainment (RESALE) Amendment Act of 2025” – was introduced by Councilmember Charles Allen and backed by several colleagues. It aims to curb what sponsors describe as online scalpers and bots that snag tickets and flip them at huge markups.
The proposal would ban speculative ticket listings (advertising tickets that the seller doesn’t yet have) and require high-volume resellers to register with the DC government, in addition to enforcing “all-in” pricing so fees are disclosed upfront. Violators of the price cap or registration rules could face hefty fines under the bill.
Supporters of the RESALE Act – primarily local venue operators and promoters – argue these measures are needed to protect fans and artists. Audrey Fix Schaefer of I.M.P., which operates the 9:30 Club and The Anthem, told the D.C. Council that bots and scalpers have distorted the market. Local promoter Will Eastman said predatory resellers steal equity from artists and venue staff. Councilmember Allen cited examples of $40 tickets reselling for $1,000, arguing that the legislation ensures fans get a fair shot at face-value pricing.
Notably, the bill’s support base includes many venues aligned with the “Fix the Tix” coalition, a campaign largely driven by organizations with close ties to mega-manager Irving Azoff, which closely mirrors Live Nation Entertainment’s legislative priorities. That coalition has pushed for measures including resale price caps and stricter control by primary ticket issuers. Critics note that many proponents have financial ties to Ticketmaster/Live Nation, which holds exclusive ticketing contracts with most major venues and would benefit from limiting independent resale competition.
Exemption of Sports Tickets Raises Questions
One quirk of the D.C. proposal is that it exempts sporting events from the new ticketing rules. This means the price cap and other protections would apply to concerts and theater shows, but not to sports games. Consumer advocates argue this carve-out creates a two-tier system, where a concertgoer and sports fan in the same venue receive different protections. Brian Hess, Executive Director of Sports Fans Coalition, called the exclusion especially unfair given that sports tickets are taxed at a higher rate in the District. He urged lawmakers to include sports tickets to ensure consistency.
Consumer Advocates Warn of Unintended Consequences
At this week’s hearing, consumer advocates and resale platforms pushed back on the proposal. Diana Moss of the Progressive Policy Institute testified that the bill unfairly targets the only competitive segment of the ticketing market – the secondary market – while leaving the monopolized primary market, controlled by Live Nation-Ticketmaster, untouched. Moss warned that imposing a price cap and allowing primary sellers to restrict ticket transfers would stifle competition and entrench the dominant player’s power.
Gowen echoed that view, calling the bill a misguided form of consumer protection that could ultimately strengthen Ticketmaster’s monopoly. With independent resale sites potentially driven out, he argued, fans would be left with no choice but to use Ticketmaster’s platform for both primary and resale tickets – often at inflated prices.
Gowen’s Full Testimony (PDF opens in new window)
Hess emphasized that resale marketplaces frequently offer lower-than-face-value tickets, estimating $9 million in annual savings for D.C. fans. A 2024 study from the American Consumer Institute found that over half of resale tickets sell below face value, saving U.S. consumers more than $400 million.
Advocates also cautioned that price caps have failed elsewhere. In Ireland and Australia, resale restrictions led to higher fraud rates and unregulated transactions. Ontario repealed its cap in 2019 after declaring it unenforceable. When legitimate platforms are restricted, critics warned, fans turn to social media and unregulated forums, increasing the risk of scams.
Calls to Address Root Causes, Not Just Symptoms
Rather than capping prices, advocates urged the Council to address the root causes of high markups, including bot-driven ticket hoarding. The Federal Trade Commission recently sued Live Nation, alleging it allowed professional scalpers to use bots to buy up tickets and resell them through its own platform – profiting on both ends of the transaction. Advocates want D.C. to empower the Attorney General to enforce anti-bot rules locally and pursue transparency provisions like all-in pricing.
They also argue for unrestricted ticket transferability to ensure fans can resell tickets they can’t use. Current language in the bill allows for limitations if disclosed upfront, but consumer groups say this gives primary sellers like Ticketmaster too much control. States like Virginia already prohibit such restrictions, and D.C., they argue, should follow suit.
Outlook
With more than 70 speakers offering testimony, the hearing highlighted the intense debate around D.C.’s RESALE Act. While no vote has been scheduled, Councilmember Allen suggested the bill could be amended. As the District considers its next steps, consumer advocates warn that the legislation as written risks eliminating the very competition that helps fans find fair prices, instead bolstering a monopoly that many say is already out of control.
