D.C. Defends Ticket Resale Cap Amid Lawsuit from SeatGeek, Vivid Seats, TickPick & Gametime
Secondary ticketing marketplaces and their trade group, Ticket Policy Forum, are seeking to block the district's newly enacted RESALE Act.
The District of Columbia is defending its new law capping secondary ticket resale prices amid a legal challenge from major resale marketplaces. The coalition of SeatGeek, Vivid Seats, TickPick and Gametime sued to block the city's newly passed Restricting Egregious Scalping Against Live Entertainment (RESALE) Act, claiming it is unconstitutional. The act, which goes into effect in 2027, limits secondary ticket prices to 10% above face value.
The resellers argue that a 10% cap would force them to "operate at a loss" and raise consumer prices by sending ticket sales to the black market. They seek an immediate injunction to stop the law's enforcement. However, D.C.'s Attorney General's Office rejects this, stating that the will of the people and consumer protection outweigh the companies' financial interests. They claim the law was properly enacted after residents grew frustrated with high ticket prices and received both local and congressional approval.
The government lawyers assert that the resellers' claims of the law being unconstitutional have no merit, particularly disputing a First Amendment argument about requiring them to list the original face value of tickets. The district argues this "compelled speech" claim strains credulity, pointing out that the original ticket price is essential for consumers to make informed decisions. A hearing on the injunction motion is set for November 19 in D.C. federal court.
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