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Massachusetts targets ticket gouging with a 110% resale cap and 10% fees

Fans waiting in online queues, missing out, and then seeing the same tickets relisted.

A concert crowd.

Photo Credit: iStock

Massachusetts is taking aim at one of the most frustrating parts of live entertainment: watching a reasonably priced ticket disappear, only to show up online again at a massive markup.

A proposal from Governor Maura Healey would cap resale prices for concert and sports tickets at 110% of face value while also limiting reseller fees to 10%, an effort aimed at making live events more affordable for fans.

What's happening?

The legislation unveiled July 16 targets the secondary market, meaning tickets sold after the original purchase. A $100 ticket, for example, could be resold for no more than $110, and platforms such as StubHub and SeatGeek would face a cap on added charges, as WBUR reported.

It would bar speculative listings and go after deceptive ticket websites and misleading promotions. The measure also allows a higher resale threshold if an artist or venue agrees to it in writing.

During the rollout, Healey described the now-familiar pattern of fans waiting in online queues, missing out, and then seeing the same tickets relisted at steep prices. Folk singer Noah Kahan also appeared in a prerecorded video to support the proposal.

Some in the industry object to the plan. Brian Berry, executive director of the Ticket Policy Forum, said it zeroes in on resales while leaving primary sellers — especially Ticketmaster — able to use dynamic pricing and other tools that can push prices up before a ticket ever reaches the secondary market.

Why does it matter?

Backers say the rising cost of tickets has pushed concerts and sporting events beyond what many people can pay. Sen. Dylan Fernandes pointed to resale listings for Noah Kahan's sold-out Fenway Park shows that climbed far above the original price, with some asking prices reaching the thousands.

Fernandes said every extra few hundred dollars spent on a marked-up resale seat is money no longer available for smaller artists, independent venues, or other leisure spending that helps local economies.

Opponents say the bill leaves a major source of high prices untouched because primary sales account for about 90% of the Massachusetts market, according to Berry. The Coalition for Ticket Fairness also warned that the proposal may make it harder for people to resell tickets they already bought while doing little about earlier price increases.

What's being done?

Healey's administration says the bill is designed to rein in resale tactics that drive up prices without sending more money to artists or venues. Jesse Boodoo, Healey's chief legal counsel, said the aim is to give artists greater control over what fans ultimately pay.

Fernandes said he plans to offer similar ticket-resale language as an amendment to the Senate's economic development bill. Because that legislation is expected to reach the chamber floor soon, according to WBUR, the idea may get a quick entry into the legislative process.

Ticketmaster said it supports some elements of the push, including a crackdown on speculative ticketing and caps on resale prices. Critics of the proposal, though, say lawmakers should address affordability in both the primary and secondary markets.

Healey described the problem bluntly: "We know this happens a lot. It's infuriating. It's unfair, and it just costs way too much."

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