scalpers
The Federal Trade Commission is being urged to investigate technology companies that create tools for ticket scalpers that violate existing laws and drive up the price of concert tickets.
The warning and call to action comes by way of a letter signed by National Independent Talent Organizations president Jack Randall and executive director Nathaniel Marro, taking aim at the World Ticket Summit. Held in Nashville earlier this month, the annual conference is organized by the National Association of Ticket Brokers, the country’s largest member organization for professional ticket resellers and individuals who list and resell tickets on sites like StubHub and SeatGeek.
At this year’s summit, members of NITO – which represent independent talent agencies and management companies including Arrival Artists, High Road Touring, Paladin Artists, Q Prime, Red Light Management and TKO – “observed a sold-out exhibition hall filled with vendors selling and marketing products designed to bypass security measures for ticket purchases, in direct violation of the BOTS Act,” a Sept. 9 letter to Federal Trade Commission chair Lina Khan reads.
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That technology includes web browser extensions that set up multiple tabs masking a user’s IP address, proxy services that allow users to be logged in to multiple ticketing accounts from one location and virtual credit card services that bypass geographical restrictions on ticket sales, which are often put in place by event organizers to ensure fair access for local fans.
According to the letter, the use of this type of technology to procure concert tickets is a violation of the Better Online Ticket Sales (BOTS) Act of 2016 which prohibits scalpers from using technology that circumvents “a security measure, access control system, or other technological measure used to enforce ticket purchasing limits for events with over 200 attendees.”
Put more simply, most ticketing companies place a cap on how many tickets a fan can buy for a concert and the use of automated bots, proxy servers, VPNs and phantom credit cards to exceed purchase limits is a violation of the BOTS Act.
“The presence of these vendors at a conference specifically for ticket brokers strongly suggests that a substantial portion of attendees either currently use these services or are likely to do so in the near future,” the letter reads. “This widespread availability and apparent demand for tools that can circumvent ticket purchasing limits indicates that many, if not most, scalpers are operating in violation of the federal BOTS Act.”
The NATB’s executive director Gary Adler issued a lengthy statement in response to NITO’s letter, writing “The vast majority of technology exhibitors at the conference were inventory management systems that help ticket companies organize their tickets, offer them for resale, and help with pricing.”
“There are many friction points in ticketing,” Adler continued “and high-tech ways that players in the system try to monopolize every dollar spent on ticketing and to prevent the resale of tickets. For more than half of events there are lower cost options on the secondary market and some in the primary market don’t like seeing their previously sold tickets being offered for resale at deep discounts. Artists, venues, and primary ticketers abuse technology every day to create fake scarcity and deceive consumers into paying higher prices when really, they are secretly holding back tickets to slowly drip more on sale over time to cheat and fool the fan. This is most likely an illegal deceptive marketing and advertising practice, driven by artists, venues, and primary ticketing companies, that the FTC should immediately investigate.”
Adler notes that the NATB “advocated for the passage of the BOTS Act in 2016 as we fully support the banning of bots. There is no place in the system for illegal bot use. We stand for doing resale the right way and passing strong laws to protect fans and competition across the ticketing industry. If any exhibitors were offering technology that violates the BOTS Act, we want to know as they will not be welcomed back.”
Since its passage in 2017, the BOTs Act has only been enforced one time, in 2021, when three New York-based ticket brokers were charged with violating the law. The government’s enforcement of the BOTS Act has been an “abysmal failure” writes songwriter and music industry analyst Chris Castle, noting that StubHub’s scheduled IPO this fall was a tell-tale sign that the BOTS Act was “under-enforced.”
“Let’s face it – if there were no bots and no boiler room operations, StubHub probably wouldn’t have much of a business,” Castle wrote. Lawmakers including Sen. Marsha Blackburn (R-Tenn.) have introduced legislation like the Mitigating Automated Internet Networks for (MAIN) Event Ticketing Act of 2023 which would force ticketing companies to be more proactive about reporting BOT usage, but those efforts have largely stalled in Congress.
NITO’s letter includes eight recommendations for rights holders and the FTC, calling for the regulator to subpoena the customer lists of “companies offering services that fall into the categories likely to facilitate BOTS Act violations” as well as increased enforcement actions, prioritizing “investigations into large-scale ticket reselling operations, focusing on those using multiple technologies to circumvent purchasing limits.”
By implementing these recommendations, the letter explains, “rights holders and the FTC can take significant steps towards curbing BOTS Act violations and ensuring fairer access to event tickets for consumers.”
Scalpers hoping to earn a big payout flipping Chappell Roan tickets likely just watched their profits vanish after the singer announced she was shutting down resellers charging outrageous markups for her Oct. 1 show in Franklin, Tenn.
The news was greeted with praise by fans who have watched the “Good Luck, Babe!” singer’s star rise to new heights this summer — as well as by questions from ticket buyers wondering how the singer was able to call a mulligan on tickets she’d already sold to ensure actual fans get to attend her show instead.
The answer isn’t totally clear — Roan’s reps did not respond to Billboard‘s requests for comment — but there’s enough information already available about the Franklin show to tell part of the story. It’s also worth noting that Roan isn’t the first artist to deal with scalpers trying to mark up fan-friendly $30 lawn tickets to as high as $900; in years past, major artists like Ed Sheeran and Eric Church, among others, have utilized the same strategy. And while not a perfect system, it’s still an impactful way to ensure that more fans have access to affordable tickets.
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In many ways, for a breakthrough artist like Roan, there are worse problems to have. Over the last year, thanks to the success of her 2023 album The Rise and Fall of a Midwest Princess, her work as a supporting act on Olivia Rodrigo‘s Guts World Tour and her breakout performances this summer at Lollapalooza and Coachella, Roan, as some say in music business parlance, is the blowing the f— up. Now, as with any big star, scalpers are taking advantage.
In one less extensive example of this, tickets for Roan’s Oct. 2 show at Walmart Amphitheatre near Rogers, Ark., were originally priced between $30 and $80 when they went on sale in June. Now, they’re selling for $300 to $1,200 on StubHub and other secondary sites — though in that case, only a couple dozen tickets, out of 11,000 total capacity, appear to be listed on StubHub.
But in Franklin, there were dozens, maybe hundreds, more resale tickets on sale for the show at the 7,500-capacity FirstBank Amphitheater. Located just 20 miles south of Nashville, Franklin is a much bigger music market than Rogers, and the price gouging for tickets apparently prompted someone from her team to work with reps from Ticketmaster to find out who is scalping those tickets and take them away from those responsible.
Catching scalpers on Ticketmaster, especially after a sale has been made, isn’t particularly complicated. While there are laws governing ticket ownership and rights, in most cases ticketing companies treat tickets like revocable licenses, meaning they have the right to disable tickets that a fan purchased and refund them their money if they are caught violating Ticketmaster’s terms of service.
For example, many scalpers will try to buy up as many tickets as possible using multiple credit cards. That’s a violation of Ticketmaster’s “limit per order” policy, which limits the number of tickets that can be purchased per order based on the event and demand for tickets.
Ticketmaster prohibits users from using multiple IP addresses or email addresses when buying tickets, so if someone successfully completed a purchase of a Chappell Roan ticket but was later found to have used multiple email addresses or a VPN to hide their IP addresses, that could be grounds for their tickets to be canceled and refunded. It wouldn’t take long for a couple of Ticketmaster executives to comb through the transactions for a 15,000-capacity show and find purchases tied to bots with no IP addresses, or large purchases from newly-created accounts linked to free email services.
Once those transactions are identified, most are investigated and the purchases canceled. In Roan’s case, the canceled tickets were pooled and sold via lottery to fans who had to register in advance for a shot at buying them. Though it’s unclear how many tickets were canceled and reissued to fans, it’s unlikely that more than a few hundred tickets were involved.
While this practice is popular with fans and punishes amateur scalpers, there is an argument to be made that, in some cases, it enriches professional scalpers who are better at avoiding detection by reducing the number of tickets available on resale sites and in turn driving up the price for those tickets that aren’t taken down.
But the effort isn’t specifically aimed at eliminating all ticket scalping. Instead, it’s about randomly disrupting the predatory practices of scalpers targeting vulnerable shows by rising artists like Roan who don’t want to charge fans hundreds of dollars to see their concerts. And by focusing on high-margin shows where scalpers are set to make big paydays, artists like Roan really can impact the pocketbooks of professional ticket resellers and help keep more of their tickets affordable for fans.
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