Is ticket scalping illegal? What resale laws say
Resale rules are set state by state. New York licenses resellers, and six states bar locking transfer, per Ticketmaster. What each rule means for a seller.
“Scalping” is the old word for reselling a ticket above its price. Whether it’s allowed depends on where you are: resale rules are set state by state, and the states that write them pick different targets. Some license the people who resell. Others protect your right to transfer and resell what you bought.
State resale statutes
| State | What the law says | Statute |
|---|---|---|
| New York | Reselling tickets, or running a resale website, needs a license from the Secretary of State. A platform that only connects other buyers and sellers is exempt. | Arts and Cultural Affairs Law 25.13 |
| New York | An operator that sells paperless tickets has to offer paperless tickets the buyer can transfer “at any price, and at any time, and without additional fees.” | Arts and Cultural Affairs Law 25.30 |
| Virginia | An issuer can’t sell tickets only through a delivery method that substantially keeps the buyer from reselling on the platform of their choice, and no one can be turned away for buying or selling on a given platform. | Code of Virginia 59.1-466.6 |
Six states that bar transfer locks
Ticketmaster’s business site tells artists and organizers that turning off ticket transfer is illegal in New York, Illinois, Colorado, Virginia, Utah and Connecticut. That is a company’s summary, not a statute, but it matches the New York and Virginia laws above.
What it means for a seller
- Selling a pair you can’t use is a different thing from running a resale business. New York’s license rule is written broadly, so a New York seller who resells often should read section 25.13 in full.
- In a transfer-protection state, a ticket that won’t transfer is worth a question to the issuer. See tickets you can’t resell.
- Event terms still apply. A legal resale can break the event’s own rules, and some events cancel tickets bought outside their channel.
Laws change, and a page like this is no legal advice. For your own case, read the statute for your state or ask a lawyer there.