It has been a year since Taylor Swift’s legions of fans, ecstatic at the artist’s return to the stage, blew up Ticketmaster’s platform. Swifties’ outrage over the debacle quickly led to Congressional hearings, lawsuits, and no end to the finger-pointing by various live event industry players. The failed on-sale of Taylor Swift tickets illuminated what fans have long known: the simple act of buying a ticket is a rigged, opaque and frustrating experience. There is virtually no transparency in the multibillion-dollar ticket market, and all industry players who have a hand in ticketing-related decisions share some of the fault for the mess that is today’s ticketing market. What became crystal clear after the Swift meltdown was that ticketing – and also the broader live events industry that includes tour promotion, artist management, and venues – is broken and in desperate need of clearer and fairer rules of the road that prioritize both fan protection and competition in the industry.
More than a year later, consumers are still waiting for Congress to pass bills that will make the simple act of buying a ticket easier. To Congress’ credit, there have been numerous common-sense proposals put forward by legislators from both sides of the aisle. Unfortunately, those efforts have been stymied by industry players hoping to put their thumbs on the scales to benefit one special interest over another.
This is a problem, but reform built on a consensus that puts fans first, prohibits deception, and increases transparency in ticketing is possible.
We know what fans need and how Congress can help. “All-in pricing” requirements would protect ticket buyers from being lured down a high-pressure multi-click path only to be surprised by hidden fees at checkout. So-called “speculative ticketing,” where sellers offer tickets they do not yet possess without making clear disclosure should be banned in favor of well-regulated shopping services. This way a fan can pay a shopper to fetch tickets but isn’t likely to incur other expenses like travel until that purchase is confirmed. The Federal Trade Commission should get more tools to enforce existing laws on illegal software bots that scoop up tickets before humans have a chance to buy them. When an event is canceled, fans should know they will promptly get a refund. And deceptive URLs that trick fans into believing a website is associated with the event organizer or box office when it is not, should be banned.
There is wide agreement that these solutions will promote transparency and fight deception in the live event industry. Many proposals to accomplish one or more of these objectives have already advanced in Congress, or are part of other bills that have the support of consumer and fan advocacy organizations. In many cases, even industry players appreciate the consumer benefit and are willing to support them, provided the rules apply to every player in the system equally and that they are enforced.
From venues to artists to teams to ticket sellers, if everyone can maintain agreement and put self-preferencing wish lists aside, Congress can pass bipartisan legislation and enact a law this year that will immediately benefit millions of fans. Putting these five reforms into law would be the most significant live event ticketing reform passed by Congress since the passage of the BOTS Act in 2016.
After more than a year of effort to reform the ticketing industry, it is clear that there is genuine and bipartisan interest and momentum to fix the live event industry. While no one proposal is a silver bullet, these five core reforms represent a passable, fans-first set of consumer protections that will finally fix long-standing problems in the industry. It is an opportunity that Congress should not miss.
John Breyault is vice president of public policy, telecommunications and fraud at the National Consumers League. He is a member of the Ticket Buyer Bill of Rights coalition, along with Consumer Federation of America, Consumer Action, National Association of Consumer Advocates, Consumer Federation of California, Virginia Citizens Consumer Council, Public Knowledge, Protect Ticket Rights, Sports Fans Coalition, and Fan Freedom. This article was originally published by RealClearMarkets and made available via RealClearWire.
