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- calendar_today October 19, 2026
Ticket Policy Forum Challenges D.C.’s New Ticket Reselling Law
On October 14, 2026, the Ticket Policy Forum, an organization representing third-party ticket resellers such as SeatGeek, Vivid Seats, and TickPick, filed a lawsuit in the U.S. District Court for Washington, D.C. The suit seeks to prevent the enforcement of the Restricting Egregious Scalping Against Live Entertainment (RESALE) Amendment Act of 2025, a law unanimously passed by the D.C. Council in July. If implemented, the RESALE Act would introduce significant restrictions on ticket reselling practices effective January 1, 2027.
Key Provisions of the RESALE Act
The RESALE Act targets ticket scalping and aims to improve consumer protection for those buying concert tickets and event passes from third-party vendors. Notable features of the legislation include:
- A ban on the sale of speculative tickets—offers for tickets not actually owned by the seller at the time of listing.
- A limit capping the resale price at a maximum of 10 percent above the original face value—a ticket markup restriction intended to curb inflated prices on resale platforms.
The law is designed to shield buyers from what the D.C. Council describes as predatory vendors, who have been accused of taking millions of dollars from local consumers through significant ticket markups.
Legal Arguments Against RESALE Act
In its court filing and an associated request for a preliminary injunction, the Ticket Policy Forum claims the RESALE Act violates several constitutional provisions. The suit argues that the law:
- Breeches the Commerce Clause and the Home Rule Act, as it allegedly regulates transactions where sellers and buyers may reside outside the District.
- Violates the Due Process Clause, alleging the price cap could prevent resellers from earning a reasonable return on their services.
- Infringes on First Amendment rights by mandating disclosure of the original ticket purchase price, a form of compelled commercial speech that plaintiffs argue constitutes a content-based regulation subject to heightened legal scrutiny.
Brian Berry, executive director of the Ticket Policy Forum, stated, “They violated the Constitution on multiple grounds. They had an opportunity to approach this legally and they didn’t.” The forum asks the court to declare the RESALE Act unconstitutional and unenforceable in its entirety. Should an injunction not be granted, the group seeks "just compensation" and to recover legal costs and attorneys’ fees.
Supporters Defend Consumer Protection Measures
Supporters of the RESALE Act argue that the legislation is a necessary step toward protecting consumers from excessive ticket markups. Audrey Fix Schaefer, director of communications for I.M.P. Productions (the company behind venues like the 9:30 Club, the Anthem, and the Atlantis), described the law as “a huge win for concert and theatre ticket buyers in DC.” Schaefer emphasized the prevalence of inflated resale prices, stating, “Last month alone, I.M.P. tracked $13.9 million worth of listings on resale platforms for our venues, across more than 111,000 tickets—92% of those tickets were listed above face value.”
Ward 6 Councilmember Charles Allen, who introduced the bill in April 2025, also responded to the forum’s lawsuit, criticizing major resellers for using technology to buy large quantities of tickets and resell them at inflated rates: “That show is over. However, it’s not surprising to see them try for an encore to preserve these enormous profits and the status quo.”
Implications for Ticket Buyers and Resellers
Should the RESALE Act proceed as scheduled, it would set a precedent for regulating third-party ticket reselling, particularly markup practices. The outcome of the lawsuit could have broad influence over how cities and states craft similar consumer protection laws targeting ticket scalping and predatory vendors in the live entertainment sector.
Next Steps
The preliminary injunction request seeks to halt enforcement of the RESALE Act until the court issues a final judgment. As the January 1, 2027, implementation date approaches, both sides await court action that could determine the future of ticket reselling and consumer rights related to concert tickets and event access in Washington, D.C.
Source: washingtoncitypaper.com.
