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State Legislation Eliminates Concealed Costs on Secondary Ticket Markets and Services

Recent legislation and enforcement actions are forcing ticket resellers and secondary markets to disclose the true total cost of tickets upfront, eliminating the practice of advertising low headline prices only to reveal significant hidden fees at checkout. The Federal TICKET Act, passed by Congress in the 119th session, mandates that advertisements clearly display the total event ticket price and that sellers provide an itemized breakdown of all fees before purchase is completed. State legislatures, particularly California with its AB 1349 bill, are moving faster to crack down on secondary ticket market practices, requiring resale platforms to explicitly identify tickets as resold merchandise and display the original face price. These laws represent a direct response to the “drip pricing” practices that have plagued the ticketing industry for years. The regulatory pressure is already resulting in real consequences for major players.

In April 2026, the Federal Trade Commission secured a $10 million settlement with StubHub after the platform sold live-event tickets in May 2025 without clearly displaying the full total price in its advertisements or providing mandatory fee breakdowns before customers completed their purchases. This enforcement action signals that regulators are willing to pursue settlements against ticket resellers who continue to hide fees, and the FTC’s ongoing case against Live Nation Entertainment and Ticketmaster—filed in September 2025—promises additional accountability in the sector. For consumers, these changes mean that the era of being ambushed by unexpected service fees, facility charges, and processing costs is ending, at least in theory. What remains unclear is whether these protections will be uniformly applied, how effective they will be in practice, and what loopholes sellers may find. The ticketing market has historically adapted to regulatory changes by finding new ways to obscure costs, so sustained enforcement and consumer vigilance will be essential to make these rules work.

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What Hidden Costs Have Plagued Secondary Ticket Markets?

The secondary ticket market—where fans resell tickets they already own—has become notorious for practices collectively known as “drip pricing,” where a low headline price shown in search results and advertisements doesn’t reflect what customers actually pay. A ticket advertised at $75 might cost $95 or more after facility charges, reseller processing fees, payment processing fees, regulatory recovery fees, and other line items are added at the final checkout step. By that point, the buyer has often already committed emotionally to the purchase and may feel trapped into completing the transaction. The low advertised price serves its purpose: it attracts clicks and makes the market seem more affordable than it actually is. StubHub, Ticketmaster’s resale platform, and other secondary-market players defended these practices as industry standard, arguing that fees are necessarily charged by the venues, payment processors, and resellers themselves.

However, the FTC and state attorneys general countered that transparency is both legally required and feasible. The settlement with StubHub centered on tickets sold between May 12 and 14, 2025, when the platform failed to clearly disclose the full total price in ads and did not provide the itemized fee breakdown that the TICKET Act requires. The company’s marketing material showed starting prices without the mandatory fee information, which experts say was a deliberate choice rather than an oversight. This practice has worked because regulators took years to respond, and many consumers simply accepted ticket fees as unavoidable—like sales tax. What changed is that federal legislators and state attorneys general began treating hidden fees not as a quirk of the market but as a consumer protection violation. California’s AB 1349, heard on April 22, 2025, goes further by addressing speculative ticket sales, where resellers and resale platforms stockpile tickets for events that may never be secured, creating artificial scarcity and inflating prices.

The Federal TICKET Act and California’s AB 1349 Crackdown

The federal TICKET Act (Senate Bill 281 in the 119th Congress) is the most comprehensive rule enacted so far. It requires that ticket advertisements clearly and conspicuously display the total price a customer will pay, not just a base price. Before any customer completes a purchase, sellers must provide an itemized list showing the base ticket price, each fee, and the total. This itemization must be presented in a format the consumer can view and review, effectively preventing the surprise fee revelation that has defined the resale market experience. California’s AB 1349 takes aim at both pricing transparency and speculative inventory practices. The bill requires that resale ticket listings explicitly state that the ticket is a resale (not a direct sale from the venue) and display the original face price printed on the ticket. This allows buyers to see what the ticket originally cost and assess whether the resale markup is reasonable.

The bill also prohibits resellers and resale marketplaces from selling tickets speculatively—that is, from selling a ticket to a consumer before the reseller has actually secured or confirmed possession of the ticket. This restriction is significant because speculative sales have been a mechanism for artificial price inflation. For example, a resale platform might list 500 seats at $200 each when it only has confirmed access to 50 of them, creating the impression of availability and keeping prices elevated. AB 1349 carves out an exception for tickets obtained through contracts with event promoters or venue operators, meaning legitimate presales and authorized resales remain permissible. However, a critical limitation is that these federal and state rules do not apply uniformly across all marketplaces. While California can regulate resellers operating in California, its laws have no direct effect on out-of-state platforms unless they have sufficient California customer base or intentional targeting of California residents. The federal TICKET Act applies to advertisements in interstate commerce, but its enforcement depends on FTC resources and the willingness of state attorneys general to pursue violations. A smaller resale platform operating in a less-regulated state may continue to use drip pricing tactics without immediate consequences.

The FTC Settlement with StubHub and Ongoing Ticketmaster Litigation

The April 2026 FTC settlement with StubHub represents the most significant financial penalty imposed on a ticket reseller to date. StubHub agreed to pay $10 million in restitution to affected customers—those who purchased tickets for live events on May 12, 13, and 14 of 2025. The settlement specifies that these purchases were made because StubHub advertised ticket prices without including the mandatory fees and failed to provide a clear, itemized breakdown of all charges before checkout. This wasn’t a violation buried in fine print; it was a core advertising and checkout practice. The fact that the settlement is limited to a specific three-day window suggests the FTC investigated a particular advertising campaign or pricing update that violated the rules. StubHub’s settlement requires the company to clearly display total prices in all future ticket advertisements and to provide itemized fee disclosures. The company must also maintain documentation to prove compliance.

For consumers, the value of the settlement is that those who made qualifying purchases can file claims to receive restitution—typically a refund of the hidden fees or a credit toward future purchases. The settlement does not require StubHub to admit wrongdoing, a common provision in FTC settlements, but it does signal that the agency considers drip pricing in ticket advertising to be a serious violation. Meanwhile, the FTC and seven states filed suit against Live Nation Entertainment and Ticketmaster in September 2025 for widespread drip pricing practices in secondary ticket markets. This case is broader than the StubHub settlement and targets the largest player in the industry. Unlike the StubHub settlement, which was limited to a specific time period, the Ticketmaster case alleges systematic practices across a longer timeline. The litigation has not yet concluded, but if successful, it could result in much larger penalties and more sweeping changes to Ticketmaster’s operations. The fact that multiple states are suing alongside the FTC suggests a coordinated enforcement effort, which increases the likelihood of a substantial penalty.

What Transparency Requirements Apply to Resellers Now?

Under the new rules, resellers and secondary-market platforms must meet several specific obligations. First, any advertisement of a ticket—whether on the reseller’s website, in search results, or on social media—must display the total price the customer will actually pay. This total includes the base resale price, all seller fees, facility charges, payment processing fees, and any other mandatory charges. If a ticket is being resold on an exchange where commission varies, the advertisement must display the highest possible total price, not the lowest. This prevents the scenario where a platform advertises a ticket at one price knowing that many customers will face a significantly higher total. Second, before a customer completes a purchase, the platform must present an itemized breakdown showing each component of the total price.

Customers must be able to see, for example, that a $75 ticket resale includes a $15 service fee, $8 payment processing fee, and $4 facility recovery fee, totaling $102. This itemization must be provided in a clear format, not buried in scrollable fine print or pop-ups that can be easily skipped. For resale tickets in California, sellers must also disclose the original face price, enabling a buyer to immediately recognize whether a ticket is being marked up tenfold or moderately. The practical effect is that buyers now see what they’re getting into before they click “buy.” Some platforms have begun to highlight these requirements as selling points, framing transparency as a consumer-friendly feature rather than a grudging compliance measure. However, there’s a tradeoff: platforms that previously competed on offering the lowest headline prices now compete on different terms. A platform that clearly displays high fees upfront may appear more expensive than a competitor still using hidden fees (though that competitor is now violating the law). This creates a temporary disadvantage for compliant sellers until enforcement is universal.

Gaps and Limitations: What’s Not Yet Covered

Despite these advances, significant gaps remain. International resellers, such as ticketing platforms based outside the United States, are not directly subject to the TICKET Act or California’s AB 1349, though they can be held accountable if they target U.S. customers. Some foreign-based resale sites deliberately obscure their location and principal place of business to avoid U.S. regulatory scrutiny. A customer buying through such a platform may not receive full fee transparency. Additionally, the TICKET Act applies primarily to advertisements in interstate commerce, but does not mandate that in-person ticket brokers—individuals selling tickets at venues or through in-person channels—disclose the same information. A scalper selling tickets outside a concert venue is not technically operating a “resale marketplace” and may not be subject to these rules.

Secondary markets within corporate platforms also present compliance challenges. For example, some ticketing companies operate internal resale sections where customers can list tickets, but the company also acts as the underlying seller. The regulatory classification of these dual-role operations is still being tested. Similarly, peer-to-peer sales—where fans sell directly to other fans through private channels or casual online groups—are not regulated by these bills. A fan selling a concert ticket to a friend through email or social media is not required to disclose fees, simply because the transaction falls outside the definition of a “resale marketplace.” This creates a shadow market where traditional drip pricing tactics remain legal. A warning for consumers: not all digital ticket sales are subject to these transparency rules. If you purchase through a secondary site that does not clearly display total prices, that platform is likely violating federal and state laws. However, proving the violation and recovering funds requires either pursuing a claim in a settlement or reporting the violation to the FTC or state attorney general. Settlements are created only after enforcement actions, so there is often a lag between when violations occur and when harmed consumers can recover.

Settlement Claims and Consumer Recovery

If you purchased tickets through StubHub between May 12 and 14, 2025, and were charged fees not clearly disclosed in the advertisement or checkout process, you may be eligible to submit a claim for restitution under the FTC settlement. Claims are typically submitted through a claims administrator, which is designated after the settlement is approved. The settlement amount of $10 million is divided among all valid claims, meaning the actual restitution per person depends on the number of qualifying claims submitted. Some claimants receive full refunds of hidden fees, while others receive partial refunds or credits.

To file a claim, you will need proof of your purchase: an order confirmation, receipt, credit card statement, or screenshot showing the advertised price and the actual total charged. The claims process usually remains open for 6 to 12 months after the settlement is finalized. If you did not know about the settlement or missed the deadline, you may still be able to report violations to the FTC directly at reportfraud.ftc.gov, though this does not guarantee recovery. The state attorney general’s office in your state may also accept complaints about ticket pricing violations.

How to Verify Ticket Prices and Protect Yourself

When shopping for resale tickets today, take the following steps: First, confirm that the ticket site displays a clear total price before you enter payment information. The total should include every mandatory charge. If the site shows a base price but requires scrolling, clicking additional links, or accepting checkout to see the full total, it is not in compliance with the TICKET Act. Second, compare the total price to the original face value if you can find it. For major events, venues often publish face prices on their official websites or ticketing partners. If a resale ticket is being marked up more than 50% above face value, investigate whether the markup is justified by demand and scarcity or whether it reflects excessive fees.

Third, avoid purchasing from sites that advertise “processing fees may apply at checkout.” This language is a red flag for drip pricing and suggests the platform is not in full compliance. Take screenshots of the advertised price and the final itemized receipt for every ticket purchase. If you later discover that you were charged undisclosed fees, you’ll have documentation for a complaint or claim. Additionally, verify that the resale platform is operating legally in your state. California requires resale platforms to register with the state and comply with AB 1349, so buying through an unregistered resaler operating in California is not only risky from a compliance standpoint but may indicate that the seller does not have legitimate inventory. For the Ticketmaster litigation, claims may become available after the case concludes, so monitor the FTC website and your state attorney general’s office for settlement announcements.

Frequently Asked Questions

What is the difference between the federal TICKET Act and California’s AB 1349?

The TICKET Act requires clear total price displays in advertisements and itemized fee breakdowns at checkout. AB 1349 goes further by requiring resale platforms to explicitly identify resold tickets and display the original face price. AB 1349 also prohibits speculative ticket sales, where resellers sell inventory they don’t yet possess.

Am I eligible to claim restitution from the StubHub settlement?

You are eligible if you purchased live-event tickets through StubHub on May 12, 13, or 14, 2025, and the advertised price did not clearly disclose all mandatory fees. You will need proof of purchase. The claims process is managed by a claims administrator designated after the settlement is finalized, and the deadline is typically 6 to 12 months from settlement approval.

Can I still be charged hidden fees by ticket resellers in 2026?

Resellers that comply with the TICKET Act and applicable state laws must disclose all fees upfront. However, enforcement depends on regulatory action, so some platforms may still use drip pricing tactics. If you discover undisclosed fees, you can report the violation to the FTC or your state attorney general.

Does the new legislation apply to all ticket resellers?

The TICKET Act applies to advertisements in interstate commerce, so it covers most online resale platforms. However, international resellers, in-person ticket brokers, and peer-to-peer sales between individuals are not subject to these requirements. California’s AB 1349 applies to resale platforms operating in California but does not govern out-of-state platforms unless they target California residents.

How can I tell if a ticket resale site is in compliance with the new laws?

Compliant sites display the total price (including all fees) before you enter payment information. They provide an itemized breakdown of each fee. If the site advertises a low base price and adds significant fees at checkout, or uses language like “fees may apply,” it is likely not in compliance.

What should I do if I believe I’ve been overcharged by a ticket reseller?

Take screenshots of the advertised price and the final itemized receipt. Check if there is an open settlement or claims process through the FTC website or your state attorney general’s office. If no settlement exists, file a complaint with the FTC at reportfraud.ftc.gov or contact your state attorney general’s consumer protection division.


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