Venues, promoters, artists and fans have all pleaded for comprehensive federal ticketing reform to combat exorbitant markups and fees, predatory scalping practices, rampant bots and deceptive URLs.
While federal efforts like the TICKET Act made headlines for pushing for all-in pricing transparency, the real action is shifting from Capitol Hill and directly into state legislatures. In 2026, states are moving far beyond simple fee disclosures - they are actively rewriting the economics of the secondary ticket market.
Why is Ticketing Legislation Shifting from the Feds to the States?
The shift from federal to state-level ticketing legislation is happening because state governments are able to act faster and impose stricter, localized market regulations than the current divided US Congress.
While federal bills primarily focus on basic consumer transparency (like upfront pricing), states are now aggressively targeting the root causes of secondary market inflation. They are stepping in to enact hard price caps on resale tickets, ban speculative ticketing (selling tickets the broker doesn't yet own), and mandate strict licensing for high-volume scalpers.
2026 State Ticket Resale Laws Breakdown
States are now leading the charge by treating live event tickets not as commodities, but as consumer goods requiring heavy market protection. Here is a breakdown.
Washington D.C. (RESALE Act)
Pending its final Council vote in July 2026 , the RESALE Act enforces a strict 10% cap on ticket markups alongside a 10% cap on fees. It also restricts speculative ticketing and "surveillance pricing," a predatory practice that uses a buyer's online data against them to inflate prices. Additionally, it requires high-volume scalpers moving 50 or more tickets a year to register with the district and hold a $25,000 surety bond.
North Carolina (SB 849 - Real Tickets, Real Fans Act)
Passed in July 2026, this legislation aggressively targets digital deception. It bans speculative tickets, deceptive URLs designed to trick buyers, and ticket bots. The law also enforces strict "all-in" pricing transparency and places hard caps on the secondary market, limiting resale markups to 20% and fees to 10%. The law will take effect on October 6, 2026.
California (AB 1349 & AB 1720)
Having passed several key committee votes, two related bills are advancing through the current legislative session. AB 1349 requires sellers to have "constructive possession" of a ticket to ban speculative sales and prohibits fake "sold out" claims used to induce panic buying. AB 1720 would put a strict 10% cap on secondary market markups above the original ticket price.
Vermont (H. 512)
Effective July 1, 2026, Vermont's new law focuses on protecting local arts ecosystems. It bans speculative tickets and deceptive resale websites while capping resale markups at 110% of the original price. This measure was specifically designed to protect independent venues with 3,000 seats or fewer and community-driven events from predatory scalping.
Maine (L.D. 913)
Maine’s landmark ticketing legislation has been championed by the National Independent Venue Association (NIVA) as a national standard for consumer protection. Effective September 2025, the law imposes a strict 10% cap on ticket resale marketplace markups above the original total price. It also takes aggressive aim at secondary market tactics by banning speculative ticket listings, outlawing the use of bots to bypass purchasing limits, and prohibiting deceptive websites that mimic official venues. To ensure compliance, the state enforces full "all-in" price transparency and treats violations as unfair trade practices, carrying stiff penalties of up to $10,000 per infraction.
Tennessee, Connecticut and New York are also among the states advancing restrictions on resale.
Hypebot's Bottom Line
The era of the "wild west" secondary market is facing an existential threat.
If state-level restrictions in CA, NC, VT, DC, ME and elsewhere hold up against the inevitable legal challenges from deep pocketed secondary platforms, the business model of high-margin ticket scalping will collapse.
For artists and venues, this is a massive win. While not a panacea, these laws will lead to tighter control over ticket inventory, a better relationship with fans who are no longer being priced out of the building, and a more equitable live ecosystem.
Expect to see other jurisdictions copy-and-paste these bills into their own legislative sessions throughout the rest of this year and into 2027.
