Ticket Marketplaces Sue D.C. to Block RESALE Act

WASHINGTON D.C. – The Ticket Policy Forum (TPF) and its member companies, including SeatGeek, Vivid Seats, Gametime, and TickPick, have filed a lawsuit in U.S. District Court for the District of Columbia seeking to block the enforcement of the city's RESALE Act. The law, which is scheduled to take effect on January 1, 2027, imposes significant regulations on the secondary ticket market.

The plaintiffs argue that the RESALE Act is unconstitutional and violates several federal laws, including the dormant Commerce Clause, the Due Process Clause, and the First Amendment. They claim the law illegally regulates commerce outside of D.C., imposes confiscatory price caps, and compels disclosure of transaction prices, which they argue violates free speech. TPF is requesting a preliminary injunction to prevent the law from taking effect.

"The District has enacted a law that will drive ticket sales into the shadows, subjecting fans to greater risks from street-side scams and increased fraud," stated Brian Berry, Executive Director of the Ticket Policy Forum. Berry added that the law sets arbitrary price caps tied to original ticket prices, information that resale marketplaces often cannot access. He also noted that the law exempts primary ticket sellers, such as Ticketmaster, creating an uneven playing field.

The RESALE Act caps resale prices at 10% above the original ticket price and limits service fees to 10% of that original price. It also mandates that marketplaces display the original purchase price. The plaintiffs contend that these caps are arbitrary, unworkable, and that the law unconstitutionally extends its reach to transactions occurring outside the District of Columbia, as fewer than 1% of their transactions involve both a D.C. seller and buyer.