Is Reselling Tickets Legal? What Brokers Should Know
Reselling tickets is legal in the vast majority of the United States. There is no federal law against ticket resale itself — only against using bots to bypass purchase limits. A handful of states regulate resale more specifically, including price caps in a few cases and broker licensing requirements in others.
**This is general information, not legal advice — always check your specific state's current rules.**
Is it legal to resell tickets in the United States?
Generally, yes. Ticket reselling is legal in the vast majority of the US. There's no federal law prohibiting the resale of tickets at a markup. Ticket resale is generally legal and common practice across the US, but it is regulated at the state level — and a small number of states impose specific restrictions worth knowing about.
This is general information, not legal advice. Laws vary by state and change over time. If you're operating as a broker at any meaningful volume, it's worth consulting a lawyer familiar with your state's current rules.
What federal law applies to ticket resale?
At the federal level, the primary law governing ticket resale is the BOTS Act, signed in December 2016. It prohibits using automated software to bypass ticket purchase limits or circumvent security measures, and prohibits reselling tickets knowingly acquired through bot software. It does not prohibit manually purchasing tickets and reselling them at a markup — violations can result in fines up to $16,000 per offense, enforced by the FTC.
In plain terms: buying tickets the normal way and reselling them for profit is not what this law targets. It targets automated bulk-buying.
Do any states restrict how much you can charge for resold tickets?
A small number of states have price-related restrictions, though the details and enforcement vary:
A handful of states — including Massachusetts, Rhode Island, Vermont, and Kentucky — still cap resale prices by statute. Rhode Island law prohibits scalping tickets for an amount more than ten percent or three dollars above the original price, whichever is greater.
Other states take a different approach — New York limits resale markups unless the seller is licensed, and Connecticut prohibits resale above face value unless the seller is an authorized reseller.
Many states have no price restriction at all. Texas has no restrictions on ticket scalping, and Florida does not place restrictions on resale price unless the resale happens on venue premises without permission.
What rules apply regardless of state?
Even where resale is unrestricted by state law, platform terms of service still apply — StubHub, Ticketmaster, and SeatGeek all have seller terms that sellers agree to when creating an account. Common rules across platforms include only listing tickets you actually own and can deliver.
Location-based restrictions are also common — many cities and states prohibit reselling tickets within a certain distance of the event venue, regardless of broader state law. Disclosure requirements are also widespread — most states require resellers to clearly disclose seat location, original ticket price and any restrictions like obstructed views or non-transferability.
What should brokers do to stay compliant?
A few practical habits go a long way:
Check your specific state's current rules before scaling up volume — laws change, and what was true a year ago may not be true now. If you're operating in New York or Massachusetts at real volume, look into broker licensing directly. Follow platform terms of service on every marketplace you sell through, since violations can result in account suspension independent of any legal issue. Avoid bots or any automated purchasing software — this is the one area with clear federal enforcement. And keep records of your sales, since several states require sellers to maintain documentation.
Frequently asked questions
Is it illegal to resell concert tickets for profit?
In most of the United States, no. There's no federal law against reselling tickets at a markup. A small number of states have price caps or licensing requirements. This varies by state — check current local rules before assuming a blanket answer applies everywhere.
What is the BOTS Act and does it affect ticket brokers?
The BOTS Act is a federal law that prohibits using automated software to bypass purchase limits on ticketing platforms, and prohibits reselling tickets acquired that way. It does not prohibit manually purchasing and reselling tickets at a markup.
Do I need a license to resell tickets?
Most casual and moderate-volume sellers don't need a license in most states. New York and Massachusetts are notable exceptions that require licensing for ticket brokers operating at volume. Check your specific state's requirements directly.
Are there states where ticket resale is capped at face value?
A few states — including Massachusetts, Rhode Island, Vermont, and Kentucky — have statutes capping resale prices in some form. Most states do not have a price cap.
This is general information — where can I get a definitive answer for my state?
This post is for general informational purposes only and isn't legal advice. For a definitive answer, consult your state's current statutes directly or speak with a lawyer familiar with ticket resale regulation in your state.
