Read the full stored bill text
1
April 9, 2025
Nyasha Howard
Secretary to the Council
Council of the District of Columbia
1350 Pennsylvania Avenue, NW
Washington, D.C. 20004
Dear Secretary Howard:
Today, I am introducing the “Restricting Egregious Scalping Against Live Entertainment (RESALE)
Amendment Act of 2025”, along with Councilmembers Brianne K. Nadeau, Kenyan R. McDuffie, Matthew
Frumin, Christina Henderson, Janeese Lewis George, Robert C. White, Jr., and Zachary Parker. Please find
enclosed a signed copy of the legislation.
The District is home to world-class arts and live entertainment venues. Unfortunately, the experience of
buying a ticket to see an artist or musician at a concert here in the District is unfair, deceptive, and
frustrating for concertgoers. Once a show is announced and tickets are released, scalpers, using bots and
other technology, will typically flood the venue’s ticketing platform and buy up most of the tickets to
immediately resell them on secondary ticketing platforms like Stubhub, Vivid Seats, and SeatGeek, at an
egregiously higher price. As a result, not only are concertgoers fle eced and price gouged, but they are
denied a fair price and a fair opportunity to get initial tickets at face value. The higher prices that
concertgoers pay for a ticket on the secondary market never go to the artist or venue , and instead
exclusively benefit the scalper. Additionally, when a concertgoer buys a ticket on the secondary market,
the exact seat number or section of the venue is typically not disclosed until the ticket has been
transferred. A ticket for the same or similar seat can also have its price vary dramatically across different
platforms.
Another opaque practice used by scalpers that harms c oncertgoers is the offer of “speculative tickets” –
i.e., tickets that are not yet in their physical possession. For example, on March 28, 2025, the Sex Pistols
announced a show in the District this coming September. On the very same day, the secondary market
was offering $335 tickets for the show, even though tickets had not been released. When tickets are
released, the initial price will be $60. Not only is th is practice deceptive, as scalpers are offering to sell
something that they do not actually have, it denies musicians the opportunity to set prices for their own
shows.
The RESALE Amendment Act of 2025 will protect artists, venues, and consumers in the District from unfair
and deceptive practices in the live event ticket market by:
2
• Capping the price of tickets sold on a secondary ticket platform at the total price of the initial
ticket plus up to 10% of the total price of the initial ticket;
• Banning the sale of “speculative tickets”;
• Requiring a reseller that sells or offers to sell 50 or more tickets a year to register annually with
the Department of Licensing and Consumer Protection and to require that registered resellers
provide certain information to the Department and maintain a surety bond of no less than
$10,000;
• Requiring “all-in” pricing and c larifying the existing Consumer Protection Procedures Act
obligation with language specifying that ticket issuers, resellers, and secondary ticket exchanges
must clearly and conspicuously disclose upfront certain information regarding ticket pricing;
• Laying out when refunds must be provided to consumers;
• Prohibiting a ticket issuer from restricting the transferability of a ticket unless the terms and
conditions on transferability are clearly disclosed to the consumer prior to purchase;
• Allowing ticket issuers to maintain and enforce policies and conditions or requirements for ticket
purchase with respect to conduct, behavior, public health and safety, or age at the venue or event,
and establish limits on the amount of tickets that can be purchased;
• Requiring a ticket issuer or secondary ticket platform to maintain reasonable technology to
prevent any machine, device, computer program, or computer software, with or without human
assistance, from bypassing security measures or access control systems designed to limit the
number of tickets that can be purc hased by a person on a marketplace for initial purchase or
secondary ticket exchange;
• Imposing responsibilities on secondary ticket exchanges to ensure fair practices in the secondary
market;
• Requiring the Mayor to issue rules to implement provisions governing the registration of resellers;
and
• Providing for civil penalties of $5,000 for the first violation and $10,000 for the second and
subsequent violations.
This legislation is supported by I.M.P., which owns the 9:30 Club, The Anthem, The Atlantis, and manages
the Lincoln Theatre, 30 local venues and music organizations, including the National Independent Venue
Association, and the Office of the Attorney General.
Please feel free to reach out to me or my Legislative Director, Antonio Nunes, with any questions or for
additional information.
Sincerely,
Councilmember Charles Allen, Ward 6
Chairperson, Committee on Transportation & the Environment
1
___________________________ ______________________________ 1
Councilmember Brianne K. Nadeau Councilmember Charles Allen 2
3
4
___________________________ ______________________________ 5
Councilmember Kenyan R. McDuffie Councilmember Matthew Frumin 6
7
8
___________________________ ______________________________ 9
Councilmember Christina Henderson Councilmember Janeese Lewis George 10
11
12
___________________________ ___________________________ 13
Councilmember Robert C. White, Jr. Councilmember Zachary Parker 14
15
16
17
18
A BILL 19
20
________ 21
22
23
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 24
25
_________________ 26
27
28
To amend Title 28 of the District of Columbia Official Code to protect artists, venues, and 29
consumers in the District from unfair and deceptive practices in live event ticket 30
purchases by clarifying a ticket issuer, reseller, or secondary ticket exchange’s existing 31
obligation under the Consumer Protection Procedures Act, like in all industries , to clearly 32
and conspicuously disclose upfront certain information regarding ticket pricing , to 33
prescribe procedures governing the provision of refunds , to prohibit the sale of 34
speculative tickets, to prohibit a ticket issuer from restricting the transferability of a ticket 35
unless the terms and conditions on transferability are clearly disclosed to the consumer 36
prior to purchase, to permit ticket issuers to maintain and enforce policies and conditions 37
or requirements for ticket purchase with respect to conduct, behavior, public health and 38
safety, or age at the venue or event, and establish limits on the amount of tickets that can 39
be purchased, to require a ticket issuer or secondary ticket exchange to maintain 40
reasonable technology to prevent any machine, device, computer program, or computer 41
software, with or without human assistance, from bypassing security measures or access 42
control systems designed to limit the number of tickets that can be purchased by a person 43
on a marketplace for initial purchase or secondary ticket exchange, to require a reseller 44
that sells or offers to sell 50 or more tickets a year to register annually with the 45
Department of Licensing and Consumer Protection and to require that registered resellers 46
provide certain information to the Department and maintain a surety bond of no less than 47
$10,000, to impose responsibilities on secondary ticket exchanges, to prohibit the price of 48
2
tickets sold on a secondary ticket exchange from exceeding the total price of the initial 49
ticket plus up to 10% of the total price of the initial ticket, to require the Mayor to issue 50
rules to implement provisi ons governing the registration of resellers , and to provide for 51
civil penalties of $5,000 for the first violation and $10,000 for the second and subsequent 52
violations of this chapter. 53
54
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 55
act may be cited as the “ Restricting Egregious Scalping Against Live Entertainment (RESALE) 56
Amendment Act of 2025”. 57
Sec. 2. Title 28 of the District of Columbia Official Code is amended as follows: 58
(a) The table of contents is amended by adding a new chapter designation to read as 59
follows: 60
“55. Sale and Resale of Event Tickets.”. 61
(b) A new Chapter 55 is added to read as follows: 62
“CHAPTER 55. SALE AND RESALE OF EVENT TICKETS. 63
“28-5501. Definitions. 64
“28-5502. Ticket disclosure and refund requirements. 65
“28-5503. Prohibition on the sale or offer to sell of speculative tickets. 66
“28-5504. Transferability of tickets. 67
“28-5505. Requirement of reasonable technology for a ticket issuer and secondary ticket 68
exchange. 69
“28-5506. Reseller registration and reporting requirements. 70
“28-5507. Secondary ticket exchange responsibilities. 71
“28-5508. Price cap for tickets on secondary ticket exchange. 72
“28-5509. Rules. 73
“28-5510. Penalties and enforcement. 74
Ҥ 28-5501. Definitions. 75
3
“For the purposes of this chapter, the term: 76
“(1) “Department” means the Department of Licensing and Consumer Protection. 77
“(2) "Resale" means the second or subsequent sale of a ticket by any method, 78
including in-person transactions, telephone, mail, e -mail, facsimile, or electronic means through 79
a website or mobile application. 80
“(3) "Reseller" means a person engaged in the resale of tickets. 81
“(4) "Secondary ticket exchange" means an electronic marketplace that enables a 82
person to sell, purchase, and resell tickets. 83
“(5) "Speculative ticket" means a ticket that is not in the actual or constructive 84
possession of a reseller at the time of listing, sale, or advertisement , including tickets that are not 85
owned by the reseller or not under contract to be transferred to the reseller. 86
“(6) "Ticket" means any form of physical, electronic, or other evidence that grants 87
the possessor of the evidence license to enter a place of entertainment for one or more events at a 88
specified date and time ; provided, that the event is not organized by a professional or 89
intercollegiate sports team located in the District or professional athletic association with an 90
event located in the District. 91
“(7) "Ticket issuer " means a person or their agent who issues tickets for initial 92
sale, including musicians, venues, promoters, theater companies, and marketplaces for initial 93
purchases. 94
Ҥ 28-5502. Ticket disclosure and refund requirements. 95
“(a) The listing for a ticket and each step of a transaction to purchase a ticket shall clearly 96
and conspicuously disclose: 97
“(1) The total price of the ticket, including all fees and taxes other than shipping 98
costs that are not determinable at a step in the transaction; 99
4
“(2) An itemized listing of all charges that comprise the total price of the ticket, 100
including all fees and taxes; and 101
“(3) The seat number, zone, and section, to the extent applicable to the seat and 102
venue. 103
“(b)(1) The total price of a ticket disclosed pursuant to subsection (a) of this section may 104
be increased in a noninitial step of a transaction by the amount of reasonable shipping costs for 105
physically delivered tickets. 106
“(2) The shipping costs allowed under paragraph (1) of this subsection may vary 107
with the consumer’s location relative to the shipment’s location of origin and the delivery 108
method selected by the consumer. 109
“(3) The total price of the ticket, including all fees, taxes, and shipping costs, shall 110
be clearly and conspicuously disclosed prior to final purchase of the ticket. 111
“(c)(1) A ticket issuer, secondary ticket exchange, or reseller directly engaged in a 112
transaction with a consumer shall provide a full refund, including all fees and taxes, if: 113
“(A) The ticket is counterfeit; 114
“(B) The event is canceled; or 115
“(C) The ticket does not conform to the description provided at the time of 116
purchase. 117
“(2) Refunds shall be issued within 10 days of the event’s cancellation or 118
discovery of non-conformance. 119
Ҥ 28-5503. Prohibition on the sale or offer to sell of speculative tickets. 120
“A reseller or a secondary ticket exchange shall not sell or offer to sell speculative 121
tickets, as defined in § 28-5501(4). 122
Ҥ 28-5504. Transferability of tickets. 123
5
“(a) A ticket issuer shall not restrict the transferability of a ticket sold unless the terms 124
and conditions on transferability are clearly and conspicuously disclosed to the consumer prior to 125
purchase and the consumer acknowledges receipt of such disclosure prior to purchase. 126
“(b) A ticket issuer may, subject to applicable District or federal law: 127
“(1) M aintain and enforce policies and conditions or requirements for ticket 128
purchase with respect to conduct, behavior, public health and safety, or age at the venue or event; 129
and 130
“(2) Establish limits on the quantity of tickets that may be purchased. 131
Ҥ 28 -5505. Requirement of reasonable technology for a ticket issuer and secondary 132
ticket exchange. 133
“A ticket issuer, to the extent applicable, and secondary ticket exchange shall implement 134
and maintain reasonable technology to prevent any machine, device, computer program, or 135
computer software, with or without human assistance, from bypassing security measures or 136
access control systems designed to limit the number of tickets that can be purchased by a person 137
on a primary or secondary ticket exchange. 138
Ҥ 28-5506. Reseller registration and reporting requirements. 139
“(a)(1) A reseller that s ells or offers to sell 50 or more tickets in a year shall register 140
annually with the Department before conducting any ticket resale activity. 141
“(2) If a reseller lists a single ticket across multiple platforms, the total number of 142
listings for the ticket shall count toward the registration threshold provided in paragraph (1) of 143
this subsection. 144
“(b) A reseller subject to the requirement imposed in subsection (a) of this section shall 145
provide the following information to the Department at the time of registration: 146
“(1) Full legal name and any aliases or usernames used in the resale of tickets; 147
6
“(2) Contact information, including a physical street address, email address, and 148
phone number; 149
“(3) Social security number and e mployer identification number (“EIN”) and 150
contact information for any employer, if applicable; 151
“(4) All associated entities involved in the resale of tickets; and 152
“(5) Any additional information required by the Department. 153
“(c) All entities under common ownership or control of a person shall be considered one 154
reseller for the purposes of the registration requirements imposed under this section. 155
“(d) A registered reseller shall submit a report every 6 months to the Department 156
containing: 157
“(1) The total number of tickets sold by the reseller; 158
“(2) The original purchase price of each ticket purchased by the reseller; and 159
“(3) The final resale price of each ticket sold by the reseller. 160
“(e)(1) A registered reseller shall maintain a surety bond of no less than $10,000 to 161
ensure compensation to consumers in cases where the reseller fails to deliver purchased tickets or 162
engages in fraudulent activities. 163
“(2) The surety bond shall cover compensation for lost funds by the consumer, 164
including travel expenses incurred by the consumer if the reseller fails to deliver the purchased 165
tickets. 166
“(3) The Department may adjust the surety bond amount for a registered reseller 167
based on the reseller’s sales volume and consumer complaint history. 168
“(4) A registered reseller shall submit evidence of the surety bond to a secondary 169
ticket exchange prior to listing any ticket for resale. 170
7
“(f) The Department may revoke the registration of any registered reseller found to be in 171
violation of this chapter for a period of at least 1 year and not more than 5 years. 172
“(g)(1) The Department shall maintain a list of registered resellers and make the list 173
available to the public via the Department’s website. 174
“(2) The list required pursuant to paragraph (1) of this subsection shall be updated 175
at least once every 30 days and include information on any violations of this chapter within the 176
past 5 years. 177
“(3) The Department shall not publicly disclose information provided by a 178
registered reseller pursuant to subsection (b)(3) of this section. 179
Ҥ 28-5507. Secondary ticket exchange responsibilities. 180
“(a) A secondary ticket exchange shall maintain records of all registered resellers in the 181
District using its platform and verify that each reseller meets the registration and bonding 182
requirements laid out in § 28-5506. 183
“(b) A secondary ticket exchange shall report any unregistered or non -compliant resellers 184
selling or offering to sell tickets to an event being held in the District to the Department. 185
“(c) A secondary ticket exchange shall: 186
“(1) Be responsible for maintaining records of ticket sales on its platform, 187
including the number tickets sold and resale prices; and 188
“(2) Submit a report to the Department every 6 months containing: 189
“(A) The total number of tickets sold by a registered reseller on its 190
platform; 191
“(B) The original purchase price of each ticket purchased by a registered 192
reseller; and 193
“(C) The final resale price of each ticket sold by a registered reseller. 194
8
Ҥ 28-5508. Price cap for tickets on secondary ticket exchange. 195
“(a) A reseller or secondary ticket exchange shall not sell or offer to sell a ticket that 196
exceeds the total price of the initial ticket, including all fees and taxes in connection with the 197
initial ticket, plus up to 10% of the total price of the initial ticket. 198
“(b) A secondary ticket exchange may charge a fee for the service of providing a 199
marketplace for the resale of a ticket; provided, that the fee shall not exceed 10% of the total 200
price of the initial ticket. 201
Ҥ 28-5509. Rules. 202
“The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 203
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2 -501 et seq.), shall issue 204
rules to implement § 28-5506. 205
Ҥ 28-5510. Penalties and enforcement. 206
“(a)(1) A reseller or secondary ticket exchange that violates § 28-5503 or § 28-5508 shall 207
be assessed a civil penalty of: 208
“(A) $5,000 per ticket for the first violation; and 209
“(B) $10,000 per ticket for the second and any subsequent violations. 210
“(2) Any person, where applicable, who violates §§ 28 -5502, 28-5504, 28-5505, 211
28-5506, 28-5507, shall be assessed a civil penalty of: 212
“(A) $5,000 for the first violation; and 213
“(B) $10,000 for the second and any subsequent violations. 214
“(b) The civil penalty imposed pursuant to subsection (a) of this section shall be in 215
addition to the remedies available to the Attorney General pursuant to § 28-3909.”. 216
Sec. 3. Fiscal impact statement. 217
9
The Council adopts the fiscal impact statement in the committee report as the fiscal 218
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 219
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 220
Sec. 4. Effective date. 221
This act shall take effect following approval by the Mayor (or in the event of veto by the 222
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 223
provided in section 602(c)( 1) of the District of Columbia Home Rule Act, approved December 224
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 225