Is it illegal to sell a ticket for more than face value?

In most states, no. It is restricted in Kentucky (unless the issuer authorizes it), Georgia (unless you're a licensed broker or selling a ticket you bought for personal use away from large venues) and Rhode Island (no more than $3 or 10% over). New Jersey, Pennsylvania, North Carolina and South Carolina have price limits for some resale but exempt most online resale. Some states only ban above-face resale at or near the venue, and from 1 January 2027 Washington, DC caps resale for concerts and theater.

Is ticket scalping illegal in New York?

No. New York has no resale price cap. Resellers need a license from the Department of State (platforms that only connect buyers and sellers are exempt), resale is restricted within 1,500 feet of venues with more than 5,000 seats, prices must include all fees before a ticket is selected, and paperless tickets must also be offered in a transferable form. These rules are in Article 25 of the Arts and Cultural Affairs Law, which currently runs to 30 June 2027.

Is ticket scalping illegal in California?

No. California has no general resale price cap; a proposed 10% cap (AB 1720) did not become law. Reselling above the ticket price on the event's grounds without the venue's permission is a misdemeanor. AB 1349, signed in September 2026, bans selling tickets the seller doesn't have, bans ticket bots and bans websites that pose as the official seller.

Is ticket scalping illegal in Texas or Florida?

No. Texas has no state resale price cap, though some cities restrict resale on city or venue property, and state law bans ticket bots and misleading website addresses. Florida allows online resale at any price through a site the original seller authorizes or one that guarantees refunds and says it isn't the issuer. Reselling on event property needs the owner's written consent, and some other resale is limited to $1 over the ticket price.

What is the BOTS Act?

The Better Online Ticket Sales Act of 2016 is a federal law that bans getting around a ticket seller's purchase limits, queues or other controls, and selling tickets obtained that way. The FTC enforces it, with civil penalties of more than $50,000 per violation, and has brought several cases against ticket brokers since 2021, including a lawsuit against Live Nation and Ticketmaster in September 2025.

Do resale ticket prices have to include fees?

Yes. The FTC's rule on unfair or deceptive fees, in force since 12 May 2025, requires any advertised price for a live-event ticket, including a resale listing, to show the total price with all mandatory fees, more prominently than other pricing. Many states have their own all-in pricing laws as well.

Can an event organizer stop fans from reselling tickets?

In most states, organizers can set resale terms in their ticket conditions. Colorado, Connecticut, New York, Utah and Virginia protect a buyer's right to transfer or resell, so venues there generally can't refuse entry just because a ticket was resold, and Illinois voids resale limits for tickets resold through registered brokers and websites.

Guide · United States · 2026

Is ticket scalping illegal? US laws by state

Q: Is ticket scalping illegal in the US?

Mostly no. There is no federal limit on resale prices, and most states let you resell a ticket for more than you paid. A few states limit resale prices: Kentucky bans resale above the printed price unless the issuer allows it, Rhode Island caps the markup at $3 or 10%, and Georgia limits resale by anyone who isn't a licensed broker. Several more ban resale above face value near venues or for certain events. Federal law does ban using bots or other tricks to get around ticket purchase limits.

Ticket scalping is legal in most of the US. There's no federal limit on resale prices, and most states let you resell a ticket for more than you paid. A handful of states cap resale prices or ban resale near venues, and federal law bans using bots to get around purchase limits. Here's what applies where.

Federal and state laws checked 18 October 2026

Reviewed by Crawford Sudarshan, Co-Founder & COO, Tickify · Updated October 2026

This is general information, not legal advice. Laws change, cities can add their own rules, and how a law applies depends on the event and the ticket's terms. Check the official sources linked below, or get legal advice for your situation.

Is ticket scalping illegal in the US?

Not as a rule. Reselling a ticket for more than face value is legal under federal law and in most states. Only a few states limit resale prices in general: Kentucky bans resale above the printed price unless the issuer authorizes it, Rhode Island caps the markup at $3 or 10%, and Georgia limits resale by anyone who isn't a licensed broker. From 1 January 2027, Washington, DC caps resale for concerts and theater.

Many other states have narrower rules: price limits that don't apply to online resale, bans on resale near the venue, or limits for particular venues or events. And everywhere, it's illegal to use bots to get around a ticket seller's purchase limits, and businesses selling or reselling tickets must show the full price including fees.

Federal law

No federal price cap. No federal law limits how much a ticket can be resold for.
The BOTS Act bans getting around purchase limits. The Better Online Ticket Sales Act of 2016 makes it illegal to get around a ticket seller's purchase limits, queues or other controls, and to sell tickets obtained that way. The FTC enforces it with civil penalties of more than $50,000 per violation. It has brought cases against brokers since 2021, sued Live Nation and Ticketmaster in September 2025, and sued a broker accused of buying more than 18 million tickets in October 2026.
Prices must include all fees. Since 12 May 2025, the FTC's rule on unfair or deceptive fees requires any advertised price for a live-event ticket, including resale listings, to show the total price with all mandatory fees, more prominently than other pricing. StubHub agreed to refund $10 million under the rule in April 2026.
The TICKET Act isn't law yet. It passed the House in April 2025 and would ban selling tickets the seller doesn't have, but as of October 2026 it is still waiting on the Senate.

States that limit resale prices

General limits: Kentucky (face value unless the issuer authorizes more), Rhode Island (up to $3 or 10% over, online too), Georgia (face value except licensed brokers and personal-use resale away from large venues) and Washington, DC (concerts and theater, from 2027).
Limits that exempt most online resale: New Jersey, Pennsylvania, North Carolina, South Carolina, Florida and Illinois cap some resale but allow online resale above face value through registered or refund-guaranteed sellers and sites.
Specific venues or events only: Vermont (small independent and community venues, until July 2028), Mississippi and New Mexico (college sports and, in Mississippi, events on state property), Delaware (two named venues), Wisconsin (State Fair Park).
Near the venue only: Arizona (200 feet), Connecticut (1,500 feet on event day) and California (on event grounds without permission). Many cities have their own rules too.
Caps repealed: Arkansas (2023), Louisiana (2022) and Michigan (2020) dropped their face-value limits. Proposed caps in California, Massachusetts, Washington and Oklahoma have not become law.

Other rules that are spreading

Selling tickets you don't have ("speculative" tickets): banned in Arizona, California, Illinois, Maine, Maryland, Minnesota, Nevada, North Carolina, Oregon and Vermont, and in DC from 2027. New Jersey, New York and Tennessee allow it only with clear disclosure.
All-in pricing: on top of the federal rule, Colorado, Connecticut, Hawaii, Maine, Maryland, Minnesota, Nevada, New York, North Carolina and Tennessee require ticket prices to include fees.
The right to resell: Colorado, Connecticut, New York, Utah and Virginia protect a buyer's right to transfer or resell a ticket, and generally stop venues refusing entry because a ticket was resold.
Licenses: New York, Massachusetts and Georgia license resellers, and DC will from 2027 for anyone listing more than 50 tickets a year.

Ticket resale laws by state

State	Resale price limit	Other rules
Alabama	No cap; resale above face value is allowed	In-person resellers pay a state license tax; online resale is exempt
Alaska	No cap	No state ticket resale law found
Arizona	No cap, except above face value within 200 feet of a venue	Bots banned; selling tickets you don't have banned; seat details required
Arkansas	No cap (repealed in 2023)	Cities can't cap prices; bots banned; refund guarantee required
California	No cap, except above face value on event grounds without permission	From AB 1349 (2026): bots, selling tickets you don't have, and look-alike official sites banned
Colorado	No cap	Right to resell protected; all-in pricing; refund guarantee; look-alike sites banned
Connecticut	No cap, except above face value within 1,500 feet on event day	Transferable option required; all-in pricing; bots banned; refunds
Delaware	No cap, except above face value at two named venues and on highways	Applies around University of Delaware's Bob Carpenter Center and Dover NASCAR races
District of Columbia	From 1 Jan 2027: 10% over the original all-in price, plus a fee of up to 10%	Concerts and theater (not sports or film); selling tickets you don't have banned; all-in pricing; license and bond for 50+ listings a year; being challenged in court
Florida	No cap online through authorized or refund-guaranteed sites; $1 over for some other sales	Resale on event property needs the owner's consent; bots banned
Georgia	Face value, except licensed brokers and personal-use resale away from large venues	Broker license; brokers barred within 1,500 to 2,700 feet of venues
Hawaii	No cap	All-in pricing law signed July 2026; brokers must disclose fees
Idaho	No cap	No state ticket resale law found
Illinois	Face value, unless sold through a registered broker or registered resale website	Most online resale goes through exempt channels; selling tickets you don't have banned (2026)
Indiana	No cap	No state ticket resale law found
Iowa	No cap	Bots banned (2025)
Kansas	No cap	No state ticket resale law found
Kentucky	Face value, unless the issuer authorizes more	Applies to online resale too
Louisiana	No cap (repealed in 2022)	Online resale sites must guarantee refunds
Maine	No resale price cap; marketplace fees capped at 10% of the original price	All-in pricing; selling tickets you don't have banned; bots banned; refunds
Maryland	No cap	All-in pricing; selling tickets you don't have banned; refunds
Massachusetts	Resellers need a state license; older law limited licensed resellers to $2 over face value, and a 110% cap has been proposed but not passed	License also needed to run a resale platform; refunds required
Michigan	No cap (repealed in 2020)	Bots banned
Minnesota	No cap	All-in pricing; selling tickets you don't have banned; bots banned
Mississippi	Face value for state college sports and events on state property	No general cap
Missouri	No cap	Cities and counties can't ban resale at any price
Montana	No cap	No state ticket resale law found
Nebraska	No state cap	Some city rules apply
Nevada	No cap	All-in pricing and refunds (2025); selling tickets you don't have banned; bots banned
New Hampshire	No cap	No state ticket resale law found
New Jersey	Greater of 20% or $3 over for most resellers; online resale by individuals exempt	Broker registration; resale near venues banned; bots banned
New Mexico	Face value for college sports only	No general cap
New York	No cap	Reseller license; all-in pricing; transferable option required; resale near venues restricted; bots banned
North Carolina	Face value plus $3, but online resale above face is allowed with a refund guarantee	From 1 Oct 2026: all-in pricing; selling tickets you don't have banned; bots banned
North Dakota	No cap	No state ticket resale law found
Ohio	No state cap	Cities and townships may regulate
Oklahoma	No state cap	Bots banned
Oregon	No cap	Bots and look-alike sites banned; selling tickets you don't have banned (2026)
Pennsylvania	Licensed in-person resale up to 25% or $5 over; online resale exempt	Online sellers need a Pennsylvania presence and a refund guarantee; bots banned
Rhode Island	Ticket price plus up to $3 or 10%, whichever is greater	Applies online; the venue can authorize more in writing
South Carolina	$1 over, but online resale with a refund guarantee is exempt	Buying over purchase limits to resell is banned
South Dakota	No state cap	Some city rules apply
Tennessee	No cap	All-in pricing; tickets you don't have only with disclosure; refunds
Texas	No state cap	Bots and misleading website addresses banned; some city rules
Utah	No cap	Right to transfer protected; fees itemized; bots banned; refunds
Vermont	110% of the original all-in price at small independent, community and amateur-sport venues (until July 2028)	Selling tickets you don't have banned for all events
Virginia	No cap	Right to resell protected; cities may ban in-person resale but not online
Washington	No cap	Bots banned
West Virginia	No state cap	Some city rules apply
Wisconsin	Face value for State Fair Park events only	Some city rules apply
Wyoming	No cap	No state law; bills being drafted in 2026

"No cap" means no general statewide limit on resale prices; city rules may still apply. The federal BOTS Act and the FTC's all-in pricing rule apply in every state.

What it means for you

If you're buying or selling a ticket

Use the event's official resale option where there is one.
Compare the all-in price with the original price before you buy.
Pay by credit card so you can dispute the charge if a ticket is fake or refused.
Don't buy a ticket the seller can't show they already have.

If you're an organizer

Show the full price, fees included, wherever your ticket price appears.
In most states you can set resale terms in your ticket conditions, but not in states that protect resale, such as Colorado and New York.
Set purchase limits; getting around them with bots is a federal offense.
An official, capped resale option keeps fans away from fake tickets and inflated prices.

Coming soon on Tickify

Fair resale that pays the organizer

Organizers switch resale on or off for each event.
Every resale is capped, and the buyer's all-in price, fees included, never goes over the cap. The cap follows the event's local law, and is lower where the law requires.
Sellers get exactly their listing price, with no seller fee.
Organizers earn up to 5% on every resale at or above face value, instead of losing that premium to scalpers.
The resold ticket's dynamic QR code moves to the buyer, so only one person can ever get in.

Start selling with Tickify Compare ticketing fees

Frequently asked questions

Sources

Checked against official federal and state sources on 18 October 2026. The main statutes are listed; city ordinances are not.

Selling in Australia? See ticket resale laws in Australia.