TM Subject To Ark. Ticket Law

A recent decision from the Arkansas Supreme Court could make ticket sales a little trickier for Ticketmaster.

Justices ruled the state’s Deceptive Trade Practices Act does apply to the company, which could put a damper on the facility and convenience fees that TM so often tacks onto tickets.

Corey McMillan sued Ticketmaster and Live Nation last year after he bought four tickets to see Jason Aldean at Verizon Arena in North Little Rock and was irked by ticket fees. His attorneys claimed the fees violated the trade practices law and a lower-court judge sought advice on the matter.

TM argued in court that the law, which says it’s unlawful for “any person, corporation, firm, or partnership” to sell tickets above the advertised price, focused on ticket scalping and did not apply to a primary ticketing company. The company also said that because it was an agent of Verizon Arena, its price was the “box office sale price.”

Justices disagreed.

“The statute is specifically applicable to “‘any person, corporation, firm, or partnership’ and does not exclude exclusive ticket agents,” Justice Karen Baker wrote.

“Thus, it is applicable to exclusive agents of a public facility who sell music entertainment tickets that include in the price of the ticket additional fees, resulting in the price of the ticket being more than the face value and advertised price of the ticket, unless those fees are a reasonable charge for handling or credit card use.”

Justices did not offer an opinion as to whether TM’s additional fees or charges constitute a violation of the state law.
Following the decision, Verizon Arena advertised “there will be no additional Ticketmaster fees” for an upcoming Lady Antebellum concert.

Todd Turner, an attorney for McMillan, told ArkansasNews.com he was pleased the advertised price would be the price customers pay.

“I think that’s a fair way to do it, and I think that’s what they should have been doing all along,” he said.

The Supreme Court decision doesn’t necessarily mean anything for McMillan’s federal suit against TM. He is seeking class-action status in that case.