U.S. House Passes TICKET Act Again; Spec Ticketing ‘Loophole’ Draws Concern

The United States House of Representatives once again passed the TICKET Act aimed at reforming the ticketing industry, but the latest version has drawn criticism due to a “loophole” around its speculative ticketing ban.

The House voted 409-15 April 29 to pass the bill, sponsored by Florida Republican Rep. Gus Bilirakis. The version is similar — but not identical — to the version pass similarly overwhelmingly by the House in 2024.

The bill requires all-in pricing throughout the buying process, included an itemized list of all fees, and for secondary ticketers to disclose that they are, in fact, secondary ticketers. It bars secondary sellers from intimating they are affiliated with the performer or venue and prohibits the use of venue names in secondary ticketing website URLs (including misspellings). It further sets refund or replacement requirements for cancelled performances, applicable to both primary and secondary sellers. The bill also calls for a report from the Federal Trade Commission on the enforcement of the BOTS Act.

The major sticking point comes in the bill’s purported ban on speculative ticketing. As passed, the bill does indeed bar the selling of tickets that the seller does not yet own; however, the bill specifically permits the offering of a “service” to acquire tickets not yet on sale. Vivid Seats, for example, offers “Seat Saver,” which it advertises as a sort of concierge for yet-to-be-on-sale tickets for high-demand events.

“Unfortunately the inclusion of a ‘concierge service’ carveout, as written in the TICKET Act, would undermine the speculative ticket ban. Concierge services should not be a loophole for companies like Vivid Seats to claim they are offering a service while selling ‘tickets’ they don’t possess to unsuspecting fans. States across the country have proven that strong, loophole-free ticketing consumer protections work, and Congress should build on that momentum. The White House Executive Order on Combating Unfair Practices in the Live Entertainment Market also made clear that deceptive practices must be fixed, not rebranded,” National Independent Venue Association executive director Stephen Parker said in a statement.

The National Independent Talent Organization also criticized the bill, urging the Senate to close the loophole and require even more disclosure in pricing,.

“The Ticket Act that just passed the House does not do nearly enough to protect fans and consumers against bad actors,” NITO’s statement reads. “Vivid Seats spec ticket ‘seat saver; program is still 100% legal. All-In pricing without itemization means fans won’t know the price the artist sets. Bots will continue to run rampant without stronger enforcement mechanisms,”

The Senate version, sponsored by Sen. Eric Schmitt Cruz (R-MO), is virtually identical with the only major difference being it lacks the ban on secondary ticketers using venue names in a URL. The spec ticketing section includes the same carveout that’s drawn criticism. The Senate version was placed on the calendar Tuesday but is not yet set for a vote.