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    4. Executive Order targets unfair ticketing practices in live entertainment

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    Executive Order targets unfair ticketing practices in live entertainment

    April 11, 2025

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    By Farrah Usmani

    The EO directs federal agencies to address concerns in the live event ticketing industry in response to sustained public and legislative interest in ticketing practices.

    President Trump recently issued an executive order directing multiple federal agencies to examine and address concerns about the live event ticketing industry. The order outlines actions intended to strengthen enforcement of existing laws, improve price transparency, evaluate tax compliance by ticket resellers, and scrutinize potential anticompetitive conduct. It also launches a 180-day regulatory review of current legal and enforcement frameworks.

    This move follows sustained public and legislative interest in ticketing practices, including concerns about pricing opacity, automated ticket scalping, and market concentration.

    Key directives in the executive order

    ENFORCEMENT OF THE BOTS ACT

    The Federal Trade Commission (FTC) is tasked with enforcing the Better Online Ticket Sales (BOTS) Act, which prohibits the use of bots to purchase large quantities of tickets. The order encourages coordination between federal and state regulators to enhance enforcement across jurisdictions.

    MANDATED PRICE TRANSPARENCY

    The FTC is also directed to require clear and upfront disclosure of ticket prices, including all mandatory fees, for both primary and secondary sales platforms, during all stages of the purchasing process.

    REVIEW OF COMPETITIVE PRACTICES

    The Department of Justice (DOJ) and the FTC are instructed to examine whether companies in the ticketing ecosystem are engaging in anticompetitive behavior. 

    TAX COMPLIANCE OVERSIGHT

    The Treasury Department and DOJ are directed to evaluate whether ticket resellers are complying with federal tax laws. 

    180-DAY LEGAL AND REGULATORY REVIEW

    Federal agencies are given six months to assess whether current consumer protection and competition laws are adequate to address the identified concerns.

    The evolution of live event ticketing reform

    This executive order follows a wave of interest from lawmakers, industry stakeholders, and consumer advocates seeking reform in the live event ticketing space. One notable effort, the “Fix the Tix” initiative launched in 2023 by the National Independent Venue Association (NIVA) and a coalition of other industry stakeholders, including independent promoters, venues, artists, and advocacy groups, to propose solutions for ticketing reform. The coalition has called for improvements in fee transparency, fair access to tickets, and stronger enforcement against bot-driven scalping.

    Several states have also pursued legislation to regulate fees and require greater transparency from ticketing platforms. At the federal level, bipartisan bills addressing deceptive practices in ticket sales have been introduced in recent congressional sessions, reflecting growing consensus on the need for reform.

    The executive order represents a formal federal response to these ongoing issues and signals potential regulatory changes for companies across the live entertainment and ticketing industries.

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    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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