Ticket resale laws by state 2026 are shifting fast: resale is broadly legal across the U.S., but a growing number of states now cap how much above face value a ticket can be resold for, and nearly every state has rules about where and how tickets can be resold. Quick summary:
- Price caps are new and spreading. Maine (10% cap, effective Sept 2025), Vermont (110% of face value, effective July 1, 2026), and North Carolina (20% markup cap, effective Oct 6, 2026) now limit resale markups statewide.
- Most states have no price cap but regulate resale near venues (no above-face sales within a set distance), require broker licenses, or mandate refund guarantees and all-in price disclosure.
- Federal law bans ticket bots (the BOTS Act) but doesn’t cap resale prices; a federal TICKET Act with all-in pricing rules is still pending in the Senate.
Laws change and local ordinances can add restrictions on top of state rules — this is a guide, not legal advice. When in doubt, check your state attorney general’s office.
The Federal Backdrop: What National Law Says
There is no federal price cap on ticket resale. What exists at the federal level:
- The BOTS Act (Better Online Ticket Sales Act) prohibits using bots or software to bypass ticket-purchase limits. It targets the automated buying side, not resale pricing. Read our full guide to how the BOTS Act fights ticket bots.
- The TICKET Act — which would mandate all-in pricing and ban speculative ticket listings (selling tickets the seller doesn’t actually have) — remains under consideration in the U.S. Senate, with industry groups pushing to add a resale price cap.
- In March 2025, the president signed an executive order targeting ticket scalping and hidden fees in live entertainment, and Live Nation itself proposed a 20% resale price cap to the administration.
Everything else is state law — which is where the real variation lives. For a look at how another country handles this, see Japan’s rules on scalping concert tickets.
States With Resale Price Caps in 2026
These states limit how far above the original price a ticket can be resold. This is the fastest-moving area of ticket law:
| State | The rule | Status |
|---|---|---|
| Maine | Resale marketplace markups capped at 10% above the original total price; bans speculative ticket listings, bots, and deceptive resale websites; full all-in price transparency; violations treated as unfair trade practices with penalties up to $10,000 per infraction (L.D. 913) | In effect since Sept 2025; championed by the National Independent Venue Association as a national model |
| Vermont | Resale capped at 110% of the original price; bans speculative tickets and deceptive resale websites; designed to protect independent venues of 3,000 seats or fewer (H.512 / Act 109, backed by Noah Kahan) | Signed May 2026; in effect since July 1, 2026 |
| North Carolina | 20% cap on resale markups and 10% cap on fees; bans speculative tickets, deceptive URLs, and ticket bots; strict all-in pricing transparency (SB 849, “Real Tickets, Real Fans Act”) | Passed July 2026; takes effect Oct 6, 2026 |
| Massachusetts | Licensed resellers may not sell for more than $2 above the printed price (plus service charges); amended in 2024 to add refund guarantees and fee disclosure (ch. 140, § 185D) | On the books, though enforcement against modern online resale is limited |
| Rhode Island | Resellers need a license; resale capped at $3 above face value plus legitimate service charges (§ 5-22-26); the attorney general can revoke licenses for violations | Current law |
| District of Columbia | High-volume resellers moving 50+ tickets per year must register with the district and hold a $25,000 surety bond | New requirement; online resale otherwise permitted |
Watch list: California advanced AB 1349 (banning speculative sales by sellers who don’t possess the ticket) while a 10% markup cap bill (AB 1720) was shelved; New York lawmakers have debated proposals ranging from a no-markup cap to the existing licensing regime. Treat these as proposals, not law, until passed.
States Restricting Scalping Near Venues
A classic approach: resale is legal online and offsite, but selling above face value at or near the venue is restricted. If you’re buying from someone outside the arena, these are the rules in play:
| State | The rule |
|---|---|
| Texas | Class B misdemeanor to sell above face value on venue premises or within 1,000 feet of the entrance while the event is in progress; offsite and online resale is legal (Penal Code § 165.08) |
| Georgia | Only licensed ticket brokers may resell above face value; no broker sales within 1,500 feet of venues seating 15,000+ (§ 43-4B-25, § 43-4B-28) |
| Arizona | Petty offense to sell above face value (plus taxes/fees) within 200 feet of a venue; no cap outside that zone (§ 13-3718) |
| South Carolina | No resale more than $1 above face value within 500 feet of a sports or entertainment venue without the owner’s written permission; resellers must display a permit (§ 16-17-710) |
| Tennessee | Prohibits selling above face value on venue property without permission; online resale generally permitted (§ 39-17-1105) |
| Florida | No resale on venue property without the owner’s consent; resellers must guarantee refunds if the event is cancelled or tickets are counterfeit (§ 817.36) |
| Indiana | No above-face resale on venue property without the venue’s consent; offsite resale unrestricted (§ 24-4-21-2) |
| Nevada | Ticket brokers need a resale license and must refund cancelled events; no sales within 500 feet of a venue without consent (NRS 597.944–597.947) |
| Nebraska | No above-face sales within a set radius of the venue entrance; no cap beyond it (§ 25-21,254) |
| New Hampshire | No resale above the advance price at city- or town-owned venues (§ 39:12) |
| Kentucky | Illegal to resell above face value unless you’re an official ticket agent or licensed broker — violations are class-B misdemeanors (§ 518.070) |
| Louisiana | Ticket price must be printed on the ticket and exceeding it is restricted — but there’s a broad internet exception: online resale at any price is allowed with a displayed refund guarantee (§ 4:1) |
| Arkansas | No above-face resale for high-school/college athletic or charitable events only; no statewide restriction on other events (§ 5-63-201) |
States Focused on Licensing, Disclosure, and Refund Guarantees
These states don’t cap prices but regulate how resale happens — and these protections matter to buyers:
- New York — one of the most comprehensive regimes: resellers (“ticket brokers”) must be licensed, bots are prohibited, no resale within 1,500 feet of venues, total prices and seat locations must be disclosed, refund guarantees are mandatory for cancelled events or undelivered tickets, speculative listings are banned, and venues can’t restrict resale (Arts & Cultural Affairs Law §§ 25.30–25.34).
- New Jersey — brokers must be licensed with price disclosure and refund obligations; price caps were repealed in 2010 (§ 56:8-26).
- Illinois — brokers must be licensed and refund the purchase price if the event is cancelled, the ticket fails to grant admission, or isn’t delivered; no statewide price cap (Ticket Sale and Resale Act).
- Connecticut — anyone reselling online above face value must provide a refund guarantee for cancellations, denied admission, or non-delivery (§ 53-289c).
- Colorado — venues cannot deny you entry just because you bought from a reseller, and resellers must guarantee refunds for cancelled events (§ 6-1-208, updated 2023).
- Maryland — resellers must disclose the total price including all fees and taxes and provide refund guarantees; no price cap (§ 17-1206).
- Minnesota — resellers and marketplaces must disclose seat location, price, and refund policy, and can’t sell more than one copy of the same ticket (§ 325E.53).
States With No Statewide Restrictions
In most remaining states, resale is legal with no statewide price cap or licensing requirement — though cities and venues can still impose local rules (Chicago, Philadelphia, and many college towns have their own ordinances). Notable examples:
- California — no statewide price cap; disclosure and refund-guarantee rules apply (Civil Code § 1739.1), with new bills advancing in 2026.
- Alabama — repealed its anti-scalping law in 2009; resale at any price is expressly permitted (§ 8-19E-2).
- Michigan — repealed its anti-scalping statute in 2014; no statewide cap.
- Alaska, Delaware, Hawaii, Idaho, Iowa, Kansas, Mississippi, Missouri, Montana, New Mexico, South Dakota and others have no statewide scalping statute at all.
What This Means for You as a Ticket Buyer
- Buying above face value is legal in most of the country — the question is usually how much above face, and where the transaction happens. Online resale from your couch is legal nearly everywhere.
- If you’re in Maine, Vermont, or North Carolina, new caps mean listings above the legal markup shouldn’t exist on compliant platforms — flag anything that looks inflated.
- Buying outside a venue? In states like Texas, Georgia, and South Carolina, that person may be breaking the law if they’re charging over face — and you’re taking on the risk of a voided or fake ticket. Use a marketplace with buyer guarantees instead.
- Refund guarantees are your safety net. In New York, Illinois, Connecticut, Colorado, Maryland, and several other states, resellers are legally required to refund you if the event is cancelled or the ticket doesn’t get you in — know this before you accept “no refunds” from a seller.
- Watch for speculative listings. Bans on selling tickets the seller doesn’t actually possess are spreading (Maine, Vermont, North Carolina, New York, California’s proposed AB 1349). If a listing can’t confirm the actual seats, be cautious.
FAQs
Is ticket scalping illegal in the US?
Generally no — resale is legal in most states. What’s restricted varies: a few states cap resale prices (Maine, Vermont, North Carolina), many restrict above-face sales near venues, and several require broker licenses or refund guarantees. Federal law bans ticket bots but doesn’t cap resale prices.
Which states have ticket resale price caps in 2026?
Maine caps marketplace markups at 10% above the original total price (in effect since Sept 2025), Vermont caps resale at 110% of the original price (in effect since July 1, 2026), and North Carolina caps resale markups at 20% with fees capped at 10% (takes effect Oct 6, 2026). Massachusetts and Rhode Island have older per-ticket caps on the books.
Is it illegal to resell tickets above face value in Texas?
Only near the venue: Texas makes it a Class B misdemeanor to sell a ticket above face value on the premises or within 1,000 feet of the venue entrance while the event is in progress. Offsite and online resale at any price is legal.
Can a venue refuse entry if I bought a resold ticket?
In Colorado, no — state law prohibits operators from denying entry solely because a ticket was purchased from a reseller. Elsewhere, check the venue’s terms; most major venues accept valid resale tickets, but some artist- or team-specific restrictions exist.
What is the BOTS Act?
The Better Online Ticket Sales Act is the federal law prohibiting the use of bots or software to bypass ticket-purchase limits. It targets automated bulk-buying, not resale pricing. See our full BOTS Act explainer.
Do I get a refund if a resold event is cancelled?
Often yes — New York, Illinois, Connecticut, Colorado, Maryland, Nevada, and Florida are among the states requiring resellers or marketplaces to guarantee refunds for cancelled events. Major marketplaces also offer their own buyer guarantees regardless of state law.
Are ticket resale laws the same in every state?
No — that’s the whole point of this guide. Resale is primarily regulated at the state level, and rules range from strict price caps to no restrictions at all. Always check the specific state where the event takes place, since that’s usually the law that applies.
