Ticket Price Transparency

Full Title:
HOLDBACKS Act

Summary#

This bill would require primary ticket sellers to disclose how many events and tickets they will offer and the full ticket price before tickets go on sale. It would also ban withholding tickets or hiding availability to raise prices or mislead buyers. The Federal Trade Commission (FTC) would enforce these rules, and state attorneys general could still bring cases under state law.

  • Require disclosure at least 7 days before tickets go on sale of:
    • the total number of scheduled occurrences (shows) to be offered to the public;
    • the total number of tickets to be offered for each occurrence; and
    • the total cost of an individual ticket (base price plus all fees and taxes).
  • Prohibit a primary ticket seller from withholding tickets to inflate prices or from hiding the number of tickets available after the initial public offering begins.
  • Treat violations as unfair or deceptive acts under the FTC Act, giving the FTC the same powers and penalties it already has.
  • Preserve state authority for attorneys general to investigate or sue under state law.
  • Definitions clarify who counts as a primary ticket seller (venues, teams, event managers, ticketing service providers or their agents) and include bundled series tickets; an exception applies to certain sporting events with uncertain schedule length.

What it means for you#

  • Eventgoers / Ticket buyers

    • You would likely see the total number of shows, number of tickets per show, and the full ticket price (including fees and taxes) published at least 7 days before tickets are sold.
    • You may be less likely to see artificial “low inventory” messages from primary sellers if those messages are based on withheld tickets.
  • Venues, teams, promoters, and ticketing platforms

    • Must post clear information about occurrences, ticket counts, and full ticket costs on their websites and at venue box offices in advance of sales.
    • Cannot withhold tickets from the public to try to raise price signals or conceal availability after the initial sale starts. (How to prove intent could affect enforcement; see Unclear points.)
  • Secondary ticket sellers / resellers

    • The bill targets primary sales. It does not clearly change rules that apply to resale markets (secondary ticket platforms).
  • State attorneys general

    • Retain the ability to investigate and enforce state laws in addition to the FTC’s federal enforcement.

Expenses#

No publicly available information.

  • The bill does not include a fiscal note or cost estimate in the provided material.
  • Likely fiscal effects could include FTC enforcement costs and possible agency rulemaking costs. Those are not quantified here.
  • Businesses that sell primary tickets may face compliance costs to change websites, box-office displays, and internal reporting systems.
  • Possible legal costs for defending enforcement actions or adapting contract and pricing practices.

Proponents' View#

  • The bill appears intended to increase transparency in primary ticket sales so buyers know how many shows and tickets exist and what the true total ticket cost will be.
  • A possible argument for the bill is that clear, upfront information could reduce misleading scarcity tactics and help consumers compare prices more fairly.
  • Requiring disclosure of the total ticket cost (fees and taxes included) could improve price clarity and reduce surprise charges at checkout.
  • Treating violations as unfair or deceptive practices gives the FTC an existing enforcement path, which could speed up enforcement.

Opponents' View#

  • One concern is that the bill does not explain how regulators will prove that a seller withheld tickets “for the purpose” of inflating prices; proving intent can be difficult.
  • The requirements could impose compliance and technology costs on venues and ticketing platforms to track and publish counts and fees.
  • The bill does not clearly address dynamic pricing (changing prices based on demand) except to ban withholding for price inflation, so businesses may be uncertain which pricing practices are allowed.
  • The exception for some sporting events could create confusion about which events must comply and when.
  • Because the bill targets primary sellers, activity could shift to secondary resale markets instead, which the bill does not regulate.
  • It is unclear whether routinely reserved inventory (for sponsors, artists, or promotions) is covered or how those practices should be reported.