TTSA Endorses Legislation to Ban Hidden Fees

Austin, TX – Today, the Texas Ticket Sellers Association (TTSA) announced its endorsement of HB 3621 introduced by Representative Ben Bumgarner and SB 1820 introduced by Senator Nathan Johnson. The bipartisan bills would protect Texans’ personal property rights over their purchased tickets and protect the free market for ticket sales in the state while improving transparency and requiring all-in pricing. The TTSA also praises the bill sponsors for introducing legislation that complements and does not in any way interfere with Texas Attorney General Paxton’s landmark anti monopoly lawsuit against Live Nation/Ticketmaster, along with 39 other state attorneys general and the U.S. Department of Justice.

“As a 50-year Texan whose company proudly helps fans access the tickets they want, often at a better price than the box office, none of us want to see a big California monopoly gain even more control over consumers and live events in our state by telling fans what they can and cannot do with tickets they purchased with their hard-earned money,” said Steve Parry, President of Dallas-based Golden Tickets, a member of the Texas Ticket Sellers Association. “I applaud the commonsense legislation introduced by Senator Johnson and Representative Bumgarner as everything in this legislation is for the sake of consumers. If this legislation becomes law, it will make it easier for everyone in Texas to shop for, sell, or even just accept tickets from a friend or another ticket holder. That’s how it should be, so our association of Texas businesses endorses these bills and looks forward to helping the bipartisan team in the Capitol to get them passed into law.”

Ticketmaster currently controls over 70% of the ticketing market nationwide and is being sued by Texas Attorney General Ken Paxton along with 39 other state attorneys general and the United States Department of Justice for its anti competitive practices. The lawsuit against the California-based concert promotion, artist management, venue ownership/management, and ticketing behemoth has been called a “slam dunk antitrust case for regulators” by NetChoice, which also says “We have seen Ticketmaster pressuring artists and venues to use their system, withholding thousands of tickets from sale to the general public, and helping ticket speculators circumvent anti-bot protections. At the same time, consumers can’t get access to tickets, and prices have continued to skyrocket—a clear example of consumer harm.”

A protected but free market allows Texas ticket buyers to comparison shop between companies that sell tickets, which can provide substantial savings. According to a report from Protect Ticket Rights, ticket buyers in Texas saved over $35 million in 2023 by buying tickets from the secondary resale market, which in many cases were lower the prices offered by the primary seller or venue box office. The report analyzed data from more than 600,000 ticket sales on ticket marketplaces that offer tickets to events in Texas.

Ticket transferability was for many years a foregone presumption, until, as detailed in the complaint against Live Nation/Ticketmaster, the company allegedly began using its ticket technology to restrict transferability to foreclose competition from other ticket sellers. If a digital ticket is held captive in Ticketmaster’s app and the company can block a ticketholder’s ability to freely transfer it, consumers will have a more difficult time or potentially a smaller inventory of tickets from which to purchase when comparison shipping. This matters because, for example, if a fan is going to see a sports game, but a star player is injured or the team’s winning streak slumps, that fan should maintain the freedom to buy discounted tickets that reflect true market value from a ticketholder reselling their tickets on a resale marketplace or through a Texas-based ticket seller if such offers are available, instead of only buying from Ticketmaster, as the team’s official box office ticketer. If the original ticketholder already paid the team or box office its full initial price, then he or she should not worry about selling it for half price if he or she is willing to accept such a discounted price. The buyer of that resold ticket should also not fear that the ticket will be rejected for the sake of it being resold. HB 3621 and SB 1820 will protect ticketholders by prohibiting venues from discriminating against ticketholders for using a resold ticket, and it will expressly protect Texans’ freedom to transfer their purchased tickets however they wish.

Many fans have complained about hidden fees associated with ticketing, as the first price they see is not the final price by the time they reach the check out and payment screen. This makes it frustrating for consumers to quickly comparison shop across a variety of sellers when buying tickets for themselves or a group. HB 3621 and SB 1820 will require upfront, all-in pricing where the first price consumers see is inclusive of fees they will need to pay, aside from state and local taxes, which would be added at check out. If a seller is charging convenience, shipping, processing, venue or any other fees, they will be required by law to include those in the upfront price.

HB 3621 and SB 1820 is aimed at the biggest, most popular concerts and events in the Lone Star State, and exempt smaller venues with a seating capacity under 200, tickets sold by nonprofits, colleges, and charitable tickets offered at no cost.

HB3621/SB1820 will:
• Require transparent All-In, Upfront pricing – no more hidden fee surprises at check out, the first price consumers see is the final price, before taxes.
• Ban companies from changing the price of the ticket once a consumer adds the ticket to their shopping cart – no more dynamically priced tickets that jump up price while you are trying to buy them.
• Restrict the resale of charitable tickets that were initially offered for free
• Protects the rights of Texans to freely use, sell, or give away purchased tickets by codifying their right to transfer their tickets to someone else, if they choose to, on their own terms.
• Ensures the original seller of tickets, which in many cases is Ticketmaster, cannot dictate the terms under which a ticket buyer in Texas seeks to resell their tickets.
• Safeguards ticket holders by not allowing venues to deny a person entry with a legitimate ticket on the basis they purchased their ticket from a competing seller to Ticketmaster, etc.
• Requires ticket sellers to deliver tickets to consumers within 1 week of their purchase. No more waiting for 6 months or longer for your tickets to be delivered.

A national survey of 800 adults released in 2022 by Protect Ticket Rights revealed findings consistent with the goals of HB 3621 and SB 1820. The poll found:
• 8 in 10 (81.6%) agreed “If you purchase a ticket to an event, you own it, and rules should require that you have the flexibility to give it away or resell it if you so choose.”
• 86.4% disagreed when asked “Should venues be able to deny your entry at an event or cancel your tickets because you bought them from a marketplace like StubHub, SeatGeek or Vivid Seats.”
• Nearly 80% (79.3%) support “new rules that guarantee your right to transfer, resell, or give away your tickets however you choose.”


The Texas Ticket Sellers Association calls on lawmakers to approach ticketing legislation with three fundamental priorities at the core:

• Protecting personal property rights – Ban corporations from dictating to fans whether and how they are allowed to give away or sell their purchased tickets. This also protects individuals’ right to flexibility – if a fan is unable to attend a show or game, fans should have the option to give away or sell (on their own terms) their ticket to their recoup costs.

• Safeguarding free markets – Prevent corporate monopolies from setting the terms of use for tickets and protect fans’ ability to decide where to buy their tickets, allowing them to comparison shop for better deals. Ticketing companies and others in live events should also be prohibited from instituting price controls on resold tickets, arbitrary caps which are by their very nature anti-capitalist and undermine the economic laws of supply and demand.

• Guaranteeing transparency – Require ticket sellers to display the full price, including fees, up front rather than adding fees at the checkout page. This disclosure, known as all-in pricing, helps fans fully engage with the free market by having access to all relevant information early in the purchase process and helps mitigate surprise price hikes when hidden fees are added.

The Texas Ticket Sellers Association also applauds Senator Judith Zaffirini for introducing SB 1622, which would also require all-in, upfront pricing to ensure fees are not hidden until the last minute and bans illegal software bots used nefariously to skip the line and buy up tickets before people can.

###

FOR IMMEDIATE RELEASE March 20, 2025
CONTACT: ilee@vision360partners.com