The ticket industry has been an active topic of debate lately, and New England is the latest region taking it up. Massachusetts Governor Maura Healey wants to make life more affordable for residents, including the cost of attending concerts and live events. That’s a worthy goal, but her administration’s proposal to cap ticket resale prices at 10% above face value is drawing criticism from a growing and diverse group of voices who believe it could actually make things worse for fans.
The governor and lawmakers are undoubtedly hearing from plenty of interested parties on this issue. Before moving forward, they should also listen to those raising concerns about what happens when government tries to control prices in a competitive marketplace.
Why Price Caps Won’t Solve the Problem
Limiting what someone can charge for a ticket doesn’t create more seats, reduce demand for a popular show or give fans more options when buying tickets.
In fact, a resale price cap could have the opposite effect of what lawmakers intend. It could reduce the number of tickets available through established ticket marketplaces, push transactions into less secure channels and limit the competition that allows fans to shop around, compare prices and make purchases without the pressure of an initial on-sale, sometimes months after tickets first become available.
It could also make discounted tickets harder to find. When demand for a show declines, resale marketplaces often give fans opportunities to purchase tickets below their original price. Reducing participation in those marketplaces could mean fewer of those opportunities.
Making the proposal even more puzzling is its focus solely on secondary-market prices, which represent a relatively small portion of overall ticket sales. The vast majority of concert tickets are sold through primary ticketing, where Ticketmaster is estimated to control approximately 80% of primary ticket sales at major U.S. venues. Restricting independent resale competition without addressing the primary market risks strengthening Ticketmaster’s position even further.
And these concerns aren’t coming exclusively from the ticket industry. Three very different voices have recently raised serious questions about the Massachusetts proposal.
A Consumer Advocate Warns About Fraud and Fewer Choices
John Breyault, National Consumers League — CommonWealth Beacon
In his recent opinion piece, Breyault acknowledges the value of stronger consumer protections but warns that the proposed price cap could undermine the very safeguards fans depend on.
His concern is that restricting legitimate resale marketplaces won’t eliminate demand for tickets. Instead, buyers and sellers may move to social media and other less-regulated channels where fraud is harder to prevent and consumers have fewer protections.
“The Great Divide Act’s price caps will almost certainly result in far fewer tickets being listed on regulated resale marketplaces.”
That’s an important warning coming from someone whose job is to advocate for consumers, not ticket sellers.
Read Breyault’s full opinion: Think capping ticket prices will save you money? Think again.
A Concert Promoter Says Fans Need More Competition, Not Less
Tommy Dorfman, Juice Entertainment — CommonWealth Beacon
Dorfman approaches the issue from the perspective of someone who has spent years promoting concerts and working with artists and venues.
He argues that the legislation focuses on restricting the resale market while largely ignoring the primary ticketing system that determines original ticket prices.
He also makes an important point that often gets lost in this debate: Not every ticket sells for more than face value. When demand is softer, resale marketplaces give fans opportunities to find discounted tickets while helping venues fill seats that might otherwise remain empty.
“Fans need more choices, not fewer, to lower prices.”
That’s especially relevant for smaller venues and emerging artists, where filling seats matters and ticket demand is far less predictable than it is for major stadium tours.
A Former FBI Agent Raises a Different Concern: Ticket Fraud
Mike McCall, Former FBI Special Agent — The Boston Globe
McCall brings another perspective to the debate, one grounded in investigating financial crime.
His concern is that when legitimate resale transactions are pushed away from established marketplaces, investigators and consumers lose some of the transparency and accountability those platforms provide.
“That evidence trail disappears the moment deals move to the digital street corner.“
Price caps may sound appealing, but if they encourage more transactions through anonymous sellers and informal online channels, Massachusetts could inadvertently make ticket fraud harder to combat.
Read McCall’s letter in The Boston Globe
Massachusetts Has an Opportunity to Get This Right
What strikes me about these three perspectives is that they come from very different backgrounds yet reach a similar conclusion. A consumer advocate worries about buyer protections. A concert promoter worries about competition and access. A former FBI agent worries about fraud.
Massachusetts has an opportunity to make meaningful improvements for fans buying tickets. For starters, lawmakers could strengthen enforcement against illegal automated bots, crack down on deceptive venue websites, require earlier and universally accessible ticket transfers, and hold sellers accountable when they fail to fulfill confirmed orders. Greater transparency around ticket availability and pricing would also help consumers make better purchasing decisions.
Those are practical reforms that would benefit Massachusetts fans, legitimate ticket businesses and smaller venues without restricting competition or driving transactions into less secure markets.
I respect Governor Healey’s desire to make entertainment more affordable for Massachusetts residents. I share that objective. But the growing opposition to resale price caps deserves serious consideration before the state moves forward with a policy that could produce the opposite result.
And if the governor or her team wants to discuss ways to improve ticketing for fans and independent venues, I’d welcome the conversation.