Live Nation and Ticketmaster Seek Dismissal of FTC Lawsuit Over Ticket Resales

Live Nation and its subsidiary Ticketmaster have filed a motion to dismiss a lawsuit initiated by the Federal Trade Commission (FTC) and seven states, which accuses them of facilitating ticket scalping and violating the Better Online Ticket Sales (BOTS) Act of 2016. The motion, submitted on January 6, 2026, argues that the lawsuit represents an "egregious instance of agency overreach" and misapplies the BOTS Act, which is intended to combat scalping practices.

Ticketmaster Asks Federal Judge to Dismiss FTC LawsuitTicketmaster, Live Nation urge court to throw out FTC’s lawsuit over ticket resalesThe WrapVariety Magazine

The FTC's lawsuit, filed in September 2025, claims that Live Nation and Ticketmaster allowed brokers to purchase tickets beyond the advertised limits, enabling them to resell these tickets at significantly inflated prices. The complaint alleges that the companies engaged in "unfair and deceptive practices" that harmed consumers, particularly during a post-pandemic surge in ticket prices. The FTC argues that Ticketmaster has a financial incentive to overlook scalping, as it profits from resales on its platform.

BillboardTicketmaster Asks Federal Judge to Dismiss FTC LawsuitTicketmaster, Live Nation urge court to throw out FTC’s lawsuit over ticket resalesThe Wrap

In their motion, Live Nation and Ticketmaster contend that the BOTS Act was not designed to hold ticketing platforms accountable for the actions of resellers. They assert that the law aims to protect ticket issuers from scalpers, not to penalize them for the resale of tickets. The companies emphasize that they are intermediaries in the resale process and not resellers themselves. They further argue that the FTC has not demonstrated that Ticketmaster was aware of any circumvention of ticket purchasing limits by brokers.

Ticketmaster, Live Nation urge court to throw out FTC’s lawsuit over ticket resalesThe WrapVariety Magazine

Live Nation's Executive Vice President for Corporate and Regulatory Affairs, Dan Wall, stated that the allegations of collusion with scalpers are "categorically false" and economically nonsensical, as ticket resales account for only 3% of the company's revenue. He also noted that Ticketmaster is committed to combating scalping and has implemented measures to prevent brokers from operating multiple accounts on its platform.

Ticketmaster, Live Nation urge court to throw out FTC’s lawsuit over ticket resales

Consumer advocacy groups have long criticized Ticketmaster for its pricing practices, particularly during high-demand events. The FTC's chairman, Andrew N. Ferguson, highlighted the need for accessible live entertainment, stating that it should not be prohibitively expensive for families to attend events. Critics argue that the lawsuit reflects a broader issue of rising ticket prices, exacerbated by the COVID-19 pandemic and the subsequent concert boom.

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A hearing for the motion to dismiss is scheduled for February 19, 2026. Meanwhile, Live Nation is also facing a separate antitrust lawsuit from the Department of Justice, which alleges monopolistic practices in the live events industry. This case is set to go to trial in March 2026.

Ticketmaster Asks Federal Judge to Dismiss FTC Lawsuit

• “This statute is designed to help ticket issuers like Ticketmaster combat ticket harvesting and scalping, ensuring that tickets are accessible to genuine fans,” — Live Nation and Ticketmaster's lawyers

Variety Magazine

• “Our incentives are plainly to favor artists and fans.” — Dan Wall, Live Nation

Ticketmaster, Live Nation urge court to throw out FTC’s lawsuit over ticket resales

• “American live entertainment is the best in the world and should be accessible to all of us,” — Andrew N. Ferguson, FTC Chairman

Billboard

This ongoing legal battle highlights the complexities of ticket sales and the challenges faced by regulatory bodies in addressing consumer concerns in the evolving landscape of live entertainment.

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