Consumer Law-Buy Before You Sue: Standing to Sue for Ticket Scalping Requires Purchase-Herman v. Admit One Ticket Agency LLC , 912 N.E.2d 450 (Mass. 2009)

In Massachusetts, the legislature has long considered the act of reselling tickets for profit, or “ticket scalping,” as harmful to the public and thus has kept the practice heavily regulated.  Accordingly, it is illegal for a ticket reseller to charge consumers a price in excess of two dollars above face value, unless the additional cost can be wholly attributable to service charges.  In Herman v. Admit One Ticket Agency LLC, the Massachusetts Supreme Judicial Court (SJC) considered whether a potential buyer who received a quote for a ticket priced significantly above face value, has standing to sue the ticket reseller for violating the Anti-Scalping Statute, although no purchase took place.  The SJC concluded that a prospective buyer lacks standing, as he would be unable to show that he was ready, willing, and able to buy a ticket at a lawful price unless he had actually purchased a ticket. . .