On September 17, 2025, the Federal Trade Commission, joined by seven state attorneys general, sued Live Nation Entertainment and its subsidiary Ticketmaster. Announcing the case, FTC Chairman Andrew N. Ferguson said: "American live entertainment is the best in the world and should be accessible to all of us. It should not cost an arm and a leg to take the family to a baseball game or attend your favorite musician's show."
The complaint alleges that the companies deceived consumers and artists by allowing professional ticket brokers to evade purchase limits, resell tickets at inflated prices on Ticketmaster's own platform, and conceal mandatory fees until late in the checkout process. The FTC claims these practices violated the FTC Act, the Better Online Ticket Sales ("BOTS") Act, and multiple state consumer protection laws.
Why it Matters
This case is part of a broader enforcement trend against hidden
fees, misleading price disclosures, and business practices that
regulators say create an uneven playing field for consumers. The
participation of multiple states signals heightened coordination
among enforcement agencies and an increased likelihood of follow-on
investigations and class actions. Beyond legal exposure, companies
risk significant consumer and media backlash if they are perceived
as charging "junk fees" or failing to deliver on
marketing promises.
Takeaways for Businesses
- Transparent pricing is critical. If you advertise a starting price, regulators expect it to include all mandatory fees.
- Enforce your policies. Posting limits or restrictions is not enough; companies must implement reasonable safeguards and document enforcement.
- Review marketing and promotional claims. Promises such as "limited availability" or "lowest price" should be accurate and supported by systems that make those claims true in practice.
- Prepare for multi-jurisdictional scrutiny. Federal agencies and state attorneys general are increasingly coordinating enforcement, opening the door to immediate monetary remedies in federal court.
Companies in many sectors—whether ticketing, subscriptions, consumer goods, or digital services—should see this as a reminder: legal risk is rising, and so is the expectation that marketing, pricing, and consumer treatment be transparent, fair, and defensible.
This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.
