is selling one extra ticket at a concert thru a craigslist ad considered scalping?

Factual Questions
1

Kid (who is a young adult) is at a concert right now. I’m at home, reading Craigslist. There’s a CL ad that has just been posted, looking for a ticket for that show. Kid has extra ticket. Is there any chance that selling this spare ticket to someone advertising on Craigs list for is would get the kid in trouble? I don’t want to get him arrested. I called the guy’s number, voicemail picked up and he’s got a deep voice. The first thing that ran thru my head was “is this guy a cop?” Seems a shame to waste the ticket, but I don’t want to get the kid busted over it.

Thanks

2

I guess the definition of scalping can vary from state to state, but it’s usually okay to sell a ticket up to a certain percentage over the ticket price. Go above that limit and it’ scalping and illegal.

3

Typically scalping laws are only enforced if you are attempting to profit on the transaction. ie. selling a ticket at its original value is fine selling it at 2 times the value is not

4

Typically, scalping is only illegal if you resell the ticket above the face value of the ticket.

Edit: Forgot to include IANAL.

5

So. if the ticket was $25 plus fees that made it more like $35, it would be ok to sell it for $35?

6

And not just from state to state:

http://www.rockymountainnews.com/news/2007/Oct/15/scalpers-tickets-go-to-youth-clubs/

7

Yes, not expecting legal advise, just a general . . . um . . . likelihood of what would probably maybe be ok. This is why I wondered, because the guy is offering $55 for a $25 plus fees ticket.

8

IANAL, but I think that scalping laws apply only to those within a certain distance of the applicable venue. It is perfectly legal to sell your own (almost always transferable) ticket for whatever price a buyer is willing to pay. How else would ticket resellers like StubHub and those on eBay and craigslist exist?

9

The people at Ebay are not lawyers but they have a page about selling tickets which says “reselling tickets for up to face value is legal nationwide.” Click on the “regulate the resale” link, type in that you’re the seller in Colorado, and it says “There are no ticket reselling restrictions for residents of Colorado for any tickets bought or sold to events taking place in Colorado.”

10

http://www.cga.ct.gov/2006/rpt/2006-R-0761.htm

It’s complicated. There’s no general rules except selling for face value is probably OK.

11

You want to know if there’s a chance of the kid getting in trouble. If it’s legal- no chance. If it’s illegal- chance. That’s legal advice you’re looking for.

If you’re looking for a probably- then I’d say it’s probably illegal to sell a $25 ticket for $55 in most of the U.S.

12

Thanks everyone. It turns out that a friend is able to join Kid and friends at the concert and use the ticket. This is good to know for future, though.