NIVA Calls Veto on California Ticket Bill AB 1349
The Ghost Ticket Conundrum: Why California’s Ticketing Bill Is Creating New Loopholes
The effort to clean up the music industry’s ticketing landscape in California took an unexpected turn. What began as a landmark attempt to ban the predatory practice of selling “ghost tickets”—tickets sold by secondary sellers who do not own them—has now become a rallying cry against a bill that critics argue has carved out massive loopholes, protecting multi-billion-dollar resale platforms while exposing independent venues and artists to greater legal risk.
The core issue stems from the final amendments made to California Assembly Bill 1349 (AB 1349). While the bill was initially championed by independent music advocates to stop the rampant sale of fake tickets, last-minute changes fundamentally reshaped its goals. Instead of focusing solely on stopping ghost ticket sales, the legislation inadvertently shifted the legal liability onto small businesses, nonprofit stages, and independent promoters.
The pivot came after significant lobbying efforts, notably from major ticket resale companies, which secured exemptions that undermine the bill’s original intent. This outcome has sparked an urgent call from the National Independent Venue Association (NIVA), which is now urging Governor Gavin Newsom to veto the legislation.
“AB 1349 could have been an opportunity to stop the sale of ghost tickets across the State of California, ensuring what happened during the World Cup and what happens every night at independent venues is illegal,” said Stephen Parker, NIVA’s Executive Director. “Instead, AB 1349 abdicates multibillion-dollar resale platforms like StubHub from true accountability for selling ghost tickets. It puts the small businesses and nonprofits that put on shows every night at risk.”
NIVA has outlined four key ways the final version of the bill poses significant dangers to the live music ecosystem and the fans:
- Exposes Indie Stages to Lawsuits: The legislation creates a private right of action for speculative ticket sales that targets independent venues, festivals, and presenters, while simultaneously shielding the secondary marketplaces where ghost tickets are actually listed and sold.
- Reclassifies Standard Primary Sales as “Resale”: Primary venues and promoters are now designated as “resellers” simply for running routine fan presales, waitlists, or VIP packages, even though these are face-value primary sales set directly by the artist.
- Gives Secondary Marketplaces a Free Pass: Corporate ticket resale platforms, such as StubHub, are explicitly exempted from being classified as speculative ticket sellers, despite their established role in hosting unverified listings.
- Strips Away Consumer Transparency: The law removes the legal requirement that secondary listings display seat and row numbers, eliminating a crucial consumer protection that allows fans to confirm a ticket’s existence before making a purchase.
This shift creates a legal environment where the entities that profit from the speculative resale of tickets are shielded, while the venues and the fans who rely on transparent, legitimate ticketing practices face the legal exposure. The industry coalition is mobilizing, appealing directly to Governor Newsom and the public to reject the bill and work toward genuine ticketing reform that holds secondary platforms accountable without penalizing the local live music culture.