CHICAGO, Illinois, September 29, 2026 — In California, a bill was just considered that targets the common practice of speculative ticketing — where resellers list tickets online before they even own the rights to said tickets. On September 1, Assembly Bill 1349 passed the two chambers of the state legislature. The bill is now awaiting a decision from Governor Gavin Newsom whether or not to sign it into law.
How Speculative Ticketing Works
Speculative sellers post tickets on resale websites without actually owning the tickets, and only arranging to buy and forward the ticket after a buyer agrees to buy one. Assembly member Isaac Bryan, who wrote the bill, called the practice inherently misleading for fans. Buyers rarely find out that they bought a piece of something imaginary until after they do the equivalent of buying nothing.
If it becomes law, the bill would require resellers to obtain constructive possession of a ticket before listing it for sale. Which means paid in full, having a right to redemption that is enforceable and verifying the purchase with the original seller or venue. Listings must also specify the seat, row and section—in addition to the original price of the ticket.
Enforcement and Penalties
It permits individual consumers who have been materially harmed by speculative listings to seek civil action against those who made them as well as government enforcement actions. State and local agencies may impose penalties of $10,000 for each ticket incorrectly written up — with each misidentified form counting as a separate violation. Consumers would also have the right to be able to sue resellers, original sellers and resale marketplaces directly.
Supporters consider the increased liability to be a long overdue way of implementing actual enforcement of protections that resale platforms already claim to protect on a voluntary basis. The bill is championed by touring musicians who have said ticket trust directly impacts their ability to plan tours and pay crews. As one touring artist explained it: speculative ticketing is “selling a promise, not a seat.”
Opposition From Independent Venues
Not all of the live entertainment industry has fully supported the bill as it’s written. The National Independent Venue Association asked Gov. Newsom to veto the legislation as amended in the legislative process because it shifted liability away from larger resale platforms and onto smaller venues. The group argues the legislation expands legal liability for independent stages, which usually don’t participate in speculative ticketing.
The venue association gained specific protections for professional sports teams and large resale marketplaces as the bill advanced through committee. The legislation continues to expose independent promoters and nonprofit festivals to the private right of action. The group says it hopes to collaborate with lawmakers next year on a version more narrowly focused on resale platforms.
What Happens Next
Governor Newsom declined to indicate last week whether he will sign or veto AB 1349. The bill comes as part of a separate measure, AB 1720 which would impose limits on ticket resale prices with a maximum markup of 10% above face value for most live entertainment events. Both measures are the result of increasing legislative scrutiny over complaints regarding the secondary ticket market across the country.
Federal regulators have gotten in on the act too, with the Department of Justice and Federal Trade Commission requesting public comment on ticket scalping techniques just earlier this year. As part of that review, over 4,000 artists, fans and industry figures submitted comments. Regardless of which direction California ultimately pursues, what ensues will likely shape how other states approach the same type of legislation in the future.
Consumer advocates describe the move as particularly significant nationally since no state can match California’s size and its clout over the entertainment industry. Next, ticketing platforms typically enact global policy changes instead of creating state-specific systems because only a few states will have such large markets. Which means Newsom’s move may well determine resale customs far outside the state.
Industry groups for resale marketplaces have mostly kept their heads down during the debate, much more so than on the independent venue side. And, some platforms already purport to ban speculative listings under their own internal policies, leading to questions of how much the new requirements would change day-to-day operations. Proponents of the measure say that voluntary policies have never worked to prevent this from happening.
Newsom has until the last day of the legislative session to either sign it, veto it or allow the bill to become law without his signature. Until that ultimate standoff, however, fans, artists and venue operators are expected to continue their lobbying. The result will provide a first indication of how intensely California plans to impose its consumer protection laws on the rest of the live entertainment ticketing market moving forward.
