Summary of SB 849 (2025 Session) – Real Tickets, Real Fans Act (North Carolina)
Purpose and intent
- This bill aims to modernize and regulate entertainment event ticket sales in North Carolina.
- Core goals: prohibit speculative ticket sales, curb deceptive promotion, and ban the use of bots in ticket purchases to protect consumers and ensure fair access to tickets.
Key provisions and changes
1) New regulatory framework
- Adds a new Article 9 to Chapter 75, titled “Entertainment Event Ticket Sales and Resales.”
- Reorganizes existing sections into defined subsections:
- 75-151: Definitions
- 75-152: Ticket price transparency
- 75-157: Enforcement
2) Definitions (75-151)
- Bot: Any device or software used to purchase tickets that bypasses security or limits on purchase quantity.
- Clearly and conspicuously disclose: A standard for consumer-facing disclosures to be easily noticed and understood.
- Entertainment event: Sporting game/contest, concert, or live entertainment in NC with public ticket sales.
- Fan club: Programs offering presale access to tickets.
- Mandatory fee: Any required fee or surcharge to purchase a ticket.
- Resale / Reseller / Secondary ticket exchange: Terms covering resale and marketplaces.
- Speculative ticket: A ticket not yet in actual or constructive possession of the reseller at listing time.
- Ticket issuer: The initial seller of tickets (artists, venues, promoters, leagues, marketplaces, etc.).
- Ticketing link website: A site that links to a reseller rather than processing a sale itself.
- Ticketing session: The period from when price is shown until the allotted time expires or a sale window closes.
3) Price transparency (75-152)
- Requirements for listings on secondary exchanges, issuers, and resellers:
- (1) Display total price including all mandatory fees and maximum processing fee.
- (2) Initial price must not increase during the ticketing session, except for allowed charges.
- (3) Disclose each mandatory fee amount clearly before purchase.
- (4) Non-mandatory but permissible fees may be added with pre-purchase disclosure (delivery, government taxes/fees, processing).
- (5) Clearly disclose seat location (row/section or GA area).
- (6) Indicate whether listing is initial sale or resale; if reseller is not issuer, disclose the non-issuer status with a link to issuer; if the exchange is also the issuer, disclose resale status clearly.
4) Prohibition on speculative sales (75-153)
- Prohibits:
- (i) Selling or offering speculative tickets.
- (ii) Reselling more than one copy of the same ticket for an event.
5) Access to presale and fan club tickets (75-154)
- Prohibits resell of tickets before public release unless authorized by entertainer, venue, or organizer.
- Prohibits resale of fan club tickets unless authorized.
6) Branding and IP branding (75-155)
- Prohibits unauthorized use of entertainer/venue IP in ads or branding.
- Prohibits misleading resemblance or implying official connections without authorization.
7) Bot and sale circumvention (75-156)
- Prohibits use or creation of bots to:
- Purchase tickets in a single sale.
- Use multiple IPs/accounts to exceed limits.
- Bypass queues, presale codes, or other sale limitations.
- Circumvent security measures.
8) Enforcement and penalties (75-157)
- Violation treated as an unfair trade practice; subject to existing enforcement provisions.
- Civil penalties:
- Up to $15,000 per day for ongoing violations.
- Or the greater of $1,000 or 5x the total ticket price per ticket listed, sold, or resold in violation.
- Willful violations can incur an additional $10,000 per ticket.
- Attorney General mechanisms:
- Consumer reporting via DOJ website and phone.
- Annual report to Joint Legislative Oversight Committee by Aug. 1, including enforcement actions; report also publicly available.
9) Appropriations and enforcement funding (Section 3)
- Transfers $250,000 in recurring General Fund support to the Department of Justice (starting 2026-2027) to create one or more FTE positions to enforce Article 9.
Effective date and applicability
- Most provisions become effective July 1, 2026.
- Sections 1 and 2 (the structural/definitions/transparency provisions) become effective October 1, 2026.
- Applicability: Tickets sold on or after these dates are subject to the new requirements.
Potential impact
- Consumers: Increased price transparency, clearer disclosure of fees, and protections against deceptive practices and speculative tickets.
- Ticket issuers and resellers: New obligations to clearly disclose fees, differentiate initial sale vs. resale, and monitor for speculative listings; face stronger penalties for violations.
- Online ticket marketplaces and “ticket link” sites: Must comply with branding, IP restrictions, and enforce sale rules to prevent bot-driven purchases and misrepresentation.
- Enforcement landscape: Expanded AG oversight with dedicated funding and annual reporting to oversight committees.
Overall, SB 849 seeks to curb bot-driven purchases, reduce deceptive pricing and branding tactics, restrict speculative ticket sales, and empower consumers with clearer, more transparent ticket pricing and purchase processes in North Carolina.
