Viagogo has reached a settlement with the Fédération Romande des Consommateurs (FRC), Switzerland’s largest consumer protection organisation.
The secondary ticketing marketplace, whose European headquarters are in Switzerland, has allocated 100,000 CHF (roughly €105,000 or £90,000) as compensation for the 807 individuals who have lodged complaints against Viagogo with the FRC prior to 5 February, 2024.
Viagogo has also agreed to make changes to its Swiss website (viagogo.ch). These are as follows:
Indicating the platform’s status as a resale marketplace in Switzerland’s three national languages and English, so that consumers are not led to believe they are buying from an official seller.
Greater transparency over ticket prices and seating information, with the total cost and seating information clearly shown throughout the buying process.
A reduced number of “pop-up” windows, to limit the pressure put on consumers to make a purchase.
Clearly identifying professional resellers or traders, so that buyers do not falsely believe that they are buying from another consumer.
The FRC first lodged a criminal complaint against Viagogo with the Geneva public prosecutor’s office in 2017 after receiving over 100 complaints against the site. These related to lack of transparency over pricing, pressure-selling tactics, and leading consumers to believe that they are buying from an official ticket seller.
In return for these changes, the FRC has withdrawn its lawsuit. However, should Viagogo fail to meet any of the above commitments, the FRC will be free to make another legal complaint.
Jean Tschopp, head of the FRC’s legal department said “In our view, this agreement was the best option faced to a procedure that was getting bogged down and would certainly have taken many more years before a final decision was reached. Our association preferred concrete improvements for internet users in the form of changes brought to Viagogo’s Swiss website instead of waiting several more years for a final decision”.
Commenting on the news, FEAT director Sam Shemtob said: “While great news, the settlement – made after six years of legal work – highlights the difficulty of hauling uncapped ticket resale sites through the courts. For consumers in the EU, we hope and expect the new Digital Services Act, which requires online marketplaces to improve transparency and desist from pressure buying tactics, will be robustly enforced.”
You can read more about the legal case on the FRC’s website here.
There have been over 40 legal cases against ticket traders and resale platforms in the EU since 2016.
Footballing giants FC Barcelona have officially joined FEAT in its mission for a Europe-wide ban on event ticket resale above face value.
The agreement was signed at a meeting in the office of FC Barcelona president Joan Laporta, who was joined by Juli Guiu, vice-president of the FC Barcelona marketing area, and Neo Sala, FEAT’s founding director and founder & CEO of Doctor Music. Following the signature, Laporta also presented Neo Sala with an official 2023/24 team jersey.
As part of its ‘Visiting Supporter Security and Control Protocol’, which FC Barcelona set up for high-risk fixtures, the club has already started implementing a series of measures to combat unauthorised ticket resale, including personalised tickets and a tracking system to prevent misuse. Hence, the alliance between FC Barcelona and FEAT follows on with their joint mission to eradicate predatory ticketing behaviour.
In becoming FEAT’s latest member, the club has joined with live events professionals across Europe to make three key promises as part of their pledge: to fight for face-value ticket resale, to only support resale marketplaces that are legally compliant and embrace transparency, and to stand up to search engines and social media platforms accepting advertising from irregular resale platforms.
To celebrate the alliance of the two organisations, Barcelona will now become FEAT’s official home city.
Juli Guiu, vice-president of the FC Barcelona marketing area, commented: “Tackling unauthorised ticket resale has been a priority of the Club’s for some time so this partnership makes perfect sense. This alliance is also aligned with the different actions that FC Barcelona has been undertaking to protect its members and season ticket holders against any situation and for purchasers of tickets for all sectors to feel safe in the knowledge that the tickets they buy are legitimate and fairly priced.”
Neo Sala, founding director of FEAT and founder and CEO of Doctor Music, added: “We’re delighted to bring FC Barcelona, our first non-music member, on board to continue our fight against unethical ticket resale. This strengthens our voice, building a united front on the issue across entertainment and live events. In this way, FC Barcelona becoming FEAT’s first sports member, Barcelona will now become FEAT’s official home city, and will host its Annual General Meeting there every year.“
An alliance of live industry organisations and professionals from across Europe has revealed details of ‘Make Tickets Fair!’ — a campaign aimed at educating and empowering live entertainment fans to avoid being ripped off by unscrupulous ticket resellers.
A new industry-facing website has launched, with the goal of getting more agents, promoters, venues and indeed artists, involved ahead of consumer launch. The site provides free resources and advice for event organisers to direct fans to safe, official channels to buy resale tickets. It also offers a clear overview of ticket resale laws country by country. All these resources are available in English and Spanish, with Dutch and German to follow.
Further details will be revealed at Eurosonic, at a panel taking place tomorrow moderated by FEAT director Sam Shemtob. Speakers include Henk Schuit (Managing Director, Eventim Nederland), Jules de Lattre (Senior Music Agent, United Talent Agency) and Silke Lalvani (Head of Public Affairs, Pearle* – Live Performance Europe).
Conceived at ILMC, the campaign has been devised by a cross-industry working group and coordinated by FEAT over several months. The group comprises a wide range of individuals and organisations including UTA’s Jules de Lattre and One Fiinix Live’s Jon Ollier, as well as organisations including German live entertainment association BDKV, the European Music Managers Alliance, European Arenas Association, FanFair Alliance, Swiss consumer association FRC, Pearle* – Live Performance Europe, PRODISS, the Sports Rights Owners Coalition and Victim of Viagogo.
With an international consumer roll-out to follow, tomorrow’s Eurosonic panel will drive home the need to join together across the sector to educate ticket buyers on safe ticketing and help stem ticket resale abuses – ranging from huge, uncapped prices, to the selling of invalid tickets, and a lack of transparency for ticket buyers.
Jules de Lattre, Senior Music Agent at UTA, said, “It’s vital that this campaign is successful, and that means becoming front-of-mind with agents, managers and promoters when they are planning shows – so safe resale information goes out with all communications, including on ticket pages.”
Mark Lichtenhein, Chairman of the Sports Rights Owners Coalition (SROC), said, “The majority of major sporting events typically experience demand for tickets far exceeding the physical capacity of the venue, leading to illegitimate offers in secondary markets. It is therefore essential that fans are equipped with all the relevant, correct information before making any ticketing purchases”.
Johannes Ulbricht of BDKV said, “FEATs fight against secondary ticketing is appreciated and supported by German Live Entertainment Association BDKV”.
Silke Lalvani, Head of Public Affairs at Pearle* – Live Performance Europe, said, “We are delighted to be part of the campaign Make Tickets Fair! to bring awareness to all audiences about how and where to safely buy their event tickets. It is crucial that the live performance sector as a whole collaborates on stopping illegal ticket resale to make sure that fans have a great experience at live shows and other events.”
Neo Sala, FEAT Director and Founder & CEO of Doctor Music, said, “The current ticket resale market is, frankly, broken and the time for the industry to come together and act is long overdue. As the first Europe-wide campaign of its kind, Make Tickets Fair! has huge potential to help fans and rebuild trust in live music. To achieve this, cross-industry collaboration is essential, and we look forward to getting as many members of the live business on board as possible.”
Artists, promoters and other live industry professionals can learn more and get involved at maketicketsfair.org.
The Face-value European Alliance for Ticketing welcomes news that the European Parliament has voted to approve a new Regulation to better tackle online harms — the Digital Services Act (DSA) — with with 539 votes in favour, 54 votes against and 30 abstentions.
The new rules will help prevent abuses on online marketplaces, including ticket resale sites. They include measures to ensure professional sellers are identifiable, prevent certain manipulative sales tactics, and require regular reporting to improve transparency for consumers.
Identifying and verifying professional sellers Online marketplaces will be required to obtain essential information about third party professional sellers, from their name and contact details, to their bank details and ID, before traders are allowed to list tickets on the platform. They will also be required to make best efforts to assess whether the information is reliable and complete, and ensure that the seller’s name, contact and trading details appear on the listing, as well as conduct random checks to prevent the resurfacing of listings that contravene national laws.
Increased accountability for marketplaces Whilst ticket resale platforms can claim to be exempt from liability for content provided by third parties, provided they are not active hosts, they could now be held responsible for tickets listed in contravention of national laws, where fans are led to believe that the ticket is provided by the platform itself or that the seller is acting under its control. As a result, resale platforms should make it clear throughout the buying process that the tickets listed are provided by a third party.
Prohibition of dark patterns Dark patterns (user interfaces designed in such a way as to trick users into making certain decisions, such as “pop-ups” or giving prominence to specific choices) will be prohibited. As such, ticket resale sites will be banned from using design tricks that manipulate consumers.
Annual reporting Online hosting platforms such as ticket resale sites will be required to produce easily comprehensible and publicly-available annual reports on any content moderation activities relating to infringements of the law or the platform’s terms and conditions. This will give an indication of the scale of harmful activity taking place – important in helping enforcement agencies and advertising partners such as Google comprehend the scope of the problem. The reporting measures will be coupled with a simplified notice and action procedure for illegal listings.
Increased oversight Every Member State will be required to appoint a Digital Services Coordinator (DSC) to enforce the rules laid out in the DSA, with far-reaching powers of investigation, including to carry out on-site inspections, interview staff members and require the production of documents and information. Penalties for non-compliance can reach up to 6% of platforms’ global turnover.
The DSA will now go through the formal adoption procedures by the European Council before it is published in the EU Official Journal. It will enter into force 20 days after its publication in the Official Journal of the European Union, and its provisions will mainly apply fifteen months after entry into force or from 1 January 2024, whichever comes later.
Despite COVID-19, the European secondary ticketing market was estimated to be worth €1.83bn in 2021, with predictions to grow to €2.29bn by 2023; money that is drained from consumers and the sports and cultural industries. FEAT has spent two years engaging with policy-makers over the DSA, including spearheading an open letter with other concerned groups. This called on the EU to compel online marketplaces to act responsibly and was signed by nearly 150 representatives throughout the cultural industries and was recognised by commissioners in charge of the DSA.
While pleased that the legislation has finally been passed, FEAT recognises that the text could have gone further and will continue to campaign for tougher legislation to prohibit profiteering on uncapped resale sites at the expense of fans and the live industry.
Neo Sala, Director of FEAT and Founder and CEO of Doctor Music, stated “FEAT welcomes the new Digital Services Act, a landmark legislation aiming to protect consumers online. We hope that it will help prevent manipulative and exploitative practices taking place on resale sites and pave the way for tougher laws to ban profiteering altogether.”
Italy’s Communications Regulatory Authority AGCOM has fined viagogo €23.5M for breaking the country’s rules on secondary ticketing and has given it seven days to remove the illegal listings from its site.
The decision, taken at an AGCOM Council meeting on 23 June 2022, followed an investigation by Italy’s financial crime enforcement agency, the Guardia di Finanza. This found that viagogo had listed tickets for 131 events at prices up to six or seven times above their face-value. Events included concerts for artists such as Maneskin, Vasco Rossi, Sting, Green Day, Dua Lipa, Pearl Jam, Placebo, Cesare Cremonini, Paolo Conte and Andrea Bocelli.
An amendment to Italian legislation was introduced to Italy’s 2017 budget law to criminalise ticket touting (art. 1, paragraph 545, of the law 11 December 2016, n. 232). Subsumed into Italy’s Secondary Ticketing Act in March 2018, the law, to be enforced by AGCOM, prevents tickets being sold for commercial purposes or for above face value.
Said FEAT director Sam Shemtob, “This is a substantial fine for viagogo, and a clear requirement to remove illegal listings within seven days. What is especially encouraging is the extensive investigation carried out by Italy’s financial crime enforcement agency working closely with the Italian regulator AGCOM. Legislation across Europe – at both a national and EU basis – is catching up with ticket scalping. If other enforcement authorities follow Italy’s example, the hope of a functional ticket resale market, with scalping largely relegated to the history books, could become a reality”
The EU has reached a provisional political agreement on the Digital Services Act, a regulation designed to create a safer and fairer online environment, including over ticket resale abuses. After a marathon 16 hours of discussions between policy-makers, the text was agreed on Saturday 23rd April in Brussels.
The European Parliament and Council as well as negotiators suggest the Act contains a number of measures to ensure secondary ticketing marketplaces act responsibly. These are expected to include:
Ticket scalpers will only be able to list tickets after providing essential information (“Know Your Business Customer” principle), which marketplaces must make efforts to verify
Secondary marketplaces will also be obliged to conduct random checks for tickets sold illegally
Measures designed to panic buyers, such as pop-ups claiming several people are viewing the same ticket, will be banned.
Reports suggest that while micro and small marketplaces will be exempt from verifying traders and conducting random checks, marketplaces that are medium-sized (employing between 50 – 250 people) for more than a year will have no such exemption. Search engines are understood to face new responsibilities too, but what these may involve is currently unclear.
FEAT has spent two years engaging with the EU over the DSA, using lobbying methods such as arranging an open letter with other concerned groups such as FanFair Alliance and Pearle* Live Performance Europe. The letter called on the DSA to compel online marketplaces to act responsibly and was signed by nearly 150 representatives across the industry, from ballet and pop to opera and comedy.
FEAT Director Sam Shemtob said, “We cautiously welcome news of measures to be placed on secondary ticketing marketplaces to clean up the Wild West in which they have operated so far. The devil will be in the detail, but we hope the new requirements for vetting traders and publishing basic information about the seller will enable fans and event organisers to make informed decisions.”
The text of the DSA is to be finalised at technical level, before being formally approved by European Parliament and Council. 20 days after its publication, the Act will come into force in the EU Official Journal. Big Tech firms will then have four months to prepare for the rules, while companies with fewer than 45 million users will have 15 months or until 1 January 2024, whichever is later.
French consumer protection agency DGCCRF has fined Global Service Concierge and its parent company WSI Live SA, €150,000 for misleading resale practices.
The investigations, carried out by its National Investigation Department, revealed that the two companies, which operate ticket resale platforms live-booker.fr and next-concert.com, were tricking consumers into believing that they were offering resale tickets with the authorisation of the promoters, whereas no authorisation was obtained. In France, it is illegal for tickets to be resold without the authorisation of the promoter under Article 313-6-2 of the French Criminal Code.
The news continues a pattern of Global Services Concierge’s malpractice in secondary ticketing, after the company was ordered to compensate PRODISS €100,000 for infringing French anti-scalping legislation in November 2020. The judgment expressly prohibited the company from offering resale services that sell tickets without promoter authorisation.
The sanctions against Global Services Concierge are an important moment in the fight against ticket scalpers and demonstrate the impact appropriate legal regulation can have on the uncapped secondary market.
Launched today at ESNS, FEAT is proud to present its latest guide for FEAT members and European promoters on how to deal with suspected touted tickets.
From set-up to post-show, “FEAT Guide: How to Find and Remove Scalped Tickets” provides simple step-by-step advice on how promoters can prevent tickets ending up in the wrong hands, while providing clear support to fans. Hoping to demystify the process of tackling touting, the guide outlines how to develop and implement an anti-tout policy, guide fans during on-sale, and spot signs of touting. It also advises on the best route to cancelling tickets in a fan-friendly way, while taking into account the relevant legal considerations. Added extras include template terms and conditions, as well as a template letter to send to any venues involved.
The live music industry suffered drastically as a result of the Covid-19 pandemic, with UK live revenues collapsing by up to 90% in 2020, according to UK Music. As concerts resume, reducing touting will help ensure fans regain their trust in ticketing and can afford to see their favourite acts.
Nicole Jacobsen, Managing Director and Co-Owner of tickets.de, said: “I’m really proud to have worked with FEAT on the ‘FEAT Guide: How To Find and Remove Scalped Tickets’. At tickets.de we’ve been working to stop scalping for over ten years, and the guide is just the latest in what is an on-going and dedicated campaign.”
FEAT Director Sam Shemtob added: “With the live business looking to get back on the front foot in 2022, the timing is perfect for promoters to take steps proven to reduce touting. We hope this guide will be beneficial to all those who work in the sector.”
FEAT would like to thank all who contributed to this project, especially Nicole Jacobsen from tickets.de.
The guide is available on request only — and will shortly be launched in French, Spanish and German. Those interested should contact FEAT at support@feat-alliance.org.
FEAT has co-signed a letter calling for the European Parliament to strengthen proposed rules on online platforms to better protect consumers as part of the upcoming Digital Services Act. Signatories include 22 other consumer and business associations.
The letter argues that the DSA in its current format is inadequate in protecting consumers and legitimate businesses from the trade of illegal goods and services, including counterfeit and fraudulent tickets, and fails to understand the reality of online commerce. It urges the body to “avoid adopting a framework that presents significant risks for both consumer protection and businesses’ viability and reputation”.
As it stands, the Digital Services Act looks set to offer an exemption for small and medium enterprises (SMEs) from certain due diligence obligations. In practice, this would merely encourage illegal traders to evade detection by moving to smaller platforms. While a waiver should still exist for micro-enterprises, the vast majority of Europe’s SMEs are still offline businesses, which have long been expected to meet their own set of diligence requirements.
In addition, the proposals ignore the vast and complex reality of online commerce by failing to hold all platforms that facilitate sales between traders and consumers to account. Limiting the scope of obligations such as the Know Your Business Customer obligation to marketplaces means that there will be limited accountability for selling on alternative platforms such as social media. This must be corrected by widening the scope of the forthcoming rules and increasing clarity about platform obligations and consequences.
The DSA as it currently stands is unsatisfactory. By making further adjustments, the Act can help consumers and small businesses trade online in a safe market no longer saturated with illegal trade.
FEAT has joined a list of 30 signatories on a joint statement penned by the European Consumer Organisation (BEUC) concerning the EU’s upcoming Digital Services Act.
Addressed to members of the European Parliament, Council and Commission, the statement calls for the Digital Services Act to set out “effective and unambiguous rules […] to tackle illegal activities and rogue traders”. It refers to the problems caused by secondary ticketing and includes evidence provided by FEAT in the form of nearly 60 major legal cases and initiatives involving secondary ticketing marketplaces that have taken place in Europe over the past few years.
The statement argues that self-regulation has failed and online marketplaces need to be held accountable for the transactions they facilitate in order to better protect consumers. This includes becoming liable when they fail to carry out basic due diligence or fail to put a stop to illegal activity on their site once they are aware of it. The letter also recommends marketplaces be required to set up a robust verification system for traders.
In the case of secondary ticketing, the Digital Services Act offers the opportunity to put a stop to the exploitation of fans at the hands of ticket touts, who are able to operate on ticket resale sites across Europe under a veil of anonymity.
Amendments to the Commission’s proposal for the Digital Services Act are currently in discussion, with the Parliamentary committee responsible preparing to vote on the final text it wishes to take forward.
In the first ruling of its scale into Viagogo’s T&Cs, Austria’s Supreme Court (OGH) has ruled 42 separate clauses of the company’s general terms to ticket buyers and sellers illegal.
Viagogo will now have to amend all 42 clauses for Austrian consumers accessing the website via www.viagogo.com and www.viagogo.at.
Notable clauses that were deemed unlawful include:
No refund if lost: A clause stipulating that all sales are final so the buyer has no right to a refund or exchange if the ticket is lost, or the terms of the ticket sale are only partially fulfilled, e.g., if there is a date or time change.
Wide discretion on replacement tickets: A clause stipulating that if the seller does not deliver the tickets, Viagogo may, at its own discretion, decide whether to offer replacement tickets or refund the buyer.
Seat changes: A clause allowing the seller to change the seat to which the listing refers for a comparable seat without the buyer’s consent.
Refund for non-delivery: If tickets are not delivered to the buyer and returned to Viagogo more than three times, the buyer forgoes their right to a refund, regardless of whether they were at fault or not.
Liability disclaimers: A number of clauses purporting to exclude or limit Viagogo’s liability, such as for its own website and services.
Applicable law: A clause stating that Swiss law applies to contracts entered into on the Austrian site was illegal as consumers are protected under Austrian consumer law and have the right to sue the reseller before an Austrian court.
This is the second notable ruling in Austria in the past year. Last year, the OGH ordered Viagogo to better inform its buyers about the identity of ticket sellers and the type of ticket being sold by a seller before a purchase is made.
FEAT Campaign Lead Katie O’Leary added: “For a platform that claims to serve fans, the level of protection that Viagogo offers its users, as brought to light in this ruling, is shocking. We welcome the OGH’s decision and hope that it encourages other jurisdictions to ensure that their consumers are equally protected.”
Austria’s Supreme Court (OGH) has ordered Viagogo to better inform its buyers about the identity of ticket sellers and the type of ticket being sold by a seller before a purchase is made.
The ruling forces viagogo.at and any other Viagogo or similar websites affecting Austria to disclose the identity of ticket sellers, including name and address, and whether tickets are personalised, ahead of ticket purchase.
The verdict also means that for the first time, customers in Austria are protected from losses caused by misleading information or the absence of essential information by sellers, such as travel costs when access to the show is denied.
Furthermore, if Viagogo doesn’t ensure sellers’ compliance with the registration and the disclosure of their identities, the platforms themselves would be held accountable.
Until now, tickets on secondary platforms operating in Austria were sold anonymously, with buyers not informed when tickets were personalised, leading to them often being denied access to events.
The case against Viagogo was brought by the trade body for sports and leisure companies of the Upper Austrian Chamber of Commerce through the competition protection association, WSV. The basis for the lawsuit was the significantly inflated prices for tickets sold on Viagogo for cabaret events by Monika Gruber and Viktor Gernot, organised by Austrian events agency, Stage. The legal representation was taken over by the Linz-based competition law expert Dr. Johannes Hintermayr.
The Face-value European Alliance for Ticketing said: “The verdict is a remarkable step towards a fairer secondary market in Austria, as it not only forces ticketing transparency, but places responsibility at the feet of the platforms themselves. Congratulations to Dr. Hintermayr and the WVO who have led this extraordinary fight, and let it be one step of many towards the creation of an ethical market, which is all the more important in getting the industry back on its feet post-COVID-19.”
Japanese promoters’ association, the All Japan Concert and Live Entertainment Promoters Conference (ACPC) has issued a statement outlining their stance on touting, commenting that: “Ticket touting will not disappear tomorrow. From better education for consumers to strong enforcement, we will tackle the issue from all angles to help establish a fair ticketing system that truly puts fans first.”
The statement describes the secondary ticketing market as one of the events promotion industry’s most pressing issues and calls for a holistic approach to achieve “a healthy ticketing system worldwide.”
This follows the introduction of new anti-touting legislation in Japan last December, which bans ticket touting online and outside venues for events where the promoter has prohibited resale, as well as banning touts from buying tickets with the purpose of reselling them. Breaking this law is punishable with a fine of up to ¥1 million or one year in prison, or both. This is particularly timely given upcoming major sporting events in Japan: the Rugby World Cup starts in September 2019 and the Olympics begins in July 2020.
ACPC chair Takeo Nakanishi commented that he commends the work that FEAT is doing “to encourage better legislation in Europe”.
FEAT director Sam Shemtob commented that the alliance “support[s] the ACPC in their work towards preventing ticket touting in Japan at this pivotal time, and are delighted by the impact new anti-touting legislation will no doubt have.“We are confident that, as the live events industry and governments work together, a fairer ticket resale market can be achieved globally.”
17 April 2019:- MEPs have today voted to outlaw the use of specialised software (“bots”) to circumvent ticket purchasing rules, including maximum buying limits. The move, which marks the first time the EU has directly addressed the issue of ticket resale, will also strengthen existing regulation by requiring resellers to declare if they are a professional seller.
Captured as part of an initiative to
strengthen consumer rights and enforcement, the legislation sets the minimum
standard by which Member States must abide, and will allow for more stringent
provisions at national level, such as a complete ban on resale for profit.
Where there are bot measures already in place, such as in the UK, the ruling
will strengthen the hand of enforcement agencies, helping pave the way for a
fairer ticketing market.
This is the first time that the world’s largest
trading bloc has set a common standard for ticket resale in cultural and sports
events. A harmonised approach will prove critical in dealing with scalping, as
secondary ticketing companies often exploit the gaps between different
countries’ legislation.
Bots enable scalpers to make multiple ticket
purchases, pushing real consumers to the back of the queue. These tickets are
then resold at ridiculously inflated prices on secondary ticketing platforms. A
2019
study of bot activity estimated that 42.2% of activity on primary ticketing
platforms is attributable to bots compared to 56.9% human activity. The issue
is only likely to worsen as technology improves: the number of sophisticated
bots detected was 12.3% higher in 2019 than 2018.
Daniel Dalton MEP, member of the European
Conservatives and Reformists Group and rapporteur of the revised Unfair
Commercial Practices Directive in which the new legislation is captured, said:
“Everyone apart from touts lose out
from bot bulk buying of tickets, real fans either are unable to see their
favourite team or artist or forced to pay many times the face value price,
whilst event organisers are seeing their purchasing limits flagrantly violated.
So this first ever ban at a European level is an important first step, with the
possibility to go further in future depending on how the ban works in practice.”
Sharon Hodgson MP, Member of Parliament for
Washington and Sunderland West and Chair of the APPG on Ticket Abuse said: “It is welcome that the EU Parliament have
today voted to ban bots, which harvest tickets from the primary market in order
to sell for high profits on the secondary market. This new regulation
harmonises Europe with existing UK law on bots, and also allows member states
to strengthen existing legislation, which will protect consumers. Fans across
the world must not be priced out by the secondary ticket market using
parasitical methods to get tickets.”
Per Kviman and Virpi
Imonnen at the European Music Managers Alliance (EMMA) said: “This is a
positive step. The EU Parliament has recognised the growing public concern
about consumer exploitation in the secondary ticketing market. However, the
banning of “bots” is one small piece of the jigsaw. Tackling this issue requires
a more comprehensive approach, and we hope there is potential to build upon
this move.”
Johannes Ulbricht, lawyer for German Promoters
Association BDKV added: “BDKV supports
the initiative of FEAT, which is definitely a step into the right direction.”
Sam Shemtob and Katie
O’Leary of FEAT commented: “We welcome the move to curb the use of bots in
this first Europe-wide anti-touting law. As well as requiring professional
sellers to identify themselves, it also enables member states to go further and
potentially regulate the resale price of tickets.
“Most importantly, this represents the first step in
harmonising regulation across Europe. This approach is critical as we know
secondary ticketing companies like to exploit regulatory gaps. There is still
much to be done and we will be campaigning for tougher legislation in the next
parliamentary term.”
Representing promoters, managers, trade bodies
and grassroots consumer action groups, FEAT raised awareness of the issue at EU
level. This included helping propose text and coordinating lobbying for this
legislation’s inclusion.
Outside of the UK, it follows the introduction
of targeted bot legislation in the US, Ontario, South Australia and New South
Wales.
In a new report, the UK’s Department for Digital, Culture, Media and Sport has warned consumers to avoid the secondary ticketing platform Viagogo until it ‘fully complies with consumer law.’
Back in November 2018, the company received a court order demanding that they provide full information about tickets listed on their website, including listing seat numbers. Since then, they have refused to give evidence before the DCMS committee, and are currently facing further legal action from the Competition and Markets Authority.
The report’s key findings include:
Ticket resale for profit drains money out of the music industry – and loses tax revenue for the government
Enforcement of secondary ticketing legislation has seen some successes: StubHub, for example, is now in compliance with CMA and ASA rulings. However, Viagogo is still not compliant
The issue of bot attacks on ticketing sites is rife: Ticketmaster has blocked 20 billion bot attacks across its global platforms in 2017, but current regulations may not address the actual means by which touts harvest tickets. Touts also use multiple computers which are much harder to detect
It is time for companies such as Google to take more responsibility in enforcing AdWords regulations, so that secondary sites are not able to breach these policies when selling fraudulent tickets. The report urges the government to define the responsibilities of media companies such as Google, and enforce sanctions
“They have really listened to the live music industry, which contributes around £1bn a year to the UK economy, and their report is a real wake-up call for everyone who wants to safeguard live music.”
Adam Webb, campaign manager at FanFair Alliance, commented: “
“If a restaurant poses a risk to public health, we expect inspectors to close it immediately on grounds of consumer protection.
“Unfortunately, such powers of enforcement are seemingly absent when it comes to online ticket touting. So despite the huge consumer harm caused by Viagogo’s practices, and despite the best efforts of the Competition & Markets Authority and other regulators, the site has continued to operate in clear disregard of the law.
“This needs to change. Viagogo is already facing legal proceedings for contempt of court. While that case is pending, there is surely a compelling argument for the website to be temporarily blocked and for platforms like Google to cut off its advertising.”
The Danish Ministry of Culture has joined forces with the country’s top ticket providers, festivals, venues and consumer organisations to raise consumer awareness of illegal ticketing practises.
The social media campaign, which uses the hashtag #billetblind, aims to teach consumers the difference between official and illegal tickets vendors and how to avoid being sold fake tickets. It also aims to curb illegal resale.
Though legislation already outlaws the overpricing or forging of tickets, many consumers are still being misled into buying invalid tickets.
Launching on 5 April, consumers will be able to follow the hashtag #billetblind to learn more about how to protect themselves when buying tickets.
The campaign has been developed specifically for social media, and will use ticket advice, videos and surveys, to help live music fans understand illegal ticket sales and guide them to official ticket providers.
Minister for Culture Mette Bock commented:
“Few citizens can figure out the tricks and cheats of illegal ticket vendors, and many end up being cheated or paying much more for their tickets. It does not benefit the talented artists or the music and cultural industry as a whole. It is very positive that so many parties have now joined forces to help consumers on the road. ”
Face-value European Alliance for Ticketing (FEAT) launches to promote face-value ticket resale
Members include promoters for Adele, Arcade Fire, Björk, Bruce Springsteen, Christine and the Queens, Ed Sheeran, Iron Maiden, Elton John, Florence + the Machine, Red Hot Chili Peppers, Rolling Stones, Radiohead and Rammstein
Festivals include Doctor Music Festival, We Love Green, Peacock Festival, Once in a Blue Moon Festival, Hurricane and Southside
Already actively lobbying at EU level to improve ticket resale
Europe’s leading live music professionals have come together to form a new organisation, the Face-value European Alliance for Ticketing (FEAT), to promote face value resale across the continent.
While a number of initiatives aimed at tightening up ticket resale have begun in recent years, some of which, like the UK’s FanFair Alliance, have had considerable success, global platforms continue to operate with impunity, ignoring guidance, legislation and rulings from courts.
Launching today at renowned live music conference ESNS (Eurosonic Noorderslag), FEAT will build on the work of these initiatives to encourage better ticket resale practices via a continent-wide approach. FEAT’s focus includes:
Encouraging better legislation at national and EU level: coordinating lobbying efforts for better legislation to protect fans and artists and encouraging enforcement
Connecting live industry professionals: sharing knowledge and building consensus towards a fair and safe ticketing marketplace across Europe.
Collecting data and research: tracking artist and fan concerns, ensuring their interests are represented and voices are heard.
Working under the radar, FEAT is already actively involved in EU parliamentary discussions on secondary ticketing. FEAT has also been facilitating the formation of a legal group to coordinate activities on ticketing regulation and with search engines.
A non-profit organisation, FEAT will focus on the live music business and will build alliances with the full scope of the live entertainment industry including performing arts and sport.
The Alliance will be run by Sam Shemtob, a music business specialist who has been active in the UK’s All Party Parliamentary Group (APPG) on Ticket Abuse for several years, and colleagues Katie O’Leary and Dominic Athanassiou, who also participate.
Said Scumeck Sabottka, CEO, MCT-Agentur and FEAT Director: “We need to get this right as otherwise fans and artists alike will be robbed by thieves; if we all pull this together and get EU legislation to follow our lead, we can ultimately make it work”
Neo Sala, Founder & CEO, Doctor Music and FEAT Director: “Governments need to understand speculative ticket resale is an abusive and unethical practice that harms people, and they need to approve laws that make it virtually impossible. We need legal tools that facilitate the immediate preventive close down of websites that put tickets on sale without having been authorised by the organiser of the event.”
Sam Shemtob, FEAT Director: “The growth and effectiveness of grassroots movements against industrial ticket touting in the UK, France, Germany, Spain, Italy, Switzerland in recent years has been invigorating. The time has come for these these movements to connect, collaborate and speak as one at a European level, where MEPs are listening”
Adam Webb, Campaign Manager, FanFair Alliance: “The FanFair campaign has shown that legislation and regulation can have a disruptive impact on exploitative secondary ticketing and help foster a more consumer-friendly approach to ticket resale. There is still work to do in the UK and challenges ahead, but because of collective action the situation has improved markedly since 2016. Our focus will remain on these shores, but we are happy to share our experiences and support the activities of FEAT in building wider European networks and improving EU legislation.”
Sharon Hodgson, Member of Parliament of the United Kingdom & Co-Chair of the All Party Parliamentary Group (APPG) on Ticket Abuse: “As Chair of the APPG on Ticket Abuse, I have worked on this issue in the UK for almost a decade. In 2011, I proposed a Bill which would cap ticket resale at 10% above their face value. Unfortunately, this Bill did not pass into UK Legislation. Since then, I have been working with my cross-party colleagues, and the sector, in order to tackle unscrupulous ticket touts in the UK, who re-sell tickets for profit. It is time for legislation that puts fans first, and I am working closely with the UK Minister to try and find a solution to this. I am pleased to support the efforts of FEAT in dealing with this across Europe.”
Claire Turnham MBE, Victim of Viagogo: “We are delighted to welcome FEAT and support your commitment to improve the safety of ticket buyers across Europe. Having worked closely with the FanFair Alliance in the UK over the last two years, I have seen how effective a coordinated, collaborative, industry-wide campaign can be when it puts the fans at the centre of the issue.”
Per Kviman, Chair and Virpi Imonnen, Vice-Chair, European Music Managers Alliance (EMMA): “In the last decade we’ve seen the live industry flourish, with revenues from concerts and festivals becoming the primary source of income for artists and musicians. But this has come at a price, and, spurred on by the rise of the internet, the secondary ticketing market has thrived, draining money away from fans, artists and the industry. It is great that FEAT has formed to enable us to work together on a European level to share experiences and knowledge and help better the market.”
Founding members
Ben Giezenaar – Co-Founder, Greenhouse Talent, Netherlands (Once in a Blue Moon Festival, Justin Bieber) Christof Huber – Managing Director, Incognito, wepromote, Switzerland (Imagine Dragons, George Ezra) Folkert Koopmans – CEO, FKP Scorpio, Germany (Ed Sheeran, Rolling Stones, Foo Fighters) Kim Worsøe – Director, ICO, Denmark (The 1975, Sam Smith, Disturbed) Neo Sala – Founder & CEO, Doctor Music, Spain (Adele, Rolling Stones, Bruce Springsteen, Doctor Music Festival) Olivier Darbois – Director, Corida, France (Christine and the Queens, Justice – produced worldwide, Kraftwerk, Radiohead – promoted France) Pascal Van De Velde – Founder & CEO, Greenhouse Talent, Belgium & Netherlands (Elton John, Katy Perry) Peter Aiken – Managing Director, Aiken Promotions, Ireland (Bruce Springsteen, Rolling Stones, Ed Sheeran, Adele) Philippe Cornu – Founder, wildpony, wepromote, Switzerland (Muse, Rammstein) Scumeck Sabottka – CEO, MCT-Agentur, Germany (Red Hot Chili Peppers, Pearl Jam, Lykke Li, Björk, Rammstein, Florence + the Machine) Vincent Sager – Managing Director, Opus One, Switzerland (Arcade Fire, Iron Maiden)
Supporters
FanFair Alliance Sharon Hodgson, Member of Parliament of the United Kingdom & Co-Chair of the All Party Parliamentary Group on Ticket Abuse European Music Managers Alliance Claire Turnham MBE, Victim of Viagogo Guy Osborn, Professor of Law, University of Westminster Mark James, Professor of Sports Law, Manchester Metropolitan University
Thanks to…
Adam Webb (FanFair Alliance), Annabella Coldrick (MMF), Dominic McGonigal (C8 Associates), Helen Smith (IMPALA)
We’re very happy to announce that FEAT will be hosting a panel on secondary ticketing at this year’s Eurosonic Noorderslag Festival in Groningen.
The panel will discuss whether regulation is the answer to the secondary ticketing problem, exploring recent legislative action in Europe, such as moves in Italy and Ireland to ban ticket resale and rulings by the Competition and Markets Authority in the UK against Viagogo.
Panellists include Dany Hassenstein, Booker for Paléo Festival Nyon, Promoter at Opus One, and an executive board member of the Swiss Music Promoter Association (SMPA); Aline Renet, Director of Institutional Relations and Institutional Advisor at Prodiss; Ben Challis, UK lawyer specialising in music and entertainment law and General Counsel for Glastonbury; and Rammstein’s legal advisor Sebastian Ott. It will be moderated by FEAT’s Sam Shemtob.
The French Constitutional Council has rejected an attempt by Viagogo and Ticketbis to contest a law that criminalises the resale of tickets for events without the authorisation of the promoter.
Currently, touts are liable to pay fines of up to €30,000 for touting at events that they have not received permission from the event organiser or rightsholder to sell tickets.
The Council commented: “by introducing the contested provisions, the legislature has, on the one hand, intended to prevent disturbances to public order in certain events, particularly sporting events“.
“Indeed, the implementation of certain security measures, such as the administrative or judicial prohibitions of access to these events or the control of the placement of the audience, which rely on the identification of persons purchasing these titles, may be hampered by the resale of access rights“.
The Council also maintained that it wanted to guarantee that consumers had access to sporting, music and cultural events.
The decision has been welcomed by France’s live music association Prodiss, several other live music organisations, and the French Prime Minister.
Malika Séguineau, Director of French Live Music Association at Prodiss, commented: “This decision strongly reinforces the French law. The law protects the consumers, the fans, the artists and the promoters, against the drifts engendered by the illicit resale of tickets. We welcome today’s decision, especially as Prodiss, alongside several promoters, have parallelly filed a criminal action against Viagogo. The judge is soon to be appointed. Our legal actions go alongside our campaign www.fanpasgogo.fr”
The move has been supported by the French Prime Minister and several major sport and live music organisations, including: Association Nationale des Ligues de Sport Professionnel (ANLSP), the Fédération Française de Rugby (FFR), the Fédération Française de Tennis (FFT), the Fédération Internationale de Football Association (FIFA), GIP France2023 , the Ligue Nationale de Rugby (LNR), Première Ligue, Société des Auteurs, Compositeurs et Editeurs de Musique (SACEM), Syndicat national du spectacle musical et de variété (Prodiss), and Union of European Football Associations (UEFA).
The consumer organisation Fédération romande des consommateurs (FRC, The Consumer Federation for French-speaking Switzerland) has launched a campaign to fight ticket touting and raise awareness of official ticket sellers among consumers.
Entitled ‘Ticket Check’ the programme aims to help consumers identify official ticket sale and resale points. A logo has been created to help identify the official platforms.
The FRC claims to receive daily complaints from people who feel they were cheated when they bought tickets online. The campaign recommends that consumers should not use the first ticket-selling website that they see at the top of search results when using Google or Bing. In most cases these websites are unauthorised platforms that are not official event partners.
Supporters of the campaign include UEFA, SMPA, Opus One, SecuTix among others.
More information can be found via the FRC website.
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