HOLDBACKS Act
- Sponsor
- Rep. Pou, Nellie [D-NJ-9]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Jul 16, 2026
Bottom line
The HOLDBACKS Act aims to enhance transparency and fairness in the primary ticket market by requiring upfront disclosure of ticket availability and total costs, while also banning practices that artificially inflate prices.
What it actually does
This bill mandates that primary ticket sellers disclose the total number of scheduled occurrences, available tickets, and the all-inclusive total cost for each event at least seven days before tickets go on sale. It also explicitly prohibits these sellers from withholding tickets to artificially inflate prices or from providing misleading information about ticket availability once sales have begun. The Federal Trade Commission is tasked with enforcing these new requirements.
Proponents argue
Supporters argue that this legislation is crucial for protecting consumers from predatory pricing, hidden fees, and deceptive practices that create artificial scarcity in the live event ticketing market. They contend it will ensure fair access to tickets and empower buyers with complete, transparent information, leading to more equitable pricing.
Opponents contend
Opponents might argue that the bill interferes with legitimate market dynamics and business practices, such as dynamic pricing, which allows sellers to optimize revenue and manage demand. They could also contend that defining and enforcing 'fair market value' will be challenging, potentially leading to unintended consequences like increased activity in the unregulated secondary market or reduced revenue for artists and venues.
The bill is concise and clearly written, allowing a reader to quickly grasp its core provisions and implications.
Section 2(a)(1)
Mandated Ticket Availability and Cost Disclosure
This provision requires primary ticket sellers to clearly and conspicuously disclose specific information at least seven days before tickets are first offered for primary sale. This includes the total number of scheduled occurrences, the total number of available tickets for the general public for each occurrence, and the total, all-inclusive cost of an individual ticket. This information must be available on the seller's website and at the venue's box office. An exception is made for sporting events where the total number of occurrences is contingent, such as playoff series.
Supporters argue
Supporters argue this provision empowers consumers by giving them complete information upfront, preventing hidden fees and artificial scarcity that drive up prices. It ensures a level playing field and fair access to popular events by making the true supply and demand transparent.
Critics contend
Critics might contend that requiring such early and detailed disclosure could limit a seller's ability to respond to market demand, potentially leading to tickets being undersold or creating new avenues for scalpers if initial prices are too low. It could also be administratively burdensome for sellers to provide such precise figures so far in advance.
Tradeoffs
This provision balances consumer protection through transparency against the flexibility of primary ticket sellers to manage inventory and pricing in a dynamic market, potentially impacting their revenue models.
Section 2(a)(2)
Prohibition on Ticket Withholding and Dynamic Pricing Manipulation
This section explicitly forbids primary ticket sellers from withholding tickets from the general public for a scheduled event with the purpose of inflating ticket prices beyond their fair market value. It also prohibits concealing or providing misleading information about the number of tickets available for sale to the public once the initial offering has begun. This aims to prevent artificial scarcity and price manipulation.
Section 2(b)
Federal Trade Commission Enforcement
This section designates any violation of the bill's transparency and prohibition requirements as an unfair or deceptive act or practice under the Federal Trade Commission Act. This grants the Federal Trade Commission (FTC) the authority to enforce the bill's provisions using its existing powers, jurisdiction, and duties, including imposing penalties and providing privileges and immunities as outlined in the FTC Act.