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Usually, yes—but only within the rules that apply to the event and transaction. The Federal Trade Commission’s Rule on Unfair or Deceptive Fees, effective May 12, 2025, does not set a nationwide fee amount or resale-markup percentage. It requires sellers to show the total price, including mandatory fees, and to disclose what each charge is for before requesting payment. State and District of Columbia laws may separately cap a resale price, limit a marketplace fee, restrict price increases after ticket selection, or allow only narrow delivery and government-charge exceptions.
The event’s location, whether the ticket is sold by the original issuer or resold, and whether a fee is mandatory determine the answer. There is no single nationwide percentage that every ticket seller may charge.
What the federal rule allows—and what it requires
The FTC’s rule covers businesses offering live-event tickets, including primary sellers, third-party platforms and resellers. Its central purpose is price transparency rather than price control. The Commission says businesses are not prohibited from charging a particular fee, setting a particular amount or using a particular pricing strategy. Instead, mandatory charges must be included in the total price shown when a ticket price is displayed.
The rule also requires disclosure of the nature, purpose and amount of charges, followed by the final payment amount before the consumer is asked to pay. The FTC describes the rule as prohibiting bait-and-switch pricing and tactics that hide the total price or mislead consumers about ticket fees.
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When an online fee is mandatory
A payment-processing, electronic-ticket delivery, convenience or similar add-on is mandatory when the consumer cannot complete the same transaction and obtain the ticket without paying it. That fee belongs in the displayed total price. Calling it a processing fee instead of a service fee does not remove the obligation to include it.
A charge that is genuinely optional can be treated differently under the federal rule if the consumer can complete the purchase without selecting it. For example, an optional upgrade that can be declined is not the same as a compulsory charge. State law can impose additional disclosure or pricing requirements, so sellers must check both regimes.
How a markup limit interacts with a service fee
A markup cap and an all-in pricing rule address different questions:
- All-in pricing asks: What total must be shown to the buyer, and when?
- A markup or fee cap asks: How high may the resale price or marketplace charge be?
- Post-selection rules ask: May the displayed total rise after the buyer selects a ticket?
A seller can therefore face both requirements at once. A fee may be lawful in type and amount under the federal rule but still exceed a state cap. Conversely, a fee may fit within a state limit but violate federal or state disclosure rules if it is added late or hidden until checkout.
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In a primary sale, the original issuer sells the ticket to the first purchaser. In a resale, a holder or secondary marketplace offers a ticket that was already issued. Some laws regulate both transactions; others focus on resale platforms or secondary exchanges. The place where the event occurs generally controls state or district ticket rules, even if the platform or buyer is elsewhere.
State and district rules at a glance
| Jurisdiction | What is limited | Upfront total-price rule | Can the total rise after selection? | Permitted exceptions or special conditions | Covered sellers |
|---|---|---|---|---|---|
| North Carolina | No single percentage cap is stated in the cited provision. The law requires the total price to include mandatory fees and any maximum order-processing fee when a price is displayed. | Yes. The displayed total must include mandatory fees. | The initial total cannot increase during the ticketing session except for listed additions. | Actual nonelectronic delivery charges, government taxes or fees, and a reasonable order-processing fee may be added when disclosed before purchase. | Ticket issuers, resellers and secondary ticket exchanges. |
| New York | No numeric resale cap is stated in the cited licensing provision. It describes a fee-free facilitation condition for possible licensing-fee waivers. | Yes. Total cost, including required ancillary fees, and the dollar portion representing a service charge or other fee must be disclosed before purchase. | The cited material does not establish one universal post-selection rule. | Under the fee-free licensing condition, fees, surcharges and service charges may not be charged above the established price, except reasonable actual delivery charges. | Operators, licensees, ticket resellers and resale platforms. |
| Connecticut | The cited provision does not set a numeric markup percentage. | Yes. The total price, including required service charges, must be disclosed before the ticket is selected. | Generally no. The total may not increase between selection and purchase. | A reasonable nonelectronic-delivery service charge based on the selected method may be added if disclosed before purchase. | Anyone facilitating a ticket sale or resale. |
| Rhode Island | The service charge is capped at $3 or 10% of the printed ticket price, whichever is greater. The ticket may not be sold above the printed price including tax plus that reasonable charge for services actually rendered. | The cap controls the permitted service charge; required pricing information must still be disclosed. | The cited cap provision does not create a separate universal timing rule. | The service must actually be rendered, and the charge must remain within the $3-or-10% ceiling. | Ticket sellers subject to the state’s ticket-pricing law. |
| District of Columbia | Law 26-181 (2026) establishes a resale-price ceiling of 20% above the initial ticket total price and a secondary-exchange marketplace-fee framework of 5% to 20% of that initial total price. | The framework operates alongside applicable total-price disclosures. | Implementation details and later rule adjustments may affect how the framework is applied. | The law is subject to statutory implementation; sellers should verify current administrative rules. | Resellers and secondary ticket-exchange marketplaces within the law’s scope. |
North Carolina: mandatory fees must appear in the first total
North Carolina requires a ticket issuer, reseller or secondary ticket exchange to display a total price that includes mandatory fees and any maximum order-processing fee when the ticket price is displayed. During the ticketing session, that initial total generally cannot increase.
The law permits limited additions: actual charges for nonelectronic delivery, government taxes or fees, and a reasonable order-processing fee. Each permitted amount must be disclosed before purchase. A seller cannot use the exception to introduce an unexplained platform surcharge after the buyer has committed to a ticket. Violations are treated as unfair trade practices.
New York: disclosure plus a fee-free licensing condition
New York requires operators, licensees, resellers and resale platforms to disclose the total cost before purchase. That total must include ancillary fees required to obtain the ticket, and the seller must identify the dollar amount that represents a service charge or other fee.
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New York’s licensing statute also describes a fee-free facilitation condition. Licensing fees may be waived when a facilitator charges no fees, surcharges or service charges above the established price, other than reasonable actual delivery charges. This is a condition tied to licensing treatment, not a statement that every ticket seller is subject to a universal zero-fee rule. A platform should determine whether it is relying on that condition or operating under another licensing basis.
Connecticut: price lock after the ticket is selected
Connecticut requires anyone facilitating a ticket sale or resale to disclose the total price, including required service charges, before the consumer selects the ticket. Once a ticket is selected, the total generally may not increase before purchase.
The narrow exception is a reasonable nonelectronic-delivery service charge. It must reflect the delivery method the buyer selected and be disclosed before purchase. A generic processing fee that appears only on the final payment screen does not fit that description merely because it is labeled as delivery-related.
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Rhode Island: a specific service-charge ceiling
Rhode Island supplies a clear numerical example. A ticket may not be sold above its printed price, including tax, plus a reasonable service charge for services actually rendered. The service charge is capped at $3 or 10% of the printed price, whichever is greater.
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Illustrative calculation
Assume a printed ticket price of $100. Ten percent is $10, which is greater than $3, so the maximum service charge under this formula is $10. The permitted amount would be the printed price including tax plus that service charge, provided the charge is for services actually rendered. This example illustrates the formula; it does not determine taxes or other charges in a particular transaction.
District of Columbia: a resale and marketplace-fee framework
D.C. Law 26-181, enacted in 2026, establishes a framework under which a resale price may not exceed 20% above the initial ticket total price. It also sets a secondary ticket-exchange marketplace-fee range of 5% to 20% of the initial total price.
The law is subject to statutory implementation and potential later rule adjustments. A marketplace should not assume that the resale ceiling and marketplace-fee range can be stacked in any manner it chooses. It must apply the operative statute and regulations in force for the event and transaction, while separately satisfying all-in disclosure requirements.
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How sellers should price a transaction
- Identify the governing location. Start with the state or district where the event takes place. Check whether the venue, event type or seller category triggers a special provision.
- Classify the sale. Record whether the original issuer is making a primary sale or whether a reseller or secondary exchange is offering an already-issued ticket.
- Separate mandatory and optional amounts. List every charge the buyer must pay to obtain the ticket in that transaction. Treat processing, convenience and electronic-delivery charges as mandatory when the purchase cannot proceed without them.
- Calculate any cap. Apply the applicable resale-price, service-charge or marketplace-fee formula before publishing the offer. In Rhode Island, compare $3 with 10% of the printed price and use the greater amount for the service-charge ceiling. In D.C., compare the resale offer with the initial total price and the 20% limit, then apply the marketplace-fee framework as required by current implementation rules.
- Display the all-in total at the first price display. Include mandatory fees and identify the nature, purpose and amount of charges. In Connecticut, this disclosure must occur before the ticket is selected.
- Lock the displayed amount when required. Do not add a new charge after selection where state law bars an increase. If a delivery or government-charge exception applies, disclose it before purchase and retain the calculation.
- Preserve transaction records. Keep the displayed total, fee breakdown, selected delivery method, tax or government-charge calculation and the final receipt. These records help demonstrate that the amount shown at each stage matched the applicable rule.
How buyers can check whether a fee is lawful
- Check the event location, not just the seller’s address. The event state or district may impose rules that differ from the platform’s home jurisdiction.
- Look for the total before selecting or paying. A low ticket price followed by mandatory fees at checkout is a warning sign under all-in pricing requirements.
- Ask whether the charge is compulsory. If the buyer cannot obtain the ticket without paying it, it should generally be included in the displayed total.
- Compare the fee with the local formula. Rhode Island’s $3-or-10% rule and D.C.’s 20% resale framework are different from disclosure-only provisions.
- Watch for post-selection increases. In North Carolina and Connecticut, the rules restrict increases after the initial total or ticket selection, subject to specified exceptions.
- Save evidence. Screenshots showing the first price, selected ticket, fee breakdown and final payment amount are useful if the transaction appears inconsistent with the applicable law.
Common mistakes that create fee violations
Calling a mandatory charge optional
A fee is not optional merely because the checkout page labels it “convenience” or “processing.” If the transaction cannot be completed without it, the charge belongs in the total price.
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Showing a base price first and the total later
Displaying an attractive ticket price and revealing mandatory charges only at the payment screen defeats the purpose of all-in pricing. The total must be shown at the point required by the applicable federal and state rules.
Assuming a federal disclosure rule creates a cap
The FTC rule does not authorize a particular markup. A seller can comply with federal disclosure requirements and still violate a state resale or service-charge limit.
Adding a fee after selection without checking exceptions
North Carolina and Connecticut allow only defined additions, such as actual nonelectronic delivery charges or government amounts, and require disclosure before purchase. A late-added fee with no qualifying basis is risky even if its dollar amount is small.
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Rhode Island has a specific service-charge ceiling; D.C. has a 2026 resale and marketplace-fee framework; New York’s cited provision emphasizes disclosure and a licensing condition; and Connecticut focuses strongly on disclosure before selection and price stability afterward. The correct compliance test depends on the event and transaction.
Bottom line for sellers and buyers
Ticket sellers can often add service fees when a markup limit applies, but the fee must survive two separate tests. First, mandatory charges must be included in the required upfront total and identified clearly under the FTC rule and applicable state law. Second, the combined resale price or marketplace fee must remain within any jurisdiction-specific cap. Because state rules differ and can change, sellers should verify the law in the event location, while buyers should judge the offer by its all-in price rather than the advertised base ticket.
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