Concert Ticket Fees: The Fight for Fair Pricing

When Bruce Springsteen announced his 2023 U.S. tour, fans undoubtedly expected high demand for tickets.¹ What they did not expect were prices exceeding $4,000 for seats that would normally cost a fraction of that.² The primary culprit was “dynamic pricing,” a practice that adjusts prices in real-time based on demand.³ Additionally, concertgoers reported paying approximately twenty percent of the face value of the ticket in service fees at checkout.⁴ Excessive fees in live entertainment are hardly new, and consumers to this day continue to complain that the final price they pay rarely mirrors the advertised face value of a ticket.⁵  

For many consumers, this is not only a nuisance but an unfair and predatory practice designed to charge as much money to the consumer as possible. These so-called “junk fees” fall precisely within the Federal Trade Commission’s efforts to cut down on hidden or deceptive costs across industries.⁶ The FTC’s Rule on Unfair or Deceptive Fees officially took effect on May 12, 2025.⁷ This rule requires ticket sellers to display the total price upfront and prohibits the common practice that lures consumers with artificially low prices before layering on unavoidable fees at checkout.⁸ 

The FTC’s authority to regulate these practices derives from Section 5 of the Federal Trade Commission Act, which prohibits “unfair or deceptive acts or practices in or affecting commerce.”⁹ In FTC v. Sperry & Hutchinson Co., the Supreme Court confirmed that the Commission’s reach extends beyond antitrust enforcement to practices harmful to consumers, even absent traditional competition concerns.¹⁰ Hidden fees are a classic example of this, as they innately mislead consumers at the time of purchase, reduce price transparency, and impede comparison shopping. 

Hidden fees create a sense of affordability, pushing consumers into decisions they might not otherwise make if the full cost were displayed upfront. The outrage over dynamic pricing displays this tension.¹¹ While Ticketmaster’s dynamic pricing is no secret, the practical effect of turning nearly $200 seats into $700 in minutes feels indistinguishable from price-gouging to consumers.¹² Price gouging laws, however, are typically limited to states of emergency, such as natural disasters, and have not been extended to such events.¹³ 

Congress has taken notice of the issue, as in 2023, the Senate Judiciary Committee held hearings on Ticketmaster’s practices, with bipartisan support against excessive fees and limited consumer choice.¹⁴ President Biden called for the elimination of junk fees, stating they were “unfair” to Americans.¹⁵

Meanwhile, in March 2025, President Donald Trump signed an executive order targeting “exploitative ticket scalping” and mandating price transparency at every stage of ticket purchase, including the secondary market.¹⁶ The order directed the FTC, the Department of Justice, and the Treasury to enforce existing laws such as the Better Online Ticket Sales (BOTS) Act and caps on resale prices.¹⁷ Trump stated that the legislation was needed and that he wants the “fans to have fair ticket prices.”¹⁸ Junk fees have transcended partisan lines and gained traction within both parties’ policy agendas. In an era of extreme polarization, few issues have cut across ideological boundaries the way excessive ticket pricing has. 

Springsteen’s manager defended the use of dynamic pricing, stating that his team chose to align with “industry standards.”¹⁹ However, this neglects the fact that industry standards are set by dominant figures and companies, without any consideration for consumers. When fans face no alternative to paying inflated fees, disclosure alone cannot cure the imbalance. 

Transparency rules, while helpful, do not go far enough. When virtually all major venues are tied to Ticketmaster through exclusive contracts, consumers cannot simply choose a different provider with lower fees.²⁰ Even with clearer disclosures, the lack of alternatives keeps consumers trapped.  

The Springsteen ticketing controversy was not an isolated occasion but another example of when hidden costs present a barrier for consumers. Agencies like the FTC should continue to enforce upfront, all-in pricing to ensure consumers are not deceived at the point of purchase. On the other hand, Congress should consider structural reforms such as limits on exclusive venue contracts, caps on resale markups, or targeted antitrust enforcement that expand real consumer choice. Without tackling both deceptive practices and market power, reforms risk becoming a cosmetic fix, leaving fans paying monopoly prices without anything to do about it. 

[1], [4] Bruce Springsteen and the E Street Band Add North American Shows in 18 Cities to Their 2023 International Tour, BRUCE SPRINGSTEEN (Feb. 24, 2023) https://brucespringsteen.net/news/2023/bruce-springsteen-and-the-e-street-band-add-north-american-shows-in-18-cities-to-their-2023-international-tour/.

[2] Bryan Rolli, Bruce Springsteen Addresses $5,000 Ticket Pricing Controversy, ULTIMATE CLASSIC ROCK (Nov. 18, 20220 https://ultimateclassicrock.com/bruce-springsteen-dynamic-pricing-controversy/.  

[3] Bruce Springsteen Fans Experience Sticker Shock, YAHOO! ENTERTAINMENT (Jul. 20, 2022) https://www.yahoo.com/entertainment/bruce-springsteen-fans-experience-sticker-011349483.html. 

[5] Joslyn Weber, The Cost and Value of a Bruce Springsteen Concert, COLUMBIA MISSOURIAN (Feb. 24, 2023) https://www.columbiamissourian.com/opinion/local_columnists/the-cost-and-value-of-a-bruce-springsteen-concert/article_4cbaa3cc-b453-11ed-8cc2-ab089d619324.html. 

[6] Transcript of FTC Hearing on Deceptive Fees, FEDERAL TRADE COMMISSION https://www.ftc.gov/system/files/ftc_gov/pdf/transcript-deceptive-fees.pdf. 

[7], [8] FTC Rule on Unfair or Deceptive Fees Takes Effect May 12, 2025, FEDERAL TRADE COMMISSION (May 5, 2025) https://www.ftc.gov/news-events/news/press-releases/2025/05/ftc-rule-unfair-or-deceptive-fees-take-effect-may-12-2025. 

[9] 15 U.S.C. § 45(a)(1). 

[10] See FTC v. Sperry & Hutchinson Co., 405 U.S. 233, 244 (1972). 

[11] See Why We Hate Dynamic Pricing, FAST COMPANY (Aug. 8, 2025) https://www.fastcompany.com/91382156/why-we-hate-dynamic-pricing.

[12] Bruce Springsteen Ticketmaster Ticket Prices Rise Thousands via Dynamic Pricing, VARIETY (Jul. 20, 2022) https://variety.com/2022/music/news/bruce-springsteen-ticketmaster-ticket-prices-rise-thousands-dynamic-pricing-1235321657/.  

[13] Matt Zwolinski, The Ethics of Price Gouging, 18 BUSINESS ETHICS Q. 347 (2008), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1099567. 

[14] Taylor Swift Ticketmaster Senate Hearing, NPR (Jan. 24, 2023) https://www.npr.org/2023/01/24/1150942804/taylor-swift-ticketmaster-senate-hearing-live-nation. 

[15] Remarks by President Biden on Protecting American Consumers from Junk Fees, THE WHITE HOUSE (Oct. 26, 2022) https://bidenwhitehouse.archives.gov/briefing-room/speeches-remarks/2022/10/26/remarks-by-president-biden-on-protecting-american-consumers-from-junk-fees/. 

[16], [17], [18] Trump Plans Executive Order Targeting Ticket Scalping, According to Document, REUTERS (Mar. 31, 2025) https://www.reuters.com/world/us/trump-plans-executive-order-targeting-ticket-scalping-according-document-2025-03-31/.  

[19] Bruce Springsteen’s Manager Defends Steep Ticket Prices As High as $5,000, Daily Mail (Jul. 28, 2022) https://www.dailymail.co.uk/news/article-11059475/Bruce-Springsteens-manager-DEFENDS-steep-ticket-prices-high-5-000.html. 

[20] U.S. Sues to Break Up Ticketmaster and Live Nation, Alleging Monopoly Abuse, WIRED (May 23, 2024) https://www.wired.com/story/ticketmaster-live-nation-doj-antitrust-lawsuit/.