The short answer: Ticket scalping is legal in Oregon, but the new 2026 regulations impose strict licensing, pricing caps, and consumer‑protection requirements that many traditional scalpers cannot meet. While the state has never outright banned resale, the 2026 amendments to Oregon Revised Statutes § 475.015 and the Oregon Administrative Rules now define “ticket resale business” and require sellers to register, disclose original prices, and limit mark‑up to 20 percent above face value for most events. Violations can lead to civil penalties of up to $5,000 per ticket and possible injunctions. Understanding these changes is crucial for buyers, sellers, and event organizers who want to stay on the right side of the law.
What the 2026 Oregon Ticket Resale Law Changes
In January 2026 Oregon enacted a comprehensive overhaul of its ticket resale framework. The legislation distinguishes between casual resale (a private individual selling a single ticket) and a commercial resale operation. Commercial sellers must now obtain a Ticket Resale License from the Oregon Department of Justice, file annual financial statements, and adhere to a price‑cap formula that limits markup to 20 percent above the ticket’s face value, except for premium “VIP” tickets expressly authorized by the venue. The law also mandates clear disclosure of the original price, seat location, and any service fees on every advertisement.
Key Provisions That Affect Scalpers
- Licensing Requirement – Any entity that sells more than five tickets in a calendar year must register. Failure to do so is considered an unlicensed resale, subject to civil action.
- Price‑Cap Enforcement – The 20 percent ceiling applies to concerts, sports, and theater events. For “dynamic‑pricing” events, the cap is calculated using the venue’s published base price.
- Consumer Disclosure – Advertisements must include the original ticket price, the resale price, and a statement that the seller is licensed. Missing disclosures trigger a $250 fine per ticket.
- Data‑Sharing Obligation – Licensed resellers must provide weekly transaction reports to the state’s Ticket Resale Oversight Board, enabling real‑time monitoring for price gouging.
These provisions are designed to curb mass‑scale scalping while preserving the ability of individuals to sell a spare ticket.
Enforcement and Penalties
The Oregon Department of Justice, in coordination with local prosecutors, can issue civil injunctions to stop unlicensed operations. Penalties range from $250 to $5,000 per ticket for each violation of the price‑cap or disclosure rules. Repeat offenders may face criminal misdemeanor charges if the conduct is deemed willful and fraudulent. The state also empowers venues to block sales from non‑compliant platforms, effectively cutting off access to high‑traffic markets.
Implications for Consumers and Event Organizers
For ticket buyers, the new rules mean more transparent pricing and reduced risk of exorbitant mark‑ups. Consumers can verify a seller’s license through the Oregon Ticket Resale Registry, an online portal launched alongside the law. Event organizers benefit from a level playing field: authorized resale channels are easier to monitor, and venues can enforce contract clauses that prohibit sales through unlicensed third parties. However, some high‑demand events may still experience limited secondary market availability, as the price‑cap restricts profitability for larger resellers.
Is reselling a single ticket still allowed without a license?
Yes. Oregon law permits casual resale of up to five tickets per year by an individual without requiring a license, provided the seller discloses the original price and does not exceed the 20 percent markup limit.
Can a scalper sell tickets on national platforms like StubHub?
Only if the seller holds a valid Oregon Ticket Resale License and the platform’s listing complies with Oregon’s disclosure and price‑cap rules. Unlicensed listings are subject to removal and penalties.
What defines a “VIP” ticket exempt from the 20 percent cap?
A VIP ticket is one that the venue or promoter designates as a premium offering with distinct benefits (e.g., backstage access). The promoter must provide written authorization, and the resale price may exceed the standard cap but cannot be more than 50 percent above the original VIP price.
How can consumers verify a reseller’s license?
The Oregon Ticket Resale Registry allows users to search by business name or license number. Licensed sellers are marked with a green check‑mark and a link to their most recent compliance filing.
What are the penalties for non‑compliant venues that allow unlicensed resale?
Venues that knowingly facilitate unlicensed resale can face civil fines of up to $10,000 per violation and may be required to implement corrective measures, including revoking access for offending sellers.