Is Scalping Tickets Legal in New Hampshire After the 2026 Regulatory Updates?

Yes, ticket scalping is legal in New Hampshire under specific conditions, but it is subject to strict regulatory oversight by the New Hampshire Attorney General’s Office and local ordinances. State law permits resale at or below face value or with a 10% markup, while commercial platforms must register with the AG’s Consumer Protection Bureau. Violations risk fines up to $10,000 per offense under RSA 358-A.

Key Regulations for Scalping Tickets in New Hampshire

  • Price Caps: Resale prices cannot exceed 110% of the original ticket value, excluding fees. This aligns with RSA 358-A:10, which prohibits “unconscionable” pricing.
  • Registration Requirements: Third-party resale platforms (e.g., StubHub, Vivid Seats) must file annual disclosures with the AG’s Office, effective after the 2023 amendments to RSA 358-A.
  • Venue-Specific Bans: Municipal venues (e.g., NH Motor Speedway, Portsmouth Music Hall) may impose additional restrictions via local ordinances, enforceable through local police or code enforcement.

Violations are adjudicated by the AG’s Consumer Protection Division, which prioritizes cases involving fraudulent listings or price gouging during high-demand events (e.g., concerts, sports). The 2026 compliance update requires platforms to display original ticket prices prominently, a shift driven by bipartisan pressure to curb hidden fees. Non-compliant sellers face cease-and-desist orders or civil penalties.