Sparks fly over ticketing reforms in stopgap

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Dec 18, 2024 View in browser
 
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By Caitlin Oprysko

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With Daniel Lippman 

NOW WE GOT BAD BLOOD: Congressional leaders released the text of their long-awaited stopgap spending bill last night, and among the unrelated measures hitching a ride — presumably, to the president’s desk — is a ticketing reform bill that prompted an eleventh-hour burst of lobbying among the entertainment industry.

— Although its exact path forward appears murky at the moment, the CR includes a version of the bipartisan TICKET Act, which would require upfront disclosure of the all-in price of tickets including any fees and institute consumer protections regarding refund policies and deceptive websites.

— It would also ban speculative ticket sales, or sales of tickets not actually in the possession of the seller. It would not, however, prohibit practices like concierge or “seat saver” services offered by secondary ticketing platforms — so long as those services are explicitly designated as such.

— The language drew condemnation from Fix The Tix, an industry coalition whose members include venues, promoters, record labels and artists. “It basically makes the speculative ticketing ban … not one, because it creates a carve out and a loophole” that primarily benefits secondary ticketers like resale platforms and ticket brokers, said Stephen Parker, executive director of the National Independent Venue Association, which leads Fix The Tix.

— The coalition asked supporters to flood congressional offices with their concerns about the TICKET Act, arguing it doesn’t go far enough.

— “The loophole for the continued sale of speculative and fake tickets is a nonstarter with the artist community, with the venue and live performance community, and with the fans that ultimately need to be protected,” Parker said Tuesday. In a text today, Parker told PI that “it’s unfortunate that Congress is taking the side of predatory resellers over those of artist[s] and fans.”

— A congressional aide familiar with the matter pushed back on the criticism. “You can't sell a ticket that you don't have, and that is not undermined by allowing a consumer the option to not have to stand in a virtual queue … if they're busy and they don't have three hours of their time on a Tuesday morning to do that,” the aide told PI.

— The last-minute lobbying blitz sparked accusations that Fix The Tix was moving the goalposts on reform, including from consumer groups like the Sports Fans Coalition and National Consumers League, that have received funding from resellers like StubHub and VividSeats and that have pushed to preserve reselling options in ticketing reforms.

— A Senate bill negotiated by industry stakeholders last summer, and held up by Fix The Tix as ideal comprehensive ticketing reforms, includes a provision on concierge ticket services virtually identical to that of the TICKET Act. Fix The Tix came out against the language in the TICKET Act last November, even though the coalition offered tepid praise when it passed the House in May — comments consumer groups seized on over the past few days.

Brian Hess, head of the Sports Fans Coalition, accused Fix The Tix of “suddenly oppos[ing] the bill for what seems like pure politics so they can continue pushing an anti-fan agenda in state legislatures next year.”

— Parker did point to a flurry of state laws passed in the last year banning speculative ticket sales — without any exceptions — as an inflection point. “We now know from our conversations in those states that [concierge ticketing services] are extraordinarily harmful to fans,” he said, calling the services “a significant driver of price gouging in the ticketing market.”

— While Parker said the coalition will continue to push for passage of the Fans First Act in the next Congress, he indicated that Fix The Tix would shift its focus for reform on statehouses, where he said existing progress could be threatened by the TICKET Act.

— Other reforms, he argued, will come down to the Justice Department’s bid to break up Live Nation and Ticketmaster, the entertainment giants whose botched Taylor Swift presale in 2022 ignited the push for ticketing reforms. A lobbyist for Live Nation declined to comment on the record on the TICKET Act beyond pointing to the company’s support for its House passage in May.

Happy Wednesday and welcome to PI. Time is running out to send me your best influence tips before our post-Christmas break: coprysko@politico.com. And be sure to follow me on X: @caitlinoprysko.

 

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BOUNDARY STONE ADDS TRUMP ALUM: Clean energy lobbying and government affairs firm Boundary Stone Partners is staffing up for Donald Trump’s second term, bringing on former Trump Energy Department official Conner Brace as a senior vice president.

— Brace worked in DOE’s legislative affairs office from 2018 to 2021, and most recently served as director of policy and government relations at the climate-focused think tank Climate Leadership Council. He’s also an American Fuel & Petrochemical Manufacturers, Akin Gump Strauss Hauer & Feld and Steve Scalise alum.

ANNALS OF CAMPAIGN FINANCE: “More than 140 top Democratic operatives, fundraisers, and ex-campaign staffers are calling for executives at the party’s biggest online donation portal to clean up their operation or risk donor backlash,” per The Bulwark’s Sam Stein.

— “In a letter to the leadership of ActBlue, these Democrats said they feared that ‘questionable’ fundraising tactics by unscrupulous groups and operatives were damaging the party’s reputation and hindering its ability to keep voters engaged.”

— The letter’s signatories “called for a number of new features and policies designed to protect donors from exploitation,” the most significant of which “would involve ending notorious practices designed to deceive donors into believing that they are giving to official party entities, that they had limited time to donate, or that their donation would be matched by a major contribution from other donors.”

— The operatives also asked ActBlue to move to prevent self-dealing by so-called scam PACs infamous for using such tactics, an issue that prompted ActBlue to boot a handful of such groups from the platform over the summer.

— “[I]n an effort to prevent copycats, the Democratic operatives, in their letter, offered a novel recommendation: that ActBlue ‘set a maximum threshold for the percentage of total expenditures entities using ActBlue for donation processing can spend with companies they own or control.’”

THE ALCOHOL LOBBY’S BIG WIN: “A government advisory panel has concluded that moderate alcohol consumption is associated with a lower risk of cardiovascular disease than no drinking at all,” our Marcia Brown reports, in “a major victory for the alcohol industry, which has pushed back on governments’ efforts to recommend lower alcohol consumption.”

— “The report from the National Academies of Science Engineering and Medicine, which will be made public Thursday, is one of two that will inform the Dietary Guidelines for Americans on alcohol consumption, specifically.”

— “Alcohol generates huge economic activity across state lines, stirring lawmakers to press back against changes to the Dietary Guidelines that could lead to slashed alcohol consumption recommendations. Already, young people are consuming less alcohol than their parents, and non-alcoholic cocktails are proliferating across menus.”

THE LONG AND SHORT OF IT: “Trump surprised Washington by picking someone to lead the IRS who has little experience with tax policy or large-scale organizational management,” but our Brian Faler reports that “his intended nominee, former Rep. Billy Long (R-Mo.), has also stirred discomfort for another reason: Long has been deeply involved in touting a tax break that’s been plagued by fraud.”

SPOTTED at Sonoma for a holiday happy hour hosted by Americans for Responsible Innovation, per a tipster: Rep. Bill Foster (D-Ill.), Brad Carson of ARI, Sunny Gandhi and Adam Billen of Encode, Devika Daga of the Commerce Department, Nicholas P. Garcia of Public Knowledge, Josh New of SeedAI, Will Rinehart of the American Enterprise Institute, Dominique Warren of Chicago’s D.C. office and Chris McGuire of the State Department.

— And at a holiday party for Electing a Democratic Generation, per a tipster: Rep.-elect Suhas Subramanyan (D-Va.), Marina Pearce of Jeffries for Congress, Allison Childress of Rep. Greg Stanton’s (D-Ariz.) office, David Reid and Zach Marshall of Brownstein Hyatt Farber & Schreck, Katie Phillips of Federal Hall Policy Advisors, Andy Remo of the American Council of Life Insurers, Jason Ortega of the National Wooden Pallet & Container Association, Alex Catanese of the American Bankers Association, Conor Noonan of the American Veterinary Medical Association, Bobby Cunningham and Nikhil Dhingra of The Vogel Group, Victoria Krivo, Hollis Popp, Josie Martinez and Taylor Theodore of The Frost Group; Kaadé Williams of Federal Street Strategies, Mike Giblin of the American Medical Association, Stephanie Johnson of the National Grocers Association, John Christie of the Smith-Free Group, Alyssa Granados of Forward Global and Jennifer Storipan of Lot Sixteen.

Jobs report

Rachel Harris is now director of federal affairs at Invenergy. She was previously chief of staff for Rep. Debbie Lesko (R-Ariz.).

Urmila Venugopalan will be the next president and managing director for the Motion Picture Association’s Asia-Pacific region. She’s currently executive vice president of global operations and strategy at MPA.

Devin Lynch is joining Paladin Global Institute as a senior director. Lynch most recently served as the director for implementation and assessment in the White House Office of the National Cyber Director.

Jonathan Galaviz has joined Clark Hill Public Strategies’ advocacy and lobbying team. He previously led Galaviz and Company, and is a Trump administration alum.

Cristóbal J. Alex has been elected the new board chair of Latino Victory. Alex is the founding president of Latino Victory and was White House deputy cabinet secretary under President Joe Biden. Latino Victory’s executive director Katharine Pichardo-Erskine will be its new president and CEO.

Citizens Union has voted to elect John Avlon as board chair, fresh off his losing House campaign. Avlon has been on the board for 20 years, and was a CNN political analyst before running for office. Attorney Randy Mastro resigned as chair but will remain on the Citizens Union board.

New Joint Fundraisers

None.

 

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New Lobbying REGISTRATIONS

Asia-Pacific Interrelations And Trade Foundation: Asia-Pacific Interrelations And Trade Foundation

Audax Strategies: American Multi-Cinema, Inc.

Ballard Partners: Apotex Corp.

Cornerstone Government Affairs, Inc.: Blue Water Autonomy, Inc.

Cornerstone Government Affairs, Inc.: Maine Coast Fishermans Association

Cornerstone Government Affairs, Inc.: Tss Solutions

Cozen O'Connor Public Strategies: Habitat For Humanity International, Inc.

Fti Government Affairs: Chiesi USa, Inc.

Holland & Knight LLP: Eskenazi Health

Horizons Global Solutions LLC: Mesur.Io

J M Burkman & Associates: T L Tedford Enterprises Inc

Lot Sixteen LLC: Fostering American Brands For Responsible Imports And Choice (Fabric) Coalition

Mercury Public Affairs, LLC: Consumer Technology Association

Mtsi: Mtsi

Philip Haddad: Alliance For Natural Health USa

Pillsbury Winthrop Shaw Pittman LLP: Synderys Cyber Solutions

Qorvis Holding Inc - Geopols: Union Of Oil And Gas Producers Russia

Rbw Group, LLC: Naperville Heritage Society

Right Turn Strategies: Np South Hills LLC

Tch Group, LLC: Cormac Group On Behalf Of Bell Legal Group

Tholos Government Relations: Airbus Americas, Inc.

Tholos Government Relations: Apple, Inc.

Tholos Government Relations: Coalition For The American Dream

Tholos Government Relations: National Football League Players Association

Tholos Government Relations: National Retail Federation

Tholos Government Relations: Rise Up, Inc.

New Lobbying Terminations

Helix, Inc.: Helix, Inc.

 

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