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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legislation

Brooklyn Law School

2023

Consumer Protection; FTC Act; Taylor Swift; Monopoly Power; Bruce Springsteen; Ticket Scalping; Scalping; Resale; BOTS Act; Bots; Blockchain; AI; Artificial Intelligence; Retailers; Online Marketplaces; Online Resale; Scalpers; FTC; Unfairness; Unfair and Deceptive Acts and Practices; UDAP; Deceptive; E-Commerce; BOSS Act; Grinch; Paywall; Price Gouging; Baby Formula; Tickets; Concert Tickets; Secondary Market; Playstation; Sony; Xbox; GPU; Chip Shortage; Sneakers; NFTs; Ticketmaster; StubHub; eBay; Scalp; Profiteering; Market Manipulation; Market Failure; Amazon; Walmart; Discord; reddit; Live Nation; Wall Street

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Full-Text Articles in Law

Kneecapping Scalping: Ending The Predatory Scourge Plaguing E-Commerce Using Unfair Practice Frameworks, Zachary Michael Elvove Dec 2023

Kneecapping Scalping: Ending The Predatory Scourge Plaguing E-Commerce Using Unfair Practice Frameworks, Zachary Michael Elvove

Brooklyn Law Review

Concert goers and sports fans are no longer the only people forced to pay absurdly marked up prices. From baby formula to video game consoles, scalping dominates the sale of goods online. Yet existing frameworks for antiscalping—specifically their relentless focus on tickets, bots, and hidden fees—fundamentally fail to address the parasitic profiteering that underpins scalping in the modern economy. We cannot understand the scope of harms posed by pernicious online resale if we focus purely on the minutiae of ticket markets and technological exploitation—the sheer number of industries affected by scalping and size of the market failure it causes demand …