Attorney General's News Release

September 30, 2004

Nixon seeks TRO against online ticket broker scalping Cardinals playoff tickets at several times face value

St. Louis, Mo. — Attorney General Jay Nixon today filed a lawsuit seeking a temporary restraining order against a Missouri-based online ticket broker that is reselling tickets for St. Louis Cardinals playoff games at several times their face value. Nixon says Show-Me Tickets Inc. is engaging in unfair business practices by violating a Missouri law prohibiting ticket scalping to public sporting events.

"The market for tickets has been thrown out of whack by brokers who gobble up large numbers of tickets and resell them on the Internet," Nixon said today at a news conference in St. Louis. "With this one broker alone having control of more than 2,800 tickets for Cardinals post-season games, the average fan has lost his last chance at affordable tickets."

Show-Me Tickets claims to have access to 2,863 tickets for post-season games in St. Louis. Tickets for those games have not been made available to the public yet. Undercover investigators from the Attorney General's Office on Wednesday purchased two bleacher seats for Game 1 of the playoffs with a face value of $19 per ticket from Show-Me Tickets at a price of $70 per ticket from the Web site www.showmetickets.com.

"The purchase of these tickets took place completely within the state of Missouri," Nixon says. "The call was placed from Missouri, a Show-Me Tickets employee answered the call and took the order at an office in Columbia, and promised to ship the tickets to an address in Missouri."

Nixon's lawsuit states that Show-Me Tickets violated consumer protection laws by misrepresenting to consumers that it was legal to sell these Cardinal tickets for more than their face value, and by reselling the tickets for more than their face value, in violation of Missouri law.

A state statute (Section 578.395, RSMo 2004) prohibits the sale or resale of tickets to Missouri public sporting events at more than the face value of the ticket. Major League Baseball sets the prices for tickets for post-season play. If charged criminally, scalping is punishable by up to a $50 fine and 15 days in jail for a first offense and a $1,000 fine and one year in jail for third and subsequent offenses. Local prosecuting attorneys have jurisdiction to bring such charges under state law.

A hearing on Nixon's request for a temporary restraining order against Show-Me Tickets is scheduled for Friday, Oct. 1, in St. Louis City Circuit Court. The request for the restraining order asks that Show-Me Tickets be prohibited from selling or offering to resell 2004 St. Louis Cardinals playoff tickets above their face value.

Nixon's petition for preliminary and permanent injunctions asks that anyone who purchased a ticket from Show-Me Tickets above the face value of the ticket receive restitution for that difference.

Nixon also cautioned Cardinal fans about the potential of purchasing counterfeit tickets, particularly over the Internet where the tickets are bought sight unseen.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818