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Generated Sep 24, 2026, 8:42 PM
My median forecast is $220 million in total qualifying monetary relief. The model assigns 68.9% to more than $100 million, 29% to more than $500 million, and 14% to more than $1 billion. The center stays in the low hundreds of millions because the BOTS Act and state claims create real leverage, while AMG, the short federal-redress window, and ticket-level proof problems block the complaint's multibillion-dollar fee totals from becoming the default damages measure.
The action remains pending on the FTC's case page. Live Nation and Ticketmaster moved to dismiss on January 6, 2026; the judge heard argument on February 19, 2026, issued a tentative ruling, and took the matter under submission. Reporting said the tentative view rejected dismissal of the core broker allegations, but I found no written merits order. Live Nation's July 30, 2026 Form 10-Q still described only the January motion and said management did not consider a loss probable.
The September 18, 2025 complaint combines three theories: late disclosure of mandatory fees, false claims that event ticket limits were enforced, and resale of tickets allegedly obtained by brokers through circumvention. The FTC seeks penalties and redress under the BOTS Act; six states bring their own consumer-protection claims; all seven states can seek resident compensation under the BOTS Act.
The historical backbone is wide and right-skewed. Ticket and hidden-fee cases often settle in the single or low double digits. Clear rule violations by large platforms can reach hundreds of millions or billions.
| Date and matter | Monetary result | Use in this forecast |
|---|---|---|
| January 2021 — first FTC BOTS Act cases | $31.6M face judgments; $3.7M required payments | Direct brokers; more than 150,000 tickets; most relief suspended for inability to pay. |
| December 2022 — Epic Games | $520M | Large-platform rule case with a $275M penalty and $245M refunds. |
| September 2024 — Invitation Homes | $48M | National hidden-fee comparator, but with several additional unfair-practice claims. |
| September 2025 — Amazon Prime | $2.5B | Upper-tail platform case: $1B penalty plus up to $1.5B redress for direct unwanted charges. |
| April 2026 — StubHub | $10M | Closest federal pricing comparator, but it covered only three days after the FTC Fees Rule took effect. |
| April 2026 — D.C. v. Live Nation | $9.9M, including up to $8.9M in refunds | Same defendant and a decade of closely related ticket-pricing conduct in one jurisdiction. |
| July 2026 — Elite Events | $10.7M face judgment; $0.3M required payment | Direct BOTS violator across more than 2,400 events; most of the judgment was suspended for inability to pay. |
| September 2026 — Amway | $225M | Current large-company FTC/state settlement with major consumer redress, but a cleaner deception-to-loss link. |
The legal structure pushes in both directions. The Supreme Court's April 22, 2021 AMG Capital decision bars retrospective restitution or disgorgement under FTC Act §13(b), so the FTC cannot turn ordinary Section 5 pricing deception into a nationwide refund of all historical fees. The BOTS Act is different: it prohibits selling or offering tickets obtained through circumvention when the seller participated, controlled, knew, or should have known, and it imports FTC enforcement powers. That opens civil penalties and Section 19 redress; states may also obtain damages, restitution, or compensation for residents.
Those routes still have hard limits. Section 19 has a three-year filing period for rule-violation redress, making roughly September 18, 2022 onward the clean federal redress window for this complaint. The 2026 FTC penalty notice kept the 2025 ceiling, and the 2025 adjustment set Section 5(m)(1)(A) at $53,088 per violation. That number creates leverage, not a sensible multiplication formula: the court has not decided whether one violation means a ticket, listing, transaction, event, account, or course of conduct.
The complaint's headline totals are not damages. It alleges more than $82.6B of ticket purchases and $16.4B of mandatory fees from 2019 through 2024, plus $3.7B of fees on resale tickets. The sharper anchor is an internal analysis alleged in the complaint: stronger broker controls would have cut annual broker resale inventory by more than five million tickets, annual resale revenue by nearly $220M, and annual operating income by more than $26M. I read that as support for a settlement in the hundreds of millions, not billions: a profit-based measure points to tens of millions per year, while a revenue or consumer-overpayment measure points higher but must survive causation, timing, and duplication discounts.
The best procedural signal is the reported plaintiff-favorable tentative ruling. The best contrary signal is the lack of a written order after the hearing and Live Nation's June 30, 2026 accounting position that a loss was not probable. I give the tentative ruling more weight on survival, but little weight on eventual dollars; pleading survival does not establish knowledge, ticket tracing, the violation unit, or consumer loss.
A statute-first frame, led by AMG, Section 19's time limit, and the novelty of platform liability, centers near $100M. A scale-and-reference-class frame, led by the D.C. settlement, the internal $220M annual resale-revenue estimate, and large-company enforcement outcomes, centers near $300M–$400M. I put more weight on the second frame than the first, but preserve the disagreement in the lower tail and the width of the distribution.
My final model combines a 5% point mass at zero with five overlapping lognormal paths: a narrow resolution centered on $25M, a state-led or weakened-BOTS result centered on $105M, a core coordinated settlement centered on $375M, a strong-BOTS result centered on $1.1B, and an extreme result centered on $3B. Their respective weights are 10%, 31.0%, 37.0%, 14%, and 3%. The resulting median is $221.9M, the 25th–75th percentile range is $72.9M–$583.2M, the 10th–90th percentile range is $21.3M–$1.353B, and the mean is $576.5M.
The $16.4B fee figure is mostly a distraction. It covers all mandatory fees over six years, including transactions where consumers received tickets and saw the final price before payment. The case's strongest monetary engine is the narrower BOTS rule route, combined with state pricing remedies and alleged internal evidence that Ticketmaster preserved hundreds of millions in annual resale revenue by not using tighter broker controls.
The April 2026 Key Investment Group ruling helps the FTC, but less than the surface narrative suggests. It held that direct brokers can violate the BOTS Act without literal bots and treated circumvention as a fact question; it did not decide Ticketmaster's distinct subsection (B) liability as a resale platform. Ticketmaster made that distinction in its May 1, 2026 supplemental-authority response. This is why I keep a large upper tail without making a billion-dollar result the median.
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Signed forecast receipt
Signed Sep 24, 2026, 8:42 PM with ed25519 key preseen-prod-ed25519-20260523 and externally timestamped Sep 24, 2026, 8:42 PM.
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