New Orleans’ Howlin’ Wolf Sues StubHub Over ‘False Scarcity’ Practices

New Orleans venue The Howlin’ Wolf is the latest to take secondary ticketing platform StubHub to court, saying the seller’s “false scarcity” tactic violates consumer protection laws.

In the suit filed in the U.S. District Court for the Eastern District of Louisiana, the club’s parent company cites as an example a Sept. 7 performance by Hot 8 Brass Band in the small “Den” portion of the club. While all 100 general admission tickets were available on Howlin’ Wolf’s site (for $20), StubHub’s page for the event said “Only 1% of tickets left” and advertised $76 tickets.

“This tactic is based on a fabricated impression that tickets will shortly be unavailable when there is, in reality, sufficient inventory, adding phrases such as ‘Only 1% of tickets left!’ or ‘Last Tickets!’ to ensure that buyers buy then and there, at whatever price StubHub advertises, or lose out on seeing their favorite band, comedian, or poet,” the suit reads, in part.

The existence of the listing itself also shows, the filing claims, that StubHub resellers are engaging in speculative ticketing. Since the Howlin’ Wolf had not actually sold any tickets to the performance, the reseller could not possibly have had a ticket to resell.

“While StubHub’s policies nominally prohibit resellers from spec-selling, those policies are rarely if ever enforced, despite the company being fully aware of this practice. A speculative seller who is ultimately unable to acquire an actual, valid ticket for the event leaves the consumer holding what is, in substance, a ‘ghost ticket’ – a purported ticket unsupported by any corresponding, valid inventory,” the filing reads. “Because this defect is frequently undetectable until the consumer arrives at the venue, the practical consequence of spec-selling is that a ticketholder can be turned away and denied entry at the door, despite having paid full price in the good-faith belief that she purchased a valid ticket.”

The suit says StubHub has no incentive to verify inventory with the venues because its revenue is generated through the resale transaction rather than the original purchase (if any exists).

The suit goes on to claim that StubHub’s use of “fictitious former price” — where it posts a comparison between a previous price on StubHub, even though the ticket may still be available for less through a primary seller — and “false superlative” — claiming “lowest price” — also violate false advertisement laws.

Damages sought are left undisclosed,

StubHub, in a statement to Music Business Worldwide, said the claims are “without merit.”

The Howlin’ Wolf is just the latest smaller venue to take on the secondary giant. Vermont’s The Stone Church also did so, making similar claims , in August.

_Originally reported by [Pollstar](https://news.pollstar.com/2026/09/18/new-orleans-howlin-wolf-latest-venue-to-sue-stubhub-citing-false-scarcity-tactics/)._