Howie Kaplan, owner of The Howlin' Wolf, is battling speculative ticket practices to protect artists and fans, seeking justice through litigation against StubHub.
This conversation features Howie Kaplan, who has been a prominent figure in promoting live music culture at The Howlin' Wolf in New Orleans since he acquired the venue in 2000.
Kaplan’s commitment extends beyond venue management; he has guided the Grammy Award-winning Rebirth Brass Band for over 17 years and has played a pivotal role in the National Independent Venue Association (NIVA) as its Vice Chair of Advocacy. His recent appointment as New Orleans' inaugural Director of the Office of Nighttime Economy further underscores his leadership in the music sector.
In response to the challenges faced by independent venues during the pandemic, Kaplan initiated the "Meals for Musicians" campaign and provided extensive community support following Hurricane Ida. He is now addressing the detrimental impact of speculative ticketing practices, launching a federal lawsuit against StubHub.
The Legal Challenge Against StubHub
On September 10, 2026, Kaplan and The Howlin' Wolf filed suit in the U.S. District Court for the Eastern District of Louisiana. Their argument hinges on alleged false advertising violations and infractions of the Louisiana Unfair Trade Practices and Consumer Protection Law (LUTPA).
At its core, the lawsuit sheds light on the issues of speculative ticketing, automatic bot listings, and fraudulent resale tactics that undermine the integrity of ticket sales. Kaplan articulates a pressing concern: "We keep playing this game like it's okay to sell something you don't have," emphasizing the need to protect the interests of venues, fans, and artists.
Understanding Speculative Ticketing
Kaplan specifies that the focus of the lawsuit is purely on speculative tickets, distancing it from broader conversations about ticket price capping. “This isn’t just someone reselling a ticket for a modest markup. It’s about safeguarding the authenticity of ticket sales," he explains. For Kaplan, a ticket signifies more than a mere transaction; it represents a license granting access to live performances.
As the industry grapples with these practices, Kaplan highlights a common scenario: potential concertgoers being led to believe they’re purchasing legitimate tickets to sold-out concerts where no official tickets exist. He reminds, “We have shows with zero official box office tickets sold, yet speculative listings are live on StubHub." This blurring of lines leads to confusion, often forcing fans into unfavorable transactions.
Pursuing Justice Through the Courts
The decision to pursue legal remedies under the Lanham Act and LUTPA arose from frustrations with legislative inaction. Kaplan notes, “In Louisiana, you can't sell a physical ticket at a markup outside the venue, yet online resales are unregulated and allow for price inflation to ludicrous extents.” Earlier attempts to enact legislative reform faltered against well-funded opposition from resale platforms.
Despite these setbacks, Kaplan believes existing laws can be invoked to counteract wrongful practices without the need for new regulations. He points out the violation of the Lanham Act as particularly relevant, given its focus on misleading advertising and consumer protection. The stakes are high, and the need for accountability is evident.
Collaboration Within the Industry
Kaplan views his efforts as part of a broader movement within the music industry, not limited to his venue alone. He references fellow venue owner Robin Gristkovsky, who has also filed a lawsuit against StubHub for deceptive ticketing practices, stating, “This isn't just a Howlin' Wolf issue; it's an industry-wide problem." Their collaborative legal challenges underscore a united front aimed at addressing systemic issues in secondary ticket sales.
These legal actions aim to expose and remedy practices that have permeated the ticketing ecosystem, reinforcing the notion that venue-led initiatives can stimulate industry-wide conversations and solutions. Kaplan emphasizes, “The goal right now is to draw attention to something ludicrous, get everyone in the industry on the same page.”
As this battle unfolds, Kaplan remains optimistic that collective awareness and legal action will shine a light on the difficulties faced by independent venues and the artists they support. The stakes for preserving the essence of live music culture, as he puts it, are too high to ignore. “When a fan gets to see an artist, it elevates the spirit and soul to a place they didn’t know existed. You're messing with something so pure and powerful.”
For more on Kaplan’s ongoing fight and developments in the industry, click to read NOLA's Howlin' Wolf Sues StubHub Over Spec Ticket Sales.
To learn more about The Howlin' Wolf and stay updated, follow on Bandsintown.
Discussion
Sign in to join the discussion.