"The Super Bowl has become an event for the very wealthy," Sammons said. "The New Jersey statute was intended to stop that and to prevent all the profits to go to the secondary market, which is what is happening."
Chris Matcovich, vice president of data and communications with TiqIQ, which is a sports and entertainment ticket re-seller, said he estimates that about 10 percent of seats in this year's Super Bowl will be sold at face value, not the 1 percent that the lawsuit contends.
He says the NFL could argue that it is following New Jersey state law by releasing tickets to the general public, depending on whether teams and sponsors are considered the general public.
"The NFL isn't holding tickets back for the benefit of themselves, but for the teams and their fans," he said.
Robert Tuchman, president of sports and entertainment marketing company Goviva, said the general public may ultimately get into the hands of fans.
"The key thing is the NFL makes these tickets available to the teams who make them available to their fans which is the general public," he said.