TICKET Act

IIB 118TH CONGRESS 2D SESSION H. R. 3950 IN THE SENATE OF THE UNITED STATES MAY 16, 2024 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To require sellers of event tickets to disclose comprehensive information to consumers about ticket prices and related fees, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:55 May 17, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3950.RFS H3950 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 HR 3950 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Transparency In 2 Charges for Key Events Ticketing Act’’ or the ‘‘TICKET 3 Act’’. 4 SEC. 2. ALL INCLUSIVE TICKET PRICE DISCLOSURE. 5 Beginning 180 days after the date of the enactment 6 of this Act, it shall be unlawful for a ticket issuer, sec- 7 ondary market ticket issuer, or secondary market ticket 8 exchange to offer for sale an event ticket unless the ticket 9 issuer, secondary market ticket issuer, or secondary mar- 10 ket ticket exchange— 11 (1) clearly and conspicuously displays the total 12 event ticket price, if a price is displayed, in any ad- 13 vertisement, marketing, or price list wherever the 14 ticket is offered for sale; 15 (2) clearly and conspicuously discloses to any 16 individual who seeks to purchase an event ticket the 17 total event ticket price at the time the ticket is first 18 displayed to the individual and anytime thereafter 19 throughout the ticket purchasing process; and 20 (3) provides an itemized list of the base event 21 ticket price and each event ticket fee prior to the 22 completion of the ticket purchasing process. 23 SEC. 3. SPECULATIVE TICKETING BAN. 24 (a) PROHIBITION.—Beginning 180 days after the 25 date of the enactment of this Act, a ticket issuer, sec- 26 VerDate Sep 11 2014 00:55 May 17, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3950.RFS H3950 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 HR 3950 RFS ondary market ticket issuer, or secondary market ticket 1 exchange that does not have actual or constructive posses- 2 sion of an event ticket shall not sell, offer for sale, or ad- 3 vertise for sale such event ticket. 4 (b) RULE OF CONSTRUCTION.—Nothing in this sec- 5 tion shall be construed to prohibit a secondary market 6 ticket issuer or secondary market ticket exchange from of- 7 fering a service to a consumer to obtain an event ticket 8 on behalf of the consumer if the secondary market ticket 9 issuer or secondary market ticket exchange complies with 10 the following: 11 (1) Does not market or list the service as an 12 event ticket. 13 (2) Maintains a clear, distinct, and easily dis- 14 cernible separation between the service and event 15 tickets through unavoidable visual demarcation that 16 persists throughout the entire service selection and 17 purchasing process. 18 (3) Clearly and conspicuously discloses before 19 selection of the service that the service is not an 20 event ticket and that the purchase of the service 21 does not guarantee an event ticket. 22 (4) In the event the service is unable to obtain 23 the specified event ticket purchased through the 24 service for the consumer, provides the consumer that 25 VerDate Sep 11 2014 00:55 May 17, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3950.RFS H3950 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 HR 3950 RFS purchased the service, within a reasonable amount of 1 time— 2 (A) a full refund for the total cost of the 3 service to obtain an event ticket on behalf of 4 the consumer; or 5 (B) subject to availability, a replacement 6 event ticket in the same or a comparable loca- 7 tion with the approval of the consumer. 8 (5) Does not obtain more tickets in each trans- 9 action than the numerical limitations for tickets set 10 by the venue and artist for each respective event. 11 SEC. 4. DECEPTIVE WEBSITES. 12 A ticket issuer, secondary market ticket issuer, or 13 secondary market ticket exchange— 14 (1) shall provide a clear and conspicuous state- 15 ment, before a visitor purchases an event ticket from 16 the ticket issuer, secondary market ticket issuer, or 17 secondary market ticket exchange that the issuer or 18 exchange is engaged in the secondary sale of event 19 tickets; 20 (2) shall not state that the ticket issuer, sec- 21 ondary market ticket issuer, or secondary market 22 ticket exchange is affiliated with or endorsed by a 23 venue, team, or artist, as applicable, unless a part- 24 nership agreement has been executed, including by 25 VerDate Sep 11 2014 00:55 May 17, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3950.RFS H3950 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 HR 3950 RFS (3) shall not use a domain name, or any subdomain 1 thereof, in the URL of the ticket issuer, secondary 2 market ticket issuer, or secondary market ticket ex- 3 change that contains— 4 using words like ‘‘official’’ in promotional mate- 5 rials, social media promotions, search engine optimi- 6 zation, paid advertising, or search engine monetiza- 7 tion unless the issuer or exchange has the express 8 written consent of the venue, team, or artist, as ap- 9 plicable; and 10 (A) the name of a specific team, league, or 11 venue where concerts, sports, or other live en- 12 tertainment events are held, unless authorized 13 by the owner of the name; 14 (B) the name of the exhibition or perform- 15 ance or of another event described in subpara- 16 graph (A), including the name of a person, 17 team, performance, group, or entity scheduled 18 to perform at any such venue or event, unless 19 authorized by the owner of the name; 20 (C) any trademark or copyright not owned 21 by the ticket issuer, secondary market ticket 22 issuer, or secondary market ticket exchange, in- 23 cluding any trademark or copyright owned by 24 an authorized agent or partner of the venue or 25 VerDate Sep 11 2014 00:55 May 17, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3950.RFS H3950 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 HR 3950 RFS event identified in subparagraph (A) and (B); 1 or 2 (D) any name substantially similar to 3 those described in subparagraphs (A) and (B), 4 including any misspelling of any such name. 5 SEC. 5. REFUND REQUIREMENTS. 6 (a) CANCELLATION.—Beginning 180 days after the 7 date of the enactment of this Act, if an event is canceled 8 or postponed (except for a case in which an event is can- 9 celed or postponed due to a cause beyond the reasonable 10 control of the ticket issuer, including a natural disaster, 11 civil disturbance, or otherwise unforeseeable impediment), 12 a ticket issuer, secondary market ticket issuer, or sec- 13 ondary market ticket exchange shall provide the consumer, 14 at the option of the purchaser, at a minimum— 15 (1) a full refund for the total cost of the event 16 ticket, any event ticket fee, and any tax; or 17 (2) subject to availability, if the event is post- 18 poned, a replacement event ticket in the same or a 19 comparable location once the event has been re- 20 scheduled, with the approval of the consumer. 21 (b) DISCLOSURE OF GUARANTEE AND REFUND POL- 22 ICY REQUIRED.—Beginning 180 days after the date of the 23 enactment of this Act, a ticket issuer, secondary market 24 ticket issuer, or secondary market ticket exchange shall 25 VerDate Sep 11 2014 00:55 May 17, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3950.RFS H3950 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 HR 3950 RFS disclose clearly and conspicuously before the completion 1 of an event ticket sale the guarantee or refund policy of 2 such ticket issuer, secondary market ticket issuer, or sec- 3 ondary market ticket exchange, including under what cir- 4 cumstances any refund issued will include a refund of any 5 event ticket fee and any tax. 6 (c) DISCLOSURE OF HOW TO OBTAIN A REFUND RE- 7 QUIRED.—Beginning 180 days after the date of the enact- 8 ment of this Act, a ticket issuer, secondary market ticket 9 issuer, or secondary market ticket exchange shall provide 10 a clear and conspicuous explanation of how to obtain a 11 refund of the total cost of the ticket, any event ticket fee, 12 and any tax. 13 SEC. 6. REPORT BY THE FEDERAL TRADE COMMISSION ON 14 BOTS ACT OF 2016 ENFORCEMENT. 15 Not later than 6 months after the date of the enact- 16 ment of this Act, the Commission shall submit to Congress 17 a report on enforcement of the Better Online Ticket Sales 18 Act of 2016 (Public Law 114–274; 15 U.S.C. 45c), includ- 19 ing any enforcement action taken, challenges with enforce- 20 ment and coordination with State Attorneys General, and 21 recommendations on how to improve enforcement and in- 22 dustry compliance. 23 VerDate Sep 11 2014 00:55 May 17, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3950.RFS H3950 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 HR 3950 RFS SEC. 7. ENFORCEMENT. 1 (a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—A 2 violation of this Act shall be treated as a violation of a 3 rule defining an unfair or deceptive act or practice under 4 section 18(a)(1)(B) of the Federal Trade Commission Act 5 (15 U.S.C. 57a(a)(1)(B)). 6 (b) POWERS OF COMMISSION.— 7 (1) IN GENERAL.—The Commission shall en- 8 force this Act in the same manner, by the same 9 means, and with the same jurisdiction, powers, and 10 duties as though all applicable terms and provisions 11 of the Federal Trade Commission Act (15 U.S.C. 41 12 et seq.) were incorporated into and made a part of 13 this Act. 14 (2) PRIVILEGES AND IMMUNITIES.—Any person 15 who violates this Act shall be subject to the penalties 16 and entitled to the privileges and immunities pro- 17 vided in the Federal Trade Commission Act (15 18 U.S.C. 41 et seq.). 19 (3) AUTHORITY PRESERVED.—Nothing in this 20 Act shall be construed to limit the authority of the 21 Commission under any other provision of law. 22 SEC. 8. DEFINITIONS. 23 In this Act: 24 (1) ARTIST.—The term ‘‘artist’’ means any per- 25 former, musician, comedian, producer, ensemble or 26 VerDate Sep 11 2014 00:55 May 17, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3950.RFS H3950 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 HR 3950 RFS production entity of a theatrical production, sports 1 team owner, or similar person. 2 (2) COMMISSION.—The term ‘‘Commission’’ 3 means the Federal Trade Commission. 4 (3) DOMAIN NAME.—The term ‘‘domain name’’ 5 means a globally unique, hierarchical reference to an 6 Internet host or service, which is assigned through 7 centralized Internet naming authorities, and which is 8 comprised of a series of character strings separated 9 by periods, with the right most string specifying the 10 top of the hierarchy. 11 (4) EVENT; EVENT TICKET; TICKET ISSUER.— 12 The terms ‘‘event’’, ‘‘event ticket’’, and ‘‘ticket 13 issuer’’ have the meaning given those terms in the 14 Better Online Ticket Sales Act of 2016 (Public Law 15 114–274). 16 (5) EVENT TICKET FEE.—The term ‘‘event 17 ticket fee’’— 18 (A) means a charge for an event ticket 19 that must be paid in addition to the base event 20 ticket price in order to obtain an event ticket 21 from a ticket issuer, secondary market ticket 22 issuer, or secondary market ticket exchange in- 23 cluding any service fee, charge and order proc- 24 VerDate Sep 11 2014 00:55 May 17, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3950.RFS H3950 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 HR 3950 RFS essing fee, delivery fee, facility charge fee, and 1 any other charge; and 2 (B) does not include any charge or fee for 3 an optional product or service associated with 4 the event that may be selected by a purchaser 5 of an event ticket. 6 (6) OPTIONAL PRODUCT OR SERVICE.—The 7 term ‘‘optional product or service’’ means a product 8 or service that an individual does not need to pur- 9 chase to use or take possession of an event ticket. 10 (7) RESALE; SECONDARY SALE.—The terms 11 ‘‘resale’’ and ‘‘secondary sale’’ mean any sale of an 12 event ticket that occurs after the initial sale of the 13 event ticket by a ticket issuer. 14 (8) SECONDARY MARKET TICKET EXCHANGE.— 15 The term ‘‘secondary market ticket exchange’’ 16 means any person that operates a platform or ex- 17 change for advertising, listing, or selling resale tick- 18 ets, on behalf of itself, vendors, or a secondary mar- 19 ket ticket issuer. 20 (9) SECONDARY MARKET TICKET ISSUER.—The 21 term ‘‘secondary market ticket issuer’’ means any 22 person, including a ticket issuer, that resells or 23 makes a secondary sale of an event ticket to the gen- 24 VerDate Sep 11 2014 00:55 May 17, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3950.RFS H3950 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 HR 3950 RFS eral public in the regular course of the trade or busi- 1 ness of the person. 2 (10) TOTAL EVENT TICKET PRICE.—The term 3 ‘‘total event ticket price’’ means, with respect to an 4 event ticket, the total cost of the event ticket, includ- 5 ing the base event ticket price and any event ticket 6 fee. 7 (11) URL.—The term ‘‘URL’’ means the uni- 8 form resource locator associated with an internet 9 website. 10 (12) VENUE.—The term ‘‘venue’’ means a 11 physical space at which an event takes place. 12 Passed the House of Representatives May 15, 2024. Attest: KEVIN F. MCCUMBER, Clerk. VerDate Sep 11 2014 00:55 May 17, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3950.RFS H3950 kjohnson on DSK7ZCZBW3PROD with $$_JOB