[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 281 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 281
To require sellers of event tickets to disclose comprehensive
information to consumers about ticket prices and related fees, to
prohibit speculative ticketing, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 2025
Mr. Schmitt (for himself and Mr. Markey) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require sellers of event tickets to disclose comprehensive
information to consumers about ticket prices and related fees, to
prohibit speculative ticketing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency In Charges for Key
Events Ticketing Act'' or the ``TICKET Act''.
SEC. 2. ALL INCLUSIVE TICKET PRICE DISCLOSURE.
Beginning 180 days after the date of the enactment of this Act, it
shall be unlawful for a ticket issuer, secondary market ticket issuer,
or secondary market ticket exchange to offer for sale an event ticket
unless the ticket issuer, secondary market ticket issuer, or secondary
market ticket exchange--
(1) clearly and conspicuously displays the total event
ticket price, if a price is displayed, in any advertisement,
marketing, or price list wherever the ticket is offered for
sale;
(2) clearly and conspicuously discloses to any individual
who seeks to purchase an event ticket the total event ticket
price at the time the ticket is first displayed to the
individual and anytime thereafter throughout the ticket
purchasing process; and
(3) provides an itemized list of the base event ticket
price and each event ticket fee prior to the completion of the
ticket purchasing process.
SEC. 3. SPECULATIVE TICKETING BAN.
(a) Prohibition.--Beginning 180 days after the date of the
enactment of this Act, a ticket issuer, secondary market ticket issuer,
or secondary market ticket exchange that does not have actual or
constructive possession of an event ticket shall not sell, offer for
sale, or advertise for sale such event ticket.
(b) Services Permitted.--Notwithstanding subsection (a), a
secondary market ticket issuer or secondary market ticket exchange may
sell, offer for sale, or advertise for sale a service to an individual
to obtain an event ticket on behalf of such individual if the secondary
market ticket issuer or secondary market ticket exchange complies with
the following:
(1) Does not market or list the service as an event ticket.
(2) Maintains a clear, distinct, and easily discernible
separation between the service and event tickets that persists
throughout the entire service selection and purchasing process.
(3) Clearly and conspicuously discloses before selection of
the service that the service is not an event ticket and that
the purchase of the service does not guarantee an event ticket.
SEC. 4. DISCLOSURES.
A ticket issuer, secondary market ticket issuer, or secondary
market ticket exchange--
(1) if offering an event ticket for resale, shall provide a
clear and conspicuous statement, before a consumer purchases
the event ticket from the ticket issuer, secondary market
ticket issuer, or secondary market ticket exchange, that the
issuer or exchange is engaged in the secondary sale of event
tickets; and
(2) shall not state that the ticket issuer, secondary
market ticket issuer, or secondary market ticket exchange is
affiliated with or endorsed by a venue, team, or artist, as
applicable, including by using words like ``official'' in
promotional materials, social media promotions, or paid
advertising, unless a partnership agreement has been executed
or the issuer or exchange has the express written consent of
the venue, team, or artist, as applicable.
SEC. 5. REFUND REQUIREMENTS.
(a) Cancellation.--Beginning 180 days after the date of the
enactment of this Act, if an event is canceled or postponed (except for
a case in which an event is canceled or postponed due to a cause beyond
the reasonable control of the issuer, including a natural disaster,
civil disturbance, or otherwise unforeseeable impediment), a ticket
issuer, secondary market ticket issuer, or secondary market ticket
exchange shall provide the purchaser of an event ticket from the issuer
or exchange for the canceled or postponed event, at a minimum--
(1) if the event is cancelled, a full refund for the total
event ticket price;
(2) subject to availability, if the event is postponed for
not more than 6 months and the original event ticket is no
longer valid for entry to the rescheduled event, a replacement
event ticket for the rescheduled event in the same or a
comparable location once the event has been rescheduled; or
(3) if the event is postponed for more than 6 months, at
the option of the purchaser--
(A) a full refund for the total event ticket price;
or
(B) if the original event ticket is no longer valid
for entry to the rescheduled event, a replacement event
ticket for the rescheduled event in the same or a
comparable location once the event has been
rescheduled.
(b) Disclosure of Guarantee and Refund Policy Required.--Beginning
180 days after the date of the enactment of this Act, a ticket issuer,
secondary market ticket issuer, or secondary market ticket exchange
shall disclose clearly and conspicuously to a purchaser before the
completion of an event ticket sale the guarantee or refund policy of
such ticket issuer, secondary market ticket issuer, or secondary market
ticket exchange, including under what circumstances any refund issued
will include a refund of any event ticket fee.
(c) Disclosure of How To Obtain a Refund Required.--Beginning 180
days after the date of the enactment of this Act, a ticket issuer,
secondary market ticket issuer, or secondary market ticket exchange
shall provide a clear and conspicuous explanation of how to obtain a
refund of the total event ticket price.
SEC. 6. REPORT BY THE FEDERAL TRADE COMMISSION ON BOTS ACT OF 2016
ENFORCEMENT.
Not later than 6 months after the date of the enactment of this
Act, the Commission shall submit to Congress a report on enforcement of
the Better Online Ticket Sales Act of 2016 (Public Law 114-274; 15
U.S.C. 45c), including any enforcement action taken, challenges with
enforcement and coordination with State Attorneys General, and
recommendations on how to improve enforcement and industry compliance.
SEC. 7. ENFORCEMENT.
(a) Unfair or Deceptive Act or Practice.--A violation of this Act
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Powers of Commission.--
(1) In general.--The Commission shall enforce this Act in
the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C.
41 et seq.) were incorporated into and made a part of this Act.
(2) Privileges and immunities.--Any person who violates
this Act shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(3) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Commission under any
other provision of law.
SEC. 8. DEFINITIONS.
In this Act:
(1) Artist.--The term ``artist'' means any performer,
musician, comedian, producer, ensemble or production entity of
a theatrical production, sports team owner, or similar person.
(2) Base event ticket price.--The term ``base event ticket
price'' means, with respect to an event ticket, the price of
the event ticket excluding the cost of any event ticket fees.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Event.--The term ``event'' means any live concert,
theatrical performance, sporting event, show, or similarly
scheduled live activity, that is--
(A) taking place in a venue with a seating or
attendance capacity exceeding 200 persons;
(B) open to the general public; and
(C) promoted, advertised, or marketed in interstate
commerce, or for which event tickets are generally sold
or distributed in interstate commerce.
(5) Event ticket; ticket issuer.--The terms ``event
ticket'' and ``ticket issuer'' have the meaning given those
terms in the Better Online Ticket Sales Act of 2016 (Public Law
114-274).
(6) Event ticket fee.--The term ``event ticket fee''--
(A) means a charge for an event ticket that must be
paid in addition to the base event ticket price in
order to obtain an event ticket from a ticket issuer,
secondary market ticket issuer, or secondary market
ticket exchange, including any service fee, charge and
order processing fee, delivery fee, facility charge
fee, tax, and any other charge; and
(B) does not include any charge or fee for an
optional product or service associated with the event
that may be selected by a purchaser of an event ticket.
(7) Optional product or service.--The term ``optional
product or service'' means a product or service that an
individual does not need to purchase to use or take possession
of an event ticket.
(8) Resale; secondary sale.--The terms ``resale'' and
``secondary sale'' mean any sale of an event ticket that occurs
after the initial sale of the event ticket by a ticket issuer.
(9) Secondary market ticket exchange.--The term ``secondary
market ticket exchange'' means any person that in the regular
course of trade or business of that person operates a platform
or exchange for advertising, listing, or selling resale
tickets, on behalf of itself, vendors, or a secondary market
ticket issuer.
(10) Secondary market ticket issuer.--The term ``secondary
market ticket issuer'' means any person, including a ticket
issuer, that resells or makes a secondary sale of an event
ticket to the general public in the regular course of the trade
or business of the person.
(11) Total event ticket price.--The term ``total event
ticket price'' means, with respect to an event ticket, the
total cost of the event ticket, including the base event ticket
price and any event ticket fee.
(12) Venue.--The term ``venue'' means a physical space at
which an event takes place.
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