This bill requires a third-party ticket reseller ("reseller") to do the following:
(1) Provide a consumer with certain information regarding the cost of the ticket without fees; the cost of additional mandatory fees; the cost of additional fees charged by the reseller; and the total cost of the ticket, including the costs and fees described in this (1); and
(2) Disclose the information described in item (1) conspicuously, in the same location that the ticket is offered, prior to the consumer selecting a ticket for purchase. "Same location" includes, for a sale on the internet, the webpage on which the consumer views price information for the ticket; for a sale in person, the document or other manner in which the purchase price for a ticket is shown to the consumer; and for a sale in another manner, in a manner and location that provides notice to the consumer of the information described in item (1) prior to the consumer selecting the ticket for purchase.
PROHIBITED HOLDBACKS
This bill prohibits a reseller from reserving more than 45 percent of the tickets the reseller has for an entertainment event for pre-sales or for sale to a credit card partner or other person or individual with which the reseller has a relationship, such that the tickets are not offered for sale to the general public.
PENALTY
This bill establishes that a violation of this bill constitutes a violation of the Tennessee Consumer Protection Act of 1977 and is subject to the penalties and remedies as provided in that act.
APPLICABILITY
This bill applies to sales occurring on or after July 1, 2023.
ON APRIL 10, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1043, AS AMENDED.
AMENDMENT #1 rewrites this bill to require a third-party ticket reseller, ticket broker, ticket issuer, and ticker resale website to do the following:
(1) Disclose the total cost of a ticket, including all ancillary fees and service charges, to be paid in order to complete the purchase of a ticket, prior to the ticket being selected for purchase;
(2) Disclose the information in (1) above in a clear and conspicuous manner and in dollars. If a ticket is sold through a website, then the information required to be disclosed must be displayed in the ticket listing prior to the ticket being selected for purchase. The information disclosed must not be false or misleading and must not be presented more prominently, or in the same or larger size font, as the total price; and
(3) Not increase the price of a ticket sold through a website after a consumer has selected a ticket for purchase, excluding reasonable fees for delivery of non-electronic tickets based on the delivery method selected by the purchaser prior to payment for the ticket.
PENALTIES
This amendment expands the actions that constitute deceptive business practices and a violation of the Tennessee Consumer Protection Act of 1977 and the Tennessee Trade Mark Act of 2000 to include using or displaying any combination of text, images, website graphics, website display, or website addresses that are substantially similar to the website of an operator with the intent to mislead a potential purchaser, without written authorization.
For the purposes of this amendment, “operator” refers to an individual, firm, corporation or other entity, or an agent of such individual, firm, corporation, or other entity that owns, operates, or controls an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held (“place of entertainment”), and offers for sale a first sale ticket to the place of entertainment or performance, concert, exhibit, game, athletic event, or contest.
APPLICABILITY
This amendment applies to sales occurring on or after July 1, 2023.