H.R. 3950 — what changed
Transparency In Charges for Key Events Ticketing Act
From Introduced in House to Reported in House. 1 section amended and 6 added between Introduced in House and Reported in House.
Sec. 2 All inclusive ticket price disclosure
added 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—
removed
Disclosure of pricing information— Beginning 90 days after the date of the enactment of this Act, it shall be unlawful for a ticket issuer or secondary market ticket issuer to offer for sale an event ticket unless the ticket issuer or secondary market ticket issuer clearly and conspicuously displays the total event ticket price in any advertisement, marketing, or price list wherever the ticket is offered for sale and clearly and conspicuously discloses to any individual who seeks to purchase an event ticket at the beginning of the transaction and prior to the selection by the individual of an event ticket to purchase, the total event ticket price and an itemized list of the base event ticket price and each event ticket fee.
changed
Disclosure of speculative ticketing— Beginning 90 days after enactment of this Act, it shall be unlawful for a ticket issuer or secondary market ticket issuer that does not have actual or constructive possession of an event ticket to sell or offer for sale the event ticket unless the ticket issuer or secondary market ticket issuer displays in a clear and conspicuous manner clearly and prior to the selection by conspicuously displays the individual of an total event ticket to purchase price, if a statement that the ticket issuer price is displayed, in any advertisement, marketing, or secondary market ticket issuer does not possess the ticket at the time price list wherever the ticket is being sold or offered for sale.sale;
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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
removed
Enforcement—
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Unfair or deceptive act or practice— A violation of subsection (a) or (b) 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)).
removed
Powers of commission—
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In general— The Commission shall enforce subsections (a) and (b) 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.
removed
Privileges and immunities— Any person who violates subsection (a) or (b) 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.).
removed
Authority preserved— Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.
changed
Definitions— In this section:provides an itemized list of the base event ticket price and each event ticket fee prior to the completion of the ticket purchasing process.
removed
Commission— The term Commission means the Federal Trade Commission.
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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 fee.
removed
Event; event ticket; ticket issuer— The terms event, event ticket, and ticket issuer have the meanings given those terms in section 3 of the Better Online Ticket Sales Act of 2016 (Public Law 114–274; 15 U.S.C. 45c note).
removed
Event ticket fee— The term event ticket fee—
removed
means a charge that must be paid in addition to the base event ticket price in order to obtain an event ticket from a ticket issuer or secondary market ticket issuer, including any service fee, charge and order processing fee, delivery fee, facility charge fee, tax, and other charge; and
removed
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.
removed
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.
removed
Secondary market ticket issuer— The term secondary market ticket issuer means any entity for which it is in the regular course of the trade or business of the entity to resell or make a secondary sale of an event ticket to the general public.
removed
Secondary sale— The term secondary sale means any sale of an event ticket that occurs after the initial sale of the event ticket by a ticket issuer.
removed
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.
Sec. 3 Speculative ticketing ban
added
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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.
added
Rule of construction— Nothing in this section shall be construed to prohibit a secondary market ticket issuer or secondary market ticket exchange from offering a service to a consumer to obtain an event ticket on behalf of the consumer if the secondary market ticket issuer or secondary market ticket exchange complies with the following:
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Does not market or list the service as an event ticket.
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Maintains a clear, distinct, and easily discernible separation between the service and event tickets through unavoidable visual demarcation that persists throughout the entire service selection and purchasing process.
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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.
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In the event the service is unable to obtain the specified event ticket purchased through the service for the consumer, provides the consumer that purchased the service, within a reasonable amount of time—
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a full refund for the total cost of the service to obtain an event ticket on behalf of the consumer; or
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subject to availability, a replacement event ticket in the same or a comparable location with the approval of the consumer.
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Does not obtain more tickets in each transaction than the numerical limitations for tickets set by the venue and artist for each respective event.
Sec. 4 Deceptive websites
addedadded A ticket issuer, secondary market ticket issuer, or secondary market ticket exchange—
added
shall provide a clear and conspicuous statement, before a visitor purchases an 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;
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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, unless a partnership agreement has been executed, including by
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shall not use a domain name, or any subdomain thereof, in the URL of the ticket issuer, secondary market ticket issuer, or secondary market ticket exchange that contains—
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using words like “official” in promotional materials, social media promotions, search engine optimization, paid advertising, or search engine monetization unless the issuer or exchange has the express written consent of the venue, team, or artist, as applicable; and
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the name of a specific team, league, or venue where concerts, sports, or other live entertainment events are held, unless authorized by the owner of the name;
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the name of the exhibition or performance or of another event described in subparagraph (A), including the name of a person, team, performance, group, or entity scheduled to perform at any such venue or event, unless authorized by the owner of the name;
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any trademark or copyright not owned by the ticket issuer, secondary market ticket issuer, or secondary market ticket exchange, including any trademark or copyright owned by an authorized agent or partner of the venue or event identified in subparagraph (A) and (B); or
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any name substantially similar to those described in subparagraphs (A) and (B), including any misspelling of any such name.
Sec. 5 Refund requirements
added
added
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 ticket 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 consumer, at the option of the purchaser, at a minimum—
added
a full refund for the total cost of the event ticket, any event ticket fee, and any tax; or
added
subject to availability, if the event is postponed, a replacement event ticket in the same or a comparable location once the event has been rescheduled, with the approval of the consumer.
added
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 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 and any tax.
added
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 cost of the ticket, any event ticket fee, and any tax.
Sec. 6 Report by the Federal Trade Commission on BOTS Act of 2016 enforcement
addedadded 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
added
added
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)).
added
Powers of commission—
added
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.
added
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.).
added
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
addedadded In this Act:
added
Artist— The term artist means any performer, musician, comedian, producer, ensemble or production entity of a theatrical production, sports team owner, or similar person.
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Commission— The term Commission means the Federal Trade Commission.
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Domain name— The term domain name means a globally unique, hierarchical reference to an Internet host or service, which is assigned through centralized Internet naming authorities, and which is comprised of a series of character strings separated by periods, with the right most string specifying the top of the hierarchy.
added
Event; event ticket; ticket issuer— The terms event, event ticket, and ticket issuer have the meaning given those terms in the Better Online Ticket Sales Act of 2016 (Public Law 114–274).
added
Event ticket fee— The term event ticket fee—
added
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, and any other charge; and
added
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.
added
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.
added
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.
added
Secondary market ticket exchange— The term secondary market ticket exchange means any person that operates a platform or exchange for advertising, listing, or selling resale tickets, on behalf of itself, vendors, or a secondary market ticket issuer.
added
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.
added
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.
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URL— The term URL means the uniform resource locator associated with an internet website.
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Venue— The term venue means a physical space at which an event takes place.