Section 1 Short title
This Act may be cited as the “Halting Organizers and Live-Event Distributors from Boosting Artificial Capacity with Known Seating Act” or the “HOLDBACKS Act”.
Halting Organizers and Live-Event Distributors from Boosting Artificial Capacity with Known Seating Act
A BILL
To require transparency of ticket sales, prohibit withholding information on the number of tickets available to inflate prices, and for other purposes.
Sec. 2 Ticket sale transparency
Requirements and prohibitions—
Ticket availability transparency—
In general— Except as provided in subparagraph (B) and not less than 7 days before the date on which tickets are first made available for primary sale, a primary ticket seller shall disclose clearly and conspicuously on the website of the seller and at the box office of the venue where an event or performance will be held the following:
The total number of scheduled occurrences at that venue that will be offered for sale to the general public.
The total number of available tickets that will be offered for sale to the general public by the primary ticket seller for each scheduled occurrence.
The total cost of an individual ticket that will be offered for sale to the general public by the seller for each scheduled occurrence.
Exception— Subparagraph (A) does not apply to a sporting event for which the total number of scheduled occurrences is not known due to the contingent length of the sporting event based on the number of wins secured by a team to terminate and end a particular series.
Prohibition on ticket withholding and dynamic pricing— A primary ticket seller may not withhold the sale of tickets to the general public for a scheduled occurrence for the purpose of—
inflating ticket prices beyond fair market value based on the availability of tickets known to the primary ticket seller at the time; or
concealing or otherwise providing misleading information on the number of tickets available for sale to the public after the primary ticket seller begins the initial offering for sale of tickets to the public.
Enforcement by Federal Trade Commission—
Unfair or deceptive acts or practices— A violation of subsection (a) or a regulation promulgated under such subsection shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
Powers of Commission— The Federal Trade Commission shall enforce subsection (a) and any regulation promulgated under such subsection 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 section. Any person who violates such subsection or a regulation promulgated under such subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
Authority preserved— Nothing in this section—
prevents the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence; and
prohibits the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State.
Definitions— In this section:
Commission— The term Commission means the Federal Trade Commission.
Primary sale— The term primary sale means, with regards to a ticket, the initial sale of a ticket.
Primary ticket seller— The term primary ticket seller means an owner or operator of a venue or sports team, a manager or provider of an event, or a provider of ticketing services (or an agent of such owner, operator, manager, or provider) that engages in the primary or initial sale of tickets for an event to the general public.
Scheduled occurrence— The term scheduled occurrence means a single event or performance by a team, performer, or artist.
Ticket— The term ticket means a printed, electronic, or other type of evidence of the right for admission to a sporting event, theater, musical performance, or place of public amusement of any kind, including bundled series tickets.
Total cost of an individual ticket— The term total cost of an individual ticket means the base price of an individual ticket and any 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 the primary ticket issuer, including any service fee, charge and order processing fee, delivery fee, facility charge fee, tax, and any other charge.
Total number of scheduled occurrences— The term total number of scheduled occurrences—
means a series of scheduled occurrences that takes place at a particular venue under the same title; and
includes an event or performance in the series with a minor change (such as a change of an opening performer).