II
Calendar No. 207
118th CONGRESS
1st Session
S. 1303
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Cruz (for himself and Ms. Cantwell) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
September 12, 2023
Reported by Ms. Cantwell, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To require sellers of event tickets to disclose comprehensive information to consumers about ticket prices and related fees.
Short title
This Act may be cited as the Transparency In Charges for Key Events Ticketing Act
or the TICKET Act
.
Definitions
In this Act:
Commission; event; event ticket; ticket issuer
The terms Commission, event, event ticket, and ticket issuer have the same meanings as in the Better Online Ticket Sales Act of 2016 (Public Law 114–274).
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.
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 fees.
Event ticket fee
The term event ticket fee 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 service fees, charge and order processing fees, delivery fees, facility charge fees, taxes, and other charges, and 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.
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.
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.
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.
Ticket transparency requirements
Disclosure of pricing information
Beginning 90 days after the date of 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 individual's selection 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.
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 and prior to an individual's selection of an event ticket to purchase a statement that the ticket issuer or secondary market ticket issuer does not possess the ticket at the time the ticket is being sold or offered for sale.
Enforcement
Unfair or deceptive act or practice
A violation of section 3 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)).
Powers of commission
In general
The Commission shall enforce section 3 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.
Privileges and immunities
Any person who violates section 3 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.).
Authority preserved
Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.
Short title
This Act may be cited as the Transparency in Charges for Key Events Ticketing Act
or the TICKET Act
.
Definitions
In this Act:
Commission; event ticket; ticket issuer
The terms Commission, event ticket, and ticket issuer have the same meanings as in the Better Online Ticket Sales Act of 2016 (Public Law 114–274).
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.
Event
The term event means any live concert, theatrical performance, sporting event, show, or similarly scheduled live activity, taking place in a venue with a seating or attendance capacity exceeding 200 persons that is—
open to the general public; and
promoted, advertised, or marketed in interstate commerce, or for which event tickets are generally sold or distributed in interstate commerce.
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 fees.
Event ticket fee
The term event ticket fee 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 service fees, charge and order processing fees, delivery fees, facility charge fees, taxes, and other charges, and 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.
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.
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.
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.
All-inclusive ticket price disclosure
Beginning 120 days after the date of 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, if a price is displayed, in any advertisement, marketing, or price list wherever the ticket is offered for sale;
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
provides an itemized list of the base event ticket price and each event ticket fee.
Enforcement
Unfair or deceptive act or practice
A violation of section 3 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)).
Powers of commission
In general
The Commission shall enforce section 3 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.
Privileges and immunities
Any person who violates section 3 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.).
Authority preserved
Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.
September 12, 2023
Reported with an amendment