Consumer Protection In Event Ticketing Sales

The bill amends consumer protection law regarding ticket sales and resales for events. Section 1 of the bill amends definitions related to event ticket sales to:

• Define an "operator" as a person that owns or operates a place of entertainment or that promotes or produces entertainment;
• Define a "primary ticket seller" as a person that sells tickets for original sale on behalf of an operator ;
• Specify that a "reseller" includes an event operator who acts as a reseller of event tickets; and
• Define a "rights holder" as a person with initial ownership rights to sell a ticket to an event.

Current law imposes certain restrictions on the resale of tickets. Section 1 exempts from those ticket resale restrictions allows an operator to restrict the resale of tickets to events that are initially offered at no charge or as part of a charitable event or for tickets that are offered in compliance with the "Americans with Disabilities Act".Section 1 also The bill allows an event operator to revoke or restrict any tickets to an event that are for a violation of venue policies, to protect the safety of patrons, or to address fraud or misconduct. purchased or sold through deceptive trade practices.Section 2 specifies that a person engages in deceptive trade practices when, in the course of the person's business, vocation, or occupation, the person:

• Uses computer software or systems that run automated tasks to purchase tickets to events or to circumvent or disable ticket limitation and security measures;
• Displays trademarked, copyrighted, or substantially similar web designs, URLs, or other images and symbols without the consent of the trademark or copyright holder, operator, or rights holder;
• Sells a ticket to an event without disclosing the total cost of the ticket, including the cost of any service charge or other fees that must be paid, or displays service charges and fees less prominently than the total price of the ticket;
• Increases the price of a ticket once the ticket has been selected for purchase, with the exception of adding delivery fees; or
• Advertises, offers for sale, or contracts for the resale of a ticket unless the ticket conforms to its description as advertised, the person has possession or constructive possession of the ticket , and the person has an agreement with permission from the rights holder.

Section 2 also outlines a civil penalty structure for transactions in which one or more tickets are sold or acquired in a manner that constitutes a deceptive trade practice.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)