[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1303 Reported in Senate (RS)]
<DOC>
Calendar No. 207
118th CONGRESS
1st Session
S. 1303
To require sellers of event tickets to disclose comprehensive
information to consumers about ticket prices and related fees.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Transparency In Charges for
Key Events Ticketing Act'' or the ``TICKET Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) 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).</DELETED>
<DELETED> (2) 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.</DELETED>
<DELETED> (3) 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.</DELETED>
<DELETED> (4) 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.</DELETED>
<DELETED> (5) 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.</DELETED>
<DELETED> (6) 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.</DELETED>
<DELETED> (7) 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.</DELETED>
<DELETED>SEC. 3. TICKET TRANSPARENCY REQUIREMENTS.</DELETED>
<DELETED> (a) 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.</DELETED>
<DELETED> (b) 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.</DELETED>
<DELETED>SEC. 4. ENFORCEMENT.</DELETED>
<DELETED> (a) 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)).</DELETED>
<DELETED> (b) Powers of Commission.--</DELETED>
<DELETED> (1) 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.</DELETED>
<DELETED> (2) 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.).</DELETED>
<DELETED> (3) Authority preserved.--Nothing in this Act
shall be construed to limit the authority of the Commission
under any other provision of law.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency in Charges for Key
Events Ticketing Act'' or the ``TICKET Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 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).
(2) 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.
(3) 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--
(A) open to the general public; and
(B) promoted, advertised, or marketed in interstate
commerce, or for which event tickets are generally sold
or distributed in interstate commerce.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
SEC. 3. 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--
(1) 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;
(2) 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
(3) provides an itemized list of the base event ticket
price and each event ticket fee.
SEC. 4. ENFORCEMENT.
(a) 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)).
(b) Powers of Commission.--
(1) 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.
(2) 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.).
(3) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Commission under any
other provision of law.
Calendar No. 207
118th CONGRESS
1st Session
S. 1303
_______________________________________________________________________
A BILL
To require sellers of event tickets to disclose comprehensive
information to consumers about ticket prices and related fees.
_______________________________________________________________________
September 12, 2023
Reported with an amendment