[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6568 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 6568

  To prohibit speculative ticketing as an unfair or deceptive act or 
                   practice, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 4, 2023

    Mr. Armstrong (for himself, Ms. Schakowsky, and Mr. Bilirakis) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To prohibit speculative ticketing as an unfair or deceptive act or 
                   practice, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Speculative Ticketing Oversight and 
Prohibition Act'' or the ``STOP Act of 2023''.

SEC. 2. SPECULATIVE TICKETING BAN.

    (a) 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 of such event ticket.
    (b) 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:
            (1) Does not market or list the service as an event ticket.
            (2) 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.
            (3) 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.
            (4) 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--
                    (A) a full refund for the total cost of the service 
                to obtain an event ticket on behalf of the consumer; or
                    (B) subject to availability, a replacement event 
                ticket in the same or a comparable location with the 
                approval of the consumer.
            (5) 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. 3. DECEPTIVE WEBSITES.

    A ticket issuer, secondary market ticket issuer, or secondary 
market ticket exchange--
            (1) 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;
            (2) 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 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
            (3) 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--
                    (A) 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;
                    (B) 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;
                    (C) 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 
                subparagraphs (A) and (B); or
                    (D) any name substantially similar to those 
                described in subparagraphs (A) and (B), including any 
                misspelling of any such name.

SEC. 4. REFUND REQUIREMENTS.

    (a) 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 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--
            (1) a full refund for the total cost of the event ticket, 
        any event ticket fee, and any tax; or
            (2) 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.
    (b) 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.
    (c) 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. 5. REPORT BY THE FEDERAL TRADE COMMISSION ON BOTS ACT OF 2016 
              ENFORCEMENT.

    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. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

    (a) Unfair or Deceptive Act or Practice.--A violation of this Act 
shall be treated as a violation of a regulation 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.--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.
    (c) 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.).
    (d) Authority Preserved.--Nothing in this Act shall be construed to 
limit the authority of the Commission under any other provision of law.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Artist.--The term ``artist'' means any performer, 
        musician, comedian, producer, ensemble or production entity of 
        a theatrical production, sports team owner, or similar person.
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) 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.
            (4) 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).
            (5) Event ticket fee.--The term ``event ticket fee''--
                    (A) 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, 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
                    (B) 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) 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.
            (8) 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.
            (9) 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.
            (10) URL.--The term ``URL'' means the uniform resource 
        locator associated with an internet website.
            (11) Venue.--The term ``venue'' means a physical space at 
        which an event takes place.
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