[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1303 Introduced in Senate (IS)]
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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
_______________________________________________________________________
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,
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; 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).
(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) 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.
(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.
(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.
(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.
(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.
SEC. 3. TICKET TRANSPARENCY REQUIREMENTS.
(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.
(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.
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.
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