[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