[Congressional Record Volume 170, Number 83 (Tuesday, May 14, 2024)]
[House]
[Pages H3043-H3046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPARENCY IN CHARGES FOR KEY EVENTS TICKETING ACT
Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3950) to require sellers of event tickets to disclose
comprehensive information to consumers about ticket prices and related
fees, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3950
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. ALL INCLUSIVE TICKET PRICE DISCLOSURE.
Beginning 180 days after the date of the enactment of this
Act, it shall be unlawful for a ticket issuer, secondary
market ticket issuer, or secondary market ticket exchange to
offer for sale an event ticket unless the ticket issuer,
secondary market ticket issuer, or secondary market ticket
exchange--
(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 prior to the completion of
the ticket purchasing process.
SEC. 3. 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 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. 4. 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 (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--
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
(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 subparagraph (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. 5. 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 or postponed
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
[[Page H3044]]
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. 6. 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. 7. ENFORCEMENT.
(a) Unfair or Deceptive Act or Practice.--A violation of
this Act 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 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.
(2) 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.).
(3) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Commission under any
other provision of law.
SEC. 8. 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 for an event ticket 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) 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 fee.
(11) URL.--The term ``URL'' means the uniform resource
locator associated with an internet website.
(12) Venue.--The term ``venue'' means a physical space at
which an event takes place.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Bilirakis) and the gentleman from New Jersey (Mr. Pallone)
each will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous material on this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, today, I am honored to speak in support of my bipartisan
bill, H.R. 3950, the Transparency In Charges for Key Events Ticketing
Act, or the TICKET Act.
Mr. Speaker, I thank my bipartisan co-lead on this particular piece
of legislation, the ranking member of the subcommittee, Ms. Jan
Schakowsky, from the great State of Illinois. We have had true
collaboration and partnership on this initiative, and I am grateful
that we are able to move this bipartisan initiative forward. I thank
the staff, too, on both sides. They did an incredible job on this
particular piece of legislation, and it really is needed.
H.R. 3950 addresses price transparency in the live event ticketing
marketplace, which has long been plagued by hidden and confusing fees
tacked on at the end of the checkout process. It would require ticket
issuers, including issuers on the secondary market, for live events to
clearly and conspicuously disclose at the beginning of the transaction,
and throughout the ticket purchasing process, the total ticket price
for the event and an itemized list of the base ticket price and each
fee associated with the total price. It is as simple as that. It is not
a lot to ask for.
Further, this upfront pricing requirement includes the total ticket
price in any advertisements or other marketing activities.
The TICKET Act also incorporates H.R. 6568, the Speculative Ticketing
Oversight and Prohibition Act, or the STOP Act, led by Representatives
Armstrong and Blunt Rochester.
This additional language will hold bad actors accountable for ripping
off and defrauding consumers through the sale of fake tickets that they
do not possess, referred to as speculative tickets. It also prevents
bad actors from using deceptive ticketing websites or fake URLs.
No fan should be caught left with nowhere to turn when they have been
sold a fake ticket that they thought they had purchased from a website
selling tickets only to find out that the website is a scam and the
ticket does not exist at all.
This bill also provides fans with refunds if the event is canceled or
postponed and requires the FTC to study the enforcement of the BOTS Act
and hurdles that law enforcement may have when going after bad actors
that use fake ticket purchasing bots, which are already illegal.
It is important that the House passes this particular legislation,
and I hope the Senate will approve this without delay, as this bill
will have an immediate impact on providing market transparency and
enhancing the event ticketing experience for consumers.
As Americans look to attend summer outings, this will provide an
enforcement mechanism for fake and deceptive websites claiming to be
selling legitimate event tickets.
Mr. Speaker, I thank all the stakeholders for working with us and for
their input on this initiative, and I thank the staff, as well. I know
that we have struck a key balance between both sides of the aisle to
protect consumers and, ultimately, pass the most consequential
ticketing reform in years.
We have to get it through the Senate, as well.
Mr. Speaker, I encourage all of my colleagues to pass this particular
piece of legislation on behalf of their constituents who may buy a
birthday present for a child and think they have budgeted enough money
for that, whether it is a baseball game, football game, or any type of
a concert, what have you, and, lo and behold, they are surprised that
they don't have the funds because of these overcharges or whatever you
want to call them. Hidden fees is what they are.
Let's pass this bill and make sure that our families have the
opportunity to take their children, their spouses, or their friends to
these wonderful events that take place in our country.
Mr. Speaker, I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to speak in support of H.R. 3950, the TICKET Act.
I
[[Page H3045]]
want to start by applauding Chair Bilirakis and Ranking Member
Schakowsky of the Innovation, Data, and Commerce Subcommittee for all
of their hard work in producing a bipartisan ticketing bill with strong
protections for consumers.
Mr. Speaker, I also commend my friend and colleague from New Jersey
(Mr. Pascrell) for his tireless efforts and leadership to improve the
ticketing experience for consumers. This is something that has been
very important in our State of New Jersey.
For years, Representative Pascrell has fought to ensure that those
who want to enjoy their favorite sports team or see their favorite
artists can do so without breaking the bank. Representative Pascrell
has been a staunch advocate to ensure fairness and transparency in the
ticketing marketplace, and I am proud to have partnered with him in his
efforts.
Those efforts are directly reflected in the bipartisan bill we have
before us today. H.R. 3950, the TICKET Act, incorporates many of the
proposals that Representative Pascrell and I have called for over the
last several years.
This bill mandates all-in pricing disclosure, bans speculative
ticketing, requires refunds for cancellations or postponements, and
prohibits deceptively named ticketing websites. That means consumers
won't be hit with additional fees when they go to checkout. They will
also know that the ticket they are purchasing is from a reputable
website and in the seller's actual possession.
I am pleased we were able to come to a strong bipartisan consensus so
that we can help consumers who just want to go to see their favorite
artists perform.
While I believe there is still more that can be done to address
anticonsumer practices in the ticketing space, this bill goes a long
way in improving the ticket buying and event experience for all fans.
Madam Speaker, I strongly encourage all of my colleagues to support
this bill, and I reserve the balance of my time.
Mr. BILIRAKIS. Madam Speaker, I reserve the balance of my time.
Mr. PALLONE. Madam Speaker, I yield such time as she may consume to
the gentlewoman from Illinois (Ms. Schakowsky).
Ms. SCHAKOWSKY. Madam Speaker, I rise in strong support of this
legislation, H.R. 3950, the TICKET Act.
As my colleague and the chair of the subcommittee, Mr. Bilirakis, has
said, we worked for months to finally get to this legislation being
here today. I am so excited about it.
Madam Speaker, we have been hearing about this issue for a very long
time, and I appreciate Congressman Pascrell pushing it for as long as
he did. Here we finally are. Totally bipartisan, this bill passed
unanimously out of the Energy and Commerce Committee, but it took some
work for us to finally get here. I am very happy that we have.
The bill really has three separate parts.
One is that we make sure that the price consumers think they are
going to pay when they first go online or see an advertisement is the
price they will pay. Right now, many consumers have found they think
they know the price when they go online, but when they finally finish
and are at the end of the contract that they want to sign, they find
that it could be 10, 20, 30, 40 percent more than they thought it was
going to be.
That is a decision moment. Are they going to be able to go to that
venue? Are they going to be able to go to that concert? Are they going
to be able to go to that ballpark or to that game? Can they really
afford it? Their children are begging to be able to go to that concert,
yet it is far more than they thought it was going to be.
This legislation will finally put an end to those hidden prices. The
price consumers see is the price that they will pay.
Number two, for refunds, how many times have people gotten tickets
and then found out that the concert or the event has actually been
canceled? Now, they will have to be compensated fully if that happens.
{time} 1600
The third is the scammers. There are websites that are fake that are
hooking in people to buy from them, and now under this legislation, the
Federal Trade Commission will go strongly after them.
This is not necessarily one of these pieces of legislation that saves
your life, as we have heard today from the Energy and Commerce
Committee, but it is one of the great aggravations that lots of
families face when they want to have that special day.
I am very happy not only for consumers but also for artists and also
for the venues that are going to benefit from this legislation.
I certainly urge all of my colleagues to vote ``yes'' on this
important legislation, and once again, I applaud the bipartisan effort
of all the players who were involved in getting this passed.
Mr. PALLONE. Madam Speaker, I yield such time as he may consume to
the gentleman from New Jersey (Mr. Pascrell).
Mr. PASCRELL. Madam Speaker, a fan shouldn't have to sell a kidney or
mortgage a house to see their favorite performer or team. That is what
it has come to. That is what it has come to.
Of course, I remain committed to the BOSS and SWIFT ACT. It just
takes a little longer. Sometimes we are slow learners. I am catching up
to you. This is the most comprehensive and consumer friendly ticket
reform bill.
This is a big deal. This is a very big deal because the chairman and
the ranking member have introduced a lot of bills that protect
consumers today. First of all, it is rare that it is bipartisan. Second
of all, you are going to be really helping the consumer because that is
who we serve. They pay our salaries. Everybody is a consumer. If you
want to go to a concert, you want to send your family to a concert, you
need a train load of money because people want to act like gangsters.
They should go into the movies.
I want to thank Mr. Pallone who has been a tireless supporter of
consumers in our quest to fix the ticket market for years. Of course,
our solution is a little different. The ultimate solution is to break
up Ticketmaster. They should have never been allowed under a Democratic
administration to join together. I am a Democrat, and I am saying that
to you, Madam Speaker.
Six years ago, Mr. Pallone and I called on the Federal Trade
Commission to do more to protect consumers. In response, the FTC
organized a workshop on live-event tickets to review the many
challenges faced by ticket-buying fans. It is a menagerie. It was at
that workshop that every single ticket seller agreed to the concept of
an all-in ticket pricing law.
All-in ticket pricing is a policy I have been fighting for since
2009, and it will make a real difference, I believe, in people's lives.
This change will take some of the mystery and the frustration out of
concert on-sales, and it will also allow Americans to make real price
comparisons. That is big.
What we are doing is setting up a system, and have set up and have
allowed to be set up a system wherein only those affluent enough to
afford those concerts--I mean, music, plays, ball games, they are for
everybody. They should be accessible.
Today's measure includes other items we have been seeking for years.
Speculative tickets posted by sellers have led to countless horror
stories for fans across America. In fact, I first understood this
problem best when I started to get letters from Canada about this
situation in 2008 and 2009.
The committee added two items from the BOSS and SWIFT ACT helping
consumers get their refunds and ensuring fans are not duped by shady
websites--and there are enough of them. They are out there. You can't
believe it when you read it. People don't know what they are paying for
the tickets when they finally get charged. They don't know what the
fees are. The ticket market is like the Wild West--mammoth, opaque,
speculative, and brutally unfair.
They are all in on it. Whether you are talking about the stars,
whether you are talking about the actual sellers, they want to control
everything. They want to control the venues, the beer and the peanuts--
you name it, the whole situation. That is why Ticketmaster controls at
least 80 percent of the market--80 percent. If that is not a monopoly,
what is? I will listen. I will listen.
[[Page H3046]]
While we need to do much more, today's bill starts to lay down the
law to achieve real change for Americans. We are doing it Jersey style.
They will catch up with us.
Mr. PALLONE. Madam Speaker, I will close by just saying this is a
piece of legislation that many of us have been working on for some
time, so we are pleased to see that it is finally seeing the light of
day. I urge my colleagues on both sides of the aisle to support this
bill, and I yield back the balance of my time.
Mr. BILIRAKIS. Madam Speaker, I yield myself the balance of my time.
I am just proud that I played a small role in passing this
legislation. Obviously, I am the sponsor, but we had Mr. Pascrell from
New Jersey and every time I went around to the Democratic side to talk
about particular bills, he would grab me and talk to me about the BOSS
and SWIFT ACT. Mr. Pascrell actually made a good bill better, and we
appreciate him so very much.
Again, without Chair Rodgers, Ranking Member Pallone, and the ranking
member of the subcommittee, my partner, Ms. Schakowsky, this never
would have gotten done.
Our constituents will benefit from this. You know what, this is a
great example of how Congress should intervene.
Again, we passed it out of the House. We have got to lobby the Senate
to get this done as soon as possible.
I want to thank the staff. We couldn't do it without the staff, that
is for sure, on both sides of the aisle working out the details. Energy
and Commerce is famous for working together and protecting our
consumers.
Madam Speaker, I urge passage of this particular bill, and I yield
back the balance of my time.
The SPEAKER pro tempore (Ms. Tenney). The question is on the motion
offered by the gentleman from Florida (Mr. Bilirakis) that the House
suspend the rules and pass the bill, H.R. 3950, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BILIRAKIS. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________