[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.

                          ____________________