[House Report 119-66]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-66
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TRANSPARENCY IN CHARGES FOR KEY EVENTS TICKETING ACT
_______
April 24, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Guthrie, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 1402]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 1402) to require sellers of event tickets to
disclose comprehensive information to consumers about ticket
prices and related fees, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Committee Action................................................. 2
Committee Votes.................................................. 3
Oversight Findings and Recommendations........................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 3
Statement of General Performance Goals and Objectives............ 3
Duplication of Federal Programs.................................. 3
Related Committee and Subcommittee Hearings...................... 4
Committee Cost Estimate.......................................... 4
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 6
PURPOSE AND SUMMARY
H.R. 1402, the Transparency In Charges for Key Events
Ticketing Act, or the TICKET Act, was introduced by
Representative Bilirakis on February 18, 2025, and referred to
the Committee on Energy and Commerce. H.R. 1402 requires
sellers of event tickets, on the primary and secondary markets,
to disclose comprehensive information to consumers about ticket
prices, seat saver programs, and refunds. The Federal Trade
Commission (FTC) will enforce the provisions of the Act.
BACKGROUND AND NEED FOR LEGISLATION
According to the Wall Street Journal, nearly 60 percent of
Americans have had to cut back on spending on live
entertainment because of rising costs, with 37 percent of
survey respondents saying they can't keep up with the rising
price of events they would like to attend, and 20 percent being
willing to take out debt to continue to afford their favorite
entertainment activities.\1\
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\1\Robbie Whelan and Anne Steele, It's Getting Too Expensive to
Have Fun, Wall Street Journal (Oct. 2023), https://www.wsj.com/economy/
consumers/its-getting-too-expensive-to-have-fun-a59e9df8.
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Junk fees, associated with event ticketing, often mislead
or confuse consumers. Such fees, which often seem like they
should be included in the total price, are a way of increasing
prices without increasing prices.\2\ Consumers find these
prices to be annoying, and that they lack transparency leading
to material information being omitted from pricing
information.\3\ This often harms consumers who are price
shopping for the best value. The worst part of these fees are
that they are often levied after the checkout process has been
completed. One expert, Jeff Galak, a professor of marketing at
Carnegie Mellon University's Tepper School of Business,
explained that ``[b]y the time the fee is tacked on, it's too
late . . . It's either actually too late, like `I'm standing at
the hotel check-in desk, I don't have a choice anymore.' Or
it's apparently too late.''\4\
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\2\Cora Lewis, The White House has proposed cracking down on junk
fees. Here's how to avoid them, (Nov 2. 2023), https://apnews.com/
article/junk-fees-hidden-federal-trade-commission-
2271f63bb842958a430f39cf1cffeca8.
\3\Clear Barrett, `Drip Pricing' is a Scandal, Financial Times
(Sept. 2023) https://www.ft.com/content/44ae564c-2758-415f-9728-
20a8bc092ffb.
\4\Stacey Vanek Smith, Fees added to bills are costing consumers
billions. Now, regulators are cracking down, NPR Transcript (July
2023), https://www.npr.org/2023/07/25/1190081421/fees-added-to-bills-
are-costing-consumers-billions-now-regulators-are-cracking-d.
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By requiring sellers of event tickets on the primary and
secondary markets to disclose comprehensive information to
consumers about ticket prices, seat saver programs, refunds,
and curbing deceptive websites claiming to sell event tickets,
H.R. 1402 will enhance the transparency of the ticketing market
for consumers. Additionally, it will provide an enforcement
mechanism for fake and deceptive websites claiming to be
selling legitimate event tickets.
COMMITTEE ACTION
On September 27, 2023, the Subcommittee on Innovation,
Data, and Commerce held a hearing entitled ``Proposals to
Enhance Product Safety and Transparency for Americans'' on the
TICKET Act, as well as a discussion draft to address
speculative ticketing reforms. The Subcommittee received
testimony from:
Kathleen Callahan, Owner, Xpertech Auto
Repair;
Scott Benavidez, Chairman, Automotive
Service Association;
Steven Michael Gentine, Counsel, Arnold &
Porter, LLP;
John Breyault, Vice President of Public
Policy, Telecommunications and Fraud, National
Consumers League; and
David Touhey, Certified Venue Expert,
Principal, Connett Consulting (IAVM, Fix the Tix
Coalition member, former president of venues,
Monumental Sports); and Adjunct Professor of sports
management, Georgetown University and George Washington
University.
On April 8, 2025, the full Committee on Energy and Commerce
met in open markup session and ordered H.R. 1402, without
amendment, favorably reported to the House by a voice vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. There were no record votes taken in connection with
ordering H.R. 1402 reported.
OVERSIGHT FINDINGS AND RECOMMENDATIONS
Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII, the Committee held a hearing and made findings that
are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY,
AND TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 1402 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to provide
the following in the field of event ticketing: all inclusive
ticket price disclosures; speculative ticketing ban; limit the
use of deceptive websites in the sale of event tickets; provide
refund requirements; and study the Federal Trade Commission's
enforcement of the Better Online Ticket Sales Act of 2016.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 1402 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
RELATED COMMITTEE AND SUBCOMMITTEE HEARINGS
Pursuant to clause 3(c)(6) of rule XIII, the following
hearing was used to develop or consider H.R. 1402:
On September 27, 2023, the Subcommittee on
Innovation, Data, and Commerce held a hearing entitled
``Proposals to Enhance Product Safety and Transparency
for Americans'' on the TICKET Act, as well as a
discussion draft to address speculative ticketing
reforms. The Subcommittee received testimony from:
Kathleen Callahan, Owner,
Xpertech Auto Repair;
Scott Benavidez, Chairman,
Automotive Service Association;
Steven Michael Gentine, Counsel,
Arnold & Porter, LLP;
John Breyault, Vice President of
Public Policy, Telecommunications and Fraud,
National Consumers League; and
David Touhey, Certified Venue
Expert, Principal, Connett Consulting (IAVM,
Fix the Tix Coalition member, former president
of venues, Monumental Sports); and Adjunct
Professor of sports management, Georgetown
University and George Washington University.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974. At the time this report was
filed, the estimate was not available.
EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 1402 contains no earmarks, limited
tax benefits, or limited tariff benefits.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 designates that the short title may be cited as
the ``Transparency In Charges for Key Events Ticketing Act'' or
the ``TICKET Act.''
Section 2. All inclusive ticket price disclosure
Section 2 makes it unlawful, beginning 180 days after
enactment, for a ticket issuer, secondary market ticket issuer,
or secondary market ticket exchange to offer for sale an event
ticket unless the issuer or exchange: (1) clearly and
conspicuously displays the total event ticket price; (2)
clearly and conspicuously discloses to a prospective purchaser
the total event ticket price the first time the price is
displayed and anytime thereafter throughout the ticket buying
process; and (3) provides an itemized list of the base event
ticket price and each ticket fee prior to the completion of the
purchase of a ticket.
Section 3. Speculative ticketing ban
Section 3 prohibits, beginning 180 days of enactment, an
issuer or ticket exchange from selling, offering for sale, or
advertising such sale of an event ticket for a ticket that the
issuer or exchange does not have actual or constructive
possession of. This section does not prohibit an issuer or
exchange from offering a service to consumers to obtain an
event ticket on behalf of the consumer so long as the issuer or
exchange complies with the following: (1) does not list the
service as an event ticket; (2) maintains clear, distinct, and
easily discernable separation between the service and event
tickets that persists throughout the entire service selection
and purchasing process; and (3) clearly and conspicuously
discloses before selection of the service that the service is
not an event ticket and the purchase of such a service does not
guarantee an event ticket.
Section 4. Disclosures
Section 4 states that issuers and exchanges must: (1)
provide a clear and conspicuous statement before purchase that
the issuer or exchange is engaged in the secondary sale of
tickets; (2) not state that the issuer or exchange is
affiliated with or endorsed by a venue, team, or artist, unless
such a partnership agreement has been executed; and (3) shall
not use a domain name or any subdomain thereof, in the URL of
the issuer or exchange that contains the name of a venue unless
authorized by the owner.
Section 5. Refund requirements
Section 5 details minimum refund requirements in the event
of a cancellation or postponement of an event, including full
refunds for cancelled events and replacement tickets for
postponed events. It requires disclosure of guarantee and
refund policy, in addition to how to obtain a refund required
by the Act. It takes effect 180 days after enactment.
Section 6. Report by the Federal Trade Commission on BOTS Act of 2016
enforcement
Section 6 requires the Federal Trade Commission to submit a
report to Congress on the enforcement of the Better Online
Ticket Sales Act of 2016 (Pub. L. 114-275; 15 U.S.C. 45c),
including any enforcement action taken, challenges with
enforcement and coordination with State Attorneys General, and
recommendation on how to improve enforcement and industry
compliance, not later than 6 months after enactment.
Section 7. Enforcement
Section 7 requires the Federal Trade Commission to treat a
violation of the Act 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)).
Section 8. Definitions
Section 8 provides relevant definitions related to the Act.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.