Mass. Gen. Laws ch. 140, sec. 185D — MA Code / Part I / Title XX / Chapter 140 / Section 185D
Refunds and replacement tickets; display of service charge or fee; penalties; membership fees
Status: in_force

Section 185D. (a) For the purpose of this section, ''service charges'' shall mean costs incurred by a licensee related solely to the procuring and selling of tickets to any theatrical exhibition, public show or public amusement or exhibition and not related to the general business operation of the licensee. Service charges shall include, but shall not be limited to, charges for messengers, postage and long-distance telephone calls, extensions of credit and costs attributable thereto. (b) No licensee under section 185A shall sell tickets, resell tickets or facilitate the sale or resale of any ticket to any theatrical exhibition, public show or public amusement or exhibition of any description without a guarantee to each purchaser of such sold or resold tickets that they shall provide a full refund of the amount paid by the purchaser, including, but not limited to, all service charges if any of the following occurs: (i) the event for which such ticket has been sold or resold is cancelled; (ii) the ticket received by the purchaser does not grant the purchaser admission to the event described on the ticket; (iii) the ticket was not delivered to the purchaser prior to the occurrence of the event, unless such failure of delivery was due to an act or omission of the purchaser; or (iv) the ticket fails to conform to its description as advertised unless the purchaser has pre-approved a substitution of tickets. Provision of a replacement ticket to the same event that is in a comparable location, where applicable, and at no additional cost to the consumer, shall be considered providing a full refund for the purposes of this section. (c) A licensee shall disclose in a clear and conspicuous manner the portion of the ticket price stated in dollars that represents a service charge or any other fee or surcharge to the purchaser. Such a disclosure of the total cost and fees shall be displayed in the ticket listing prior to the ticket being selected for purchase; provided, that the total ticket price, inclusive of any service charges or any other fee or surcharge but excluding taxes, shall be disclosed at the time of the initial presentation or listing of the ticket price. Disclosures of subtotals, fees, charges and any other component of the total price shall not be false or misleading and may not be presented more prominently or in a larger size than the total price. Failure to disclose the fees clearly and conspicuously or misrepresenting the total ticket price under this section shall constitute an unfair or deceptive act or practice under chapter 93A. (d) Any person, firm, corporation or other entity who violates this section may be barred from licensure for a period not to exceed 3 years and shall be subject to a civil penalty of not more than $5,000 per violation. (e) The imposition of a fee, on an annual or per order basis, for customers purchasing tickets other than by immediate payment therefor in cash, which includes a membership fee, office expenses and other costs of processing credit card orders, shall not be deemed a violation of this section.

Section 185D. (a) For the purpose of this section, ''service charges'' shall mean costs incurred by a licensee related solely to the procuring and selling of tickets to any theatrical exhibition, public show or public amusement or exhibition and not related to the general business operation of the licensee. Service charges shall include, but shall not be limited to, charges for messengers, postage and long-distance telephone calls, extensions of credit and costs attributable thereto.

(b) No licensee under section 185A shall sell tickets, resell tickets or facilitate the sale or resale of any ticket to any theatrical exhibition, public show or public amusement or exhibition of any description without a guarantee to each purchaser of such sold or resold tickets that they shall provide a full refund of the amount paid by the purchaser, including, but not limited to, all service charges if any of the following occurs: (i) the event for which such ticket has been sold or resold is cancelled; (ii) the ticket received by the purchaser does not grant the purchaser admission to the event described on the ticket; (iii) the ticket was not delivered to the purchaser prior to the occurrence of the event, unless such failure of delivery was due to an act or omission of the purchaser; or (iv) the ticket fails to conform to its description as advertised unless the purchaser has pre-approved a substitution of tickets. Provision of a replacement ticket to the same event that is in a comparable location, where applicable, and at no additional cost to the consumer, shall be considered providing a full refund for the purposes of this section.

(c) A licensee shall disclose in a clear and conspicuous manner the portion of the ticket price stated in dollars that represents a service charge or any other fee or surcharge to the purchaser. Such a disclosure of the total cost and fees shall be displayed in the ticket listing prior to the ticket being selected for purchase; provided, that the total ticket price, inclusive of any service charges or any other fee or surcharge but excluding taxes, shall be disclosed at the time of the initial presentation or listing of the ticket price. Disclosures of subtotals, fees, charges and any other component of the total price shall not be false or misleading and may not be presented more prominently or in a larger size than the total price. Failure to disclose the fees clearly and conspicuously or misrepresenting the total ticket price under this section shall constitute an unfair or deceptive act or practice under chapter 93A.

(d) Any person, firm, corporation or other entity who violates this section may be barred from licensure for a period not to exceed 3 years and shall be subject to a civil penalty of not more than $5,000 per violation.

(e) The imposition of a fee, on an annual or per order basis, for customers purchasing tickets other than by immediate payment therefor in cash, which includes a membership fee, office expenses and other costs of processing credit card orders, shall not be deemed a violation of this section.