I

103D CONGRESS

2D SESSION H. R. 4995

To require the disclosure of service and other charges on tickets, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 19, 1994

Mr. DINGELL (for himself, Mr. CONDIT, and Mr. SWIFT) introduced the

following bill; which was referred to the Committee on Energy and Commerce

A BILL

To require the disclosure of service and other charges on

tickets, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Ticket Fee Disclosure

5 Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) sellers and resellers of entertainment and

9 sporting event tickets often impose service charges

10 and fees or other additional fees and charges, in ex-
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1 cess of the face amount of such tickets, to consum2 ers who purchase such tickets;

3 (2) consumers who desire to purchase entertain4 ment and sporting event tickets are entitled to full,

5 complete, and clear disclosure of any such additional

6 charges or fees;

7 (3) the failure by sellers and resellers of enter8 tainment and sporting event tickets to provide full,

9 complete, and clear disclosure of any such additional

10 charges or fees constitutes an unfair and deceptive

11 act or practice in or affecting commerce within the

12 meaning of section 5 of the Federal Trade Commis13 sion Act (15 U.S.C. 45); and

14 (4) sellers and resellers of entertainment and

15 sporting event tickets should be required to disclose

16 to potential purchasers of such tickets the amount of

17 any additional fees and charges beyond the face

18 amount of such tickets, and to have the amount of

19 such charges or fees imprinted on the ticket or on

20 a receipt evidencing any such ticket sale.

21 SEC. 3. DISCLOSURE OF SERVICE CHARGES OR ADDI22 TIONAL TICKET FEES.

23 It is unlawful for any seller or reseller (including any

24 ticket broker) of entertainment or sporting event tickets—
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1 (1) to fail to disclose to a purchaser of an en2 tertainment or sporting event ticket, prior to any

3 purchase of such ticket, any fee, charge, or assess4 ment (other than a tax or other levy imposed pursu5 ant to Federal, State, or local law) to be imposed in

6 excess of the face amount of the ticket, and

7 (2) to fail to have the amount of any such fee,

8 charge, or assessment imprinted on the ticket or on

9 a receipt evidencing any such ticket sale.

10 SEC. 4. ENFORCEMENT.

11 (a) IN GENERAL.—Section 3 shall be enforced by the

12 Federal Trade Commission under the Federal Trade Com13 mission Act (15 U.S.C. 41 et seq.). Consequently, no ac14 tivity which is outside the jurisdiction of that Act shall

15 be affected by this Act.

16 (b) ACTIONS BY THE FEDERAL TRADE COMMIS17 SION.—The Federal Trade Commission shall prevent any

18 person from violating section 3 in the same manner, by

19 the same means, and with the same jurisdiction, powers,

20 and duties as though all applicable terms and provisions

21 of the Federal Trade Commission Act (15 U.S.C. 41 et

22 seq.) were incorporated into and made a part of this Act.

23 Any person who violates section 3 shall be subject to the

24 privileges and immunities provided in the Federal Trade

25 Commission Act in the same manner, by the same means,
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1 and with the same jurisdiction, power, and duties, as

2 though all applicable terms and provisions of the Federal

3 Trade Commission Act were incorporated into and made

4 a part of this Act.

5 (c) TREATMENT OF VIOLATIONS.—Any violation of

6 section 3 shall be treated as a violation of a rule under

7 section 18 of the Federal Trade Commission Act (15

8 U.S.C. 57a) regarding unfair or deceptive acts or prac9 tices.

10 (d) EFFECT ON OTHER LAWS.—Nothing contained

11 in this Act shall be construed to limit the authority of the

12 Federal Trade Commission under any other provision of

13 law.

14 SEC. 5. ACTIONS BY STATES.

15 Whenever an attorney general of any State has rea16 son to believe that the interests of the residents of that

17 State have been or are being threatened or adversely af18 fected because any person has engaged or is engaging in

19 an act or practice in violation of section 3, the State may

20 bring a civil action on behalf of its residents in an appro21 priate district court of the United States to enjoin such

22 act or practice, to enforce compliance of section 3, to ob23 tain damages, restitution, or other compensation on behalf

24 of residents of such State, or to obtain such further and

25 other relief as the court may deem appropriate.
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1 SEC. 6. DEFINITIONS.

2 For purposes of this Act:

3 (1) The term ‘‘attorney general’’ means the

4 chief legal officer of a State.

5 (2) The term ‘‘State’’ means any State of the

6 United States, the District of Columbia, Puerto

7 Rico, the Northern Mariana Islands, and any terri8 tory or possession of the United States.

Æ