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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 281 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  1st Session
                                 S. 281

     To require sellers of event tickets to disclose comprehensive 
   information to consumers about ticket prices and related fees, to 
        prohibit speculative ticketing, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2025

Mr. Schmitt (for himself and Mr. Markey) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
     To require sellers of event tickets to disclose comprehensive 
   information to consumers about ticket prices and related fees, to 
        prohibit speculative ticketing, and for other purposes.

    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) Services Permitted.--Notwithstanding subsection (a), a 
secondary market ticket issuer or secondary market ticket exchange may 
sell, offer for sale, or advertise for sale a service to an individual 
to obtain an event ticket on behalf of such individual 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 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.

SEC. 4. DISCLOSURES.

    A ticket issuer, secondary market ticket issuer, or secondary 
market ticket exchange--
            (1) if offering an event ticket for resale, shall provide a 
        clear and conspicuous statement, before a consumer purchases 
        the 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; and
            (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, including by using words like ``official'' in 
        promotional materials, social media promotions, or paid 
        advertising, unless a partnership agreement has been executed 
        or the issuer or exchange has the express written consent of 
        the venue, team, or artist, as applicable.

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 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 purchaser of an event ticket from the issuer 
or exchange for the canceled or postponed event, at a minimum--
            (1) if the event is cancelled, a full refund for the total 
        event ticket price;
            (2) subject to availability, if the event is postponed for 
        not more than 6 months and the original event ticket is no 
        longer valid for entry to the rescheduled event, a replacement 
        event ticket for the rescheduled event in the same or a 
        comparable location once the event has been rescheduled; or
            (3) if the event is postponed for more than 6 months, at 
        the option of the purchaser--
                    (A) a full refund for the total event ticket price; 
                or
                    (B) if the original event ticket is no longer valid 
                for entry to the rescheduled event, a replacement event 
                ticket for the rescheduled event in the same or a 
                comparable location once the event has been 
                rescheduled.
    (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 to a purchaser before the 
completion 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.
    (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 event ticket price.

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) Base event ticket price.--The term ``base event ticket 
        price'' means, with respect to an event ticket, the price of 
        the event ticket excluding the cost of any event ticket fees.
            (3) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (4) Event.--The term ``event'' means any live concert, 
        theatrical performance, sporting event, show, or similarly 
        scheduled live activity, that is--
                    (A) taking place in a venue with a seating or 
                attendance capacity exceeding 200 persons;
                    (B) open to the general public; and
                    (C) promoted, advertised, or marketed in interstate 
                commerce, or for which event tickets are generally sold 
                or distributed in interstate commerce.
            (5) Event ticket; ticket issuer.--The terms ``event 
        ticket'' and ``ticket issuer'' have the meaning given those 
        terms in the Better Online Ticket Sales Act of 2016 (Public Law 
        114-274).
            (6) 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, tax, 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.
            (7) 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.
            (8) 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.
            (9) Secondary market ticket exchange.--The term ``secondary 
        market ticket exchange'' means any person that in the regular 
        course of trade or business of that person operates a platform 
        or exchange for advertising, listing, or selling resale 
        tickets, on behalf of itself, vendors, or a secondary market 
        ticket issuer.
            (10) 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.
            (11) 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.
            (12) Venue.--The term ``venue'' means a physical space at 
        which an event takes place.
                                 <all>
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