I 
111TH CONGRESS 
1ST SESSION H. R. 2669 
To direct the Federal Trade Commission to prescribe rules to protect con-
sumers from unfair and deceptive acts and practices in connection with 
primary and secondary ticket sales. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 2, 2009 
Mr. PASCRELL introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To direct the Federal Trade Commission to prescribe rules 
to protect consumers from unfair and deceptive acts and 
practices in connection with primary and secondary ticket 
sales. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Better Oversight of 
Secondary Sales and Accountability in Concert Ticketing 
Act of 2009’’. 
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SEC. 2. RULES ON TRANSPARENCY OF TICKET MARKETING, 
DISTRIBUTION, AND PRICING BY PRIMARY 
TICKET SELLERS. 
Not later than 180 days after the date of enactment 
of this Act, the Federal Trade Commission shall promul-
gate rules in accordance with section 553 of title 5, United 
States Code, that include the following requirements with 
regard to the primary sale, distribution, and pricing of 
tickets: 
(1) A requirement that a primary ticket seller 
disclose and display on the website of such primary 
ticket seller the total number of tickets offered for 
sale by such primary ticket seller not less than 7 
days before the date on which tickets shall be avail-
able for primary sale. 
(2) A requirement that a primary ticket seller 
make publicly available, not less than 7 days before 
the day on which tickets shall be available for pri-
mary sale, the total number and distribution method 
of all tickets not made available for sale to the gen-
eral public, the distribution of which is the responsi-
bility of that primary ticket seller. 
(3) A requirement that the distribution method 
for each particular ticket and the date and time of 
the primary sale be printed on each such ticket. 
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(4) A requirement that the primary ticket seller 
include, with any listing of the price of a ticket on 
the primary ticket seller’s website or in any pro-
motional material where the ticket price is listed, all 
ancillary charges related to the purchase of a ticket, 
and include such charges and the total cost to the 
consumer on each individual ticket. 
(5) A requirement that a primary ticket seller 
include all ancillary charges in any refund of a ticket 
that is provided for in the primary ticket seller’s re-
fund policies. 
SEC. 3. RULES FOR SECONDARY TICKET SELLERS. 
Not later than 180 days after the date of enactment 
of this Act, the Federal Trade Commission shall promul-
gate rules in accordance with section 553 of title 5, United 
States Code, that include the following requirements and 
prohibitions with regard to the secondary sale, distribu-
tion, and pricing of tickets: 
(1) A requirement that if the secondary ticket 
seller does not possess the ticket at the time of the 
sale that such secondary ticket seller provide— 
(A) a clear statement that the secondary 
ticket seller does not possess the ticket; and 
(B) an explanation of procedures to be fol-
lowed by the purchaser to obtain a refund from 
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the secondary ticket seller if the ticket the pur-
chaser ultimately receives does not match the 
description of the ticket by the secondary ticket 
seller. 
(2) A prohibition on the purchase by a sec-
ondary ticket seller of a ticket during the first 48 
hours after such ticket is first available for primary 
sale. The prohibition in this paragraph shall not 
apply with respect to season tickets or bundled se-
ries tickets. 
(3) A requirement that a secondary ticket seller 
and online resale marketplace disclose upon offering 
a ticket for resale— 
(A) the distribution method and face value 
of each ticket; 
(B) the precise location of the seat or 
space to which the ticket would entitle the bear-
er, or, if information about the precise location 
of the seat or space is not available, descriptive 
information about the location of the seat or 
space, such as a description of a section or 
other area within the venue where the seat or 
space is located; 
(C) if the secondary ticket seller purchased 
the ticket during a public sale of tickets to the 
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