2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 7 - SPECIFIC PROVISIONS (§§ 6-1-701 — 6-1-736) › Section 6-1-720 - [Effective 8/7/2024] Ticket sales - deceptive trade practice - definitions

(1)
A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:
(a)
Uses or causes to be used a software application that runs automated tasks over the internet to access a computer, computer network, or computer system, or any part thereof, for the purpose of purchasing tickets in excess of authorized limits for an online event ticket sale with the intent to resell such tickets;
(b)
Uses or causes to be used a software application that runs automated tasks over the internet that circumvents or disables any electronic queues, waiting periods, or other sales volume limitation systems associated with an online event ticket sale.
(c)
Uses or causes to be used an internet domain name or subdomain name in an operator's or reseller's URL if the internet domain name or subdomain name used contains any of the following without prior written authorization:
(I)
The name of the place of entertainment;
(II)
The name of the event, including the name of the individual or entity scheduled to perform or appear at the event; or
(III)
A name substantially similar to those described in subsections (1)(c)(I) and (1)(c)(II) of this section;
(d)
Uses or causes to be used, without prior written authorization, an internet website to display a text, image, website graphic, website design, or internet address that individually or in combination is substantially similar to an operator's internet website in a manner that could reasonably be expected to mislead a potential purchaser;
(e)
(I)
Sells a ticket to an event at a place of entertainment without disclosing the total ticket cost, inclusive of all ancillary fees that must be paid in order to purchase the ticket, the first time a price is displayed to the purchaser and anytime the price is displayed thereafter.
(II)
A person is not required to include the amount of any sales tax required to purchase a ticket when disclosing the total cost of a ticket to a purchaser in accordance with subsection (1)(e)(I) of this section if the person discloses the amount of any sales tax to the purchaser prior to completion of the transaction.
(f)
Sells a ticket to an event at a place of entertainment without disclosing in a clear and conspicuous manner the portion of the ticket cost that represents a service charge for the purchase or other fee or surcharge for the purchase;
(g)
Makes a false or misleading disclosure to a purchaser of subtotals, fees, charges, or any other component of the total price of a ticket;
(h)
Presents subtotals, fees, charges, or any other component of the total price of the ticket more prominently or in a font size that is larger than the font size used to present the total price of the ticket; or
(i)
Increases the total price of a ticket after the first time a price is displayed to the purchaser; except that the person:
(I)
Shall add any applicable sales tax to the total price of a ticket prior to the completion of the transaction by the purchaser;
(II)
May add fees for the delivery of nonelectronic tickets based on delivery to the purchaser's address or the delivery method selected by the purchaser if the person discloses the amount of each delivery fee prior to accepting payment; and
(III)
May increase the total price of a ticket if the purchaser's transaction period has timed out and the purchaser has not yet purchased the ticket.
(2)
As used in this section, unless the context otherwise requires:
(a)
"In excess of authorized limits" means exceeding a restriction on the number of individual tickets that can be purchased by a single person or circumventing any other terms and conditions of access to an online event ticket sale established by the operator.
(b)
"Internet domain name" means a globally unique, hierarchical reference to an internet host or service that is:
(I)
Assigned through a centralized internet naming authority; and
(II)
Composed of a series of character strings separated by periods with the rightmost string specifying the top of the hierarchy.
(c)
"Online event ticket sale" means a process utilized by the operator to make an original sale of tickets to the event to the public over the internet.
(d)
"URL" means a uniform resource locator for a website on the internet.
(2.5)
Definitions in section 6-1-718 (1) apply to terms as they are used in this section.
(3)
This section shall not prohibit the resale of tickets in a secondary market by a person other than the event sponsor or promoter.
(4)
Every ticket acquired in violation of this section shall constitute a separate violation for purposes of assessing a civil penalty under section
6-1-112 (1)(a) and (1)(b)
.
Amended by 2024 Ch. 400,§ 2, eff. 8/7/2024, app. to conduct occurring on or after 8/7/2024.
L. 2008: Entire section added, p. 2229, § 1, effective July 1. L. 2009: (4) amended, (SB 09 -054), ch. 138, p. 597, § 3, effective August 5.
2024 Ch. 400, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.