Sec. 4. Rules for secondary ticket sales marketplaces
704 words·~3 min read·
/bill/116/s/1850/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall promulgate 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, distribution, and pricing of tickets: A requirement that if the secondary ticket sales marketplace does not possess the ticket at the time of the sale that such secondary ticket sales marketplace provide— a clear and conspicuous statement that the secondary ticket sales marketplace does not possess the ticket; and an explanation of how to obtain a refund from the secondary ticket sales marketplace if the purchaser receives a ticket that does not match the description of the ticket by the secondary ticket sales marketplace.
A requirement that a secondary ticket sales marketplace disclose to a purchaser when the secondary ticket sales marketplace is also the primary ticket seller, venue, team, or artist associated with the event. A requirement that a secondary ticket sales marketplace disclose all ancillary charges to purchasers at the beginning of a transaction before a ticket is selected for purchase. A secondary ticket sales marketplace shall display the total cost of the ticket including all ancillary charges in all price quotes and advertisements.
The price of the ticket may not change in the selection or during the purchase process. A requirement that a secondary ticket sales marketplace disclose upon offering a ticket for resale— the distribution method and the total cost of each ticket including all ancillary charges; the precise location of the seat or space to which the ticket would entitle the bearer, 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; and if the secondary ticket sales marketplace purchased the ticket during a public sale of tickets to the event, the date and time of the purchase of the ticket by the secondary ticket sales marketplace.
A requirement that, if a secondary ticket sales marketplace guarantees delivery of tickets to a purchaser and fails to deliver such tickets, the secondary ticket sales marketplace shall provide a full refund for the total cost of the ticket, including all ancillary charges, barring non-delivery due to causes beyond reasonable control of the seller including a natural disaster, civil disturbance, or otherwise unforeseeable impediment. A requirement that the secondary ticket sales marketplace disclose to a person purchasing a ticket any delivery guarantee policy described in paragraph
(5)before completion of the sale of the ticket. A requirement that a secondary ticket sales marketplace— not make any representation of affiliation or endorsement with a venue, team, or artist, as the case may be, without the express written consent of the venue, team, or artist, as applicable, except when it constitutes fair use and is consistent with applicable laws; and in the case of an online secondary ticket sales marketplace, post a clear and conspicuous notice that the website or mobile application is engaged in the secondary sale of tickets and require purchasers to confirm having read such notice before registering for an account with the secondary ticket sales marketplace or starting a transaction. A prohibition on the secondary sale of a ticket by an individual employee of any venue, primary ticket seller, team, artist, online resale marketplace, or box office that is involved in hosting, promoting, performing in, or selling tickets if such secondary sale— is for a higher price than the primary sale of the ticket; or is made to any third party and the employee has actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that the third party intends to sell the ticket for a higher price than total cost of the ticket, including all ancillary charges. A prohibition on the secondary sale of a ticket for the same seat to more than one person at the same time. A requirement that no purchaser shall be sanctioned or denied admission to an event on the basis that such purchaser resold a ticket, gifted, or purchased a resold ticket.