Transparency In Charges for Key Events Ticketing Act or the TICKET Act
This bill requires ticket sellers (including sellers on the secondary market) for concerts, performances, sporting events, and similar activities to clearly and prominently disclose at the beginning of the transaction, and prior to the selection of a ticket, the total ticket price for the event and an itemized list of the base ticket price and each fee (e.g., service fee, processing fee, delivery fee, facility charge fee, tax, or other charge). The total ticket price must also be disclosed in any advertisement, marketing, or price list. Currently, ticket sellers generally disclose fees at the checkout stage.
Additionally, ticket sellers that are offering to sell a ticket that the seller does not have in their actual or constructive possession must clearly and prominently disclose that the ticket is not in their possession before an individual selects a ticket to purchase.
The Federal Trade Commission must enforce these requirements.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3950 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3950
To require sellers of event tickets to disclose comprehensive
information to consumers about ticket prices and related fees, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2023
Mr. Bilirakis (for himself and Ms. Schakowsky) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require sellers of event tickets to disclose comprehensive
information to consumers about ticket prices and related fees, 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. TICKET TRANSPARENCY REQUIREMENTS.
(a) Disclosure of Pricing Information.--Beginning 90 days after the
date of the enactment of this Act, it shall be unlawful for a ticket
issuer or secondary market ticket issuer to offer for sale an event
ticket unless the ticket issuer or secondary market ticket issuer
clearly and conspicuously displays the total event ticket price in any
advertisement, marketing, or price list wherever the ticket is offered
for sale and clearly and conspicuously discloses to any individual who
seeks to purchase an event ticket at the beginning of the transaction
and prior to the selection by the individual of an event ticket to
purchase, the total event ticket price and an itemized list of the base
event ticket price and each event ticket fee.
(b) Disclosure of Speculative Ticketing.--Beginning 90 days after
enactment of this Act, it shall be unlawful for a ticket issuer or
secondary market ticket issuer that does not have actual or
constructive possession of an event ticket to sell or offer for sale
the event ticket unless the ticket issuer or secondary market ticket
issuer displays in a clear and conspicuous manner and prior to the
selection by the individual of an event ticket to purchase a statement
that the ticket issuer or secondary market ticket issuer does not
possess the ticket at the time the ticket is being sold or offered for
sale.
(c) Enforcement.--
(1) Unfair or deceptive act or practice.--A violation of
subsection (a) or (b) 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)).
(2) Powers of commission.--
(A) In general.--The Commission shall enforce
subsections (a) and (b) 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.
(B) Privileges and immunities.--Any person who
violates subsection (a) or (b) 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.).
(C) Authority preserved.--Nothing in this Act shall
be construed to limit the authority of the Commission
under any other provision of law.
(d) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(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 fee.
(3) Event; event ticket; ticket issuer.--The terms
``event'', ``event ticket'', and ``ticket issuer'' have the
meanings given those terms in section 3 of the Better Online
Ticket Sales Act of 2016 (Public Law 114-274; 15 U.S.C. 45c
note).
(4) Event ticket fee.--The term ``event ticket fee''--
(A) means a charge that must be paid in addition to
the base event ticket price in order to obtain an event
ticket from a ticket issuer or secondary market ticket
issuer, including any service fee, charge and order
processing fee, delivery fee, facility charge fee, tax,
and 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.
(5) 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.
(6) Secondary market ticket issuer.--The term ``secondary
market ticket issuer'' means any entity for which it is in the
regular course of the trade or business of the entity to resell
or make a secondary sale of an event ticket to the general
public.
(7) Secondary sale.--The term ``secondary sale'' means any
sale of an event ticket that occurs after the initial sale of
the event ticket by a ticket issuer.
(8) 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.
<all>
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Innovation, Data, and Commerce.
Subcommittee Consideration and Mark-up Session Held
Forwarded by Subcommittee to Full Committee by Voice Vote.
Committee Consideration and Mark-up Session Held
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 45 - 0.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-496.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-496.
Placed on the Union Calendar, Calendar No. 412.
Mr. Bilirakis moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H3043-3046)
DEBATE - The House proceeded with forty minutes of debate on H.R. 3950.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H3258)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 388 - 24 (Roll no. 212). (text: 5/14/2024 CR H3043-3044)
Roll Call #212 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 388 - 24 (Roll no. 212). (text: 5/14/2024 CR H3043-3044)
Roll Call #212 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.