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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6568 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6568
To prohibit speculative ticketing as an unfair or deceptive act or
practice, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 4, 2023
Mr. Armstrong (for himself, Ms. Schakowsky, and Mr. Bilirakis)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit speculative ticketing as an unfair or deceptive act or
practice, 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 ``Speculative Ticketing Oversight and
Prohibition Act'' or the ``STOP Act of 2023''.
SEC. 2. 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 of such event ticket.
(b) Rule of Construction.--Nothing in this section shall be
construed to prohibit a secondary market ticket issuer or secondary
market ticket exchange from offering a service to a consumer to obtain
an event ticket on behalf of the consumer 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 through
unavoidable visual demarcation 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.
(4) In the event the service is unable to obtain the
specified event ticket purchased through the service for the
consumer, provides the consumer that purchased the service,
within a reasonable amount of time--
(A) a full refund for the total cost of the service
to obtain an event ticket on behalf of the consumer; or
(B) subject to availability, a replacement event
ticket in the same or a comparable location with the
approval of the consumer.
(5) Does not obtain more tickets in each transaction than
the numerical limitations for tickets set by the venue and
artist for each respective event.
SEC. 3. DECEPTIVE WEBSITES.
A ticket issuer, secondary market ticket issuer, or secondary
market ticket exchange--
(1) shall provide a clear and conspicuous statement, before
a visitor purchases an 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;
(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, unless a partnership agreement has been executed,
including by using words like ``official'' in promotional
materials, social media promotions, search engine optimization,
paid advertising, or search engine monetization unless the
issuer or exchange has the express written consent of the
venue, team, or artist, as applicable; and
(3) shall not use a domain name, or any subdomain thereof,
in the URL of the ticket issuer, secondary market ticket
issuer, or secondary market ticket exchange that contains--
(A) the name of a specific team, league, or venue
where concerts, sports, or other live entertainment
events are held, unless authorized by the owner of the
name;
(B) the name of the exhibition or performance or of
another event described in subparagraph (A), including
the name of a person, team, performance, group, or
entity scheduled to perform at any such venue or event,
unless authorized by the owner of the name;
(C) any trademark or copyright not owned by the
ticket issuer, secondary market ticket issuer, or
secondary market ticket exchange, including any
trademark or copyright owned by an authorized agent or
partner of the venue or event identified in
subparagraphs (A) and (B); or
(D) any name substantially similar to those
described in subparagraphs (A) and (B), including any
misspelling of any such name.
SEC. 4. 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 due to a cause beyond the
reasonable control of the ticket 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 consumer, at the option of the purchaser, at
a minimum--
(1) a full refund for the total cost of the event ticket,
any event ticket fee, and any tax; or
(2) subject to availability, if the event is postponed, a
replacement event ticket, in the same or a comparable location,
once the event has been rescheduled, with the approval of the
consumer.
(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 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 and any tax.
(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 cost of the ticket, any event ticket fee, and any
tax.
SEC. 5. 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. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Act or Practice.--A violation of this Act
shall be treated as a violation of a regulation 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.--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.
(c) 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.).
(d) Authority Preserved.--Nothing in this Act shall be construed to
limit the authority of the Commission under any other provision of law.
SEC. 7. 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) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Domain name.--The term ``domain name'' means a globally
unique, hierarchical reference to an internet host or service,
which is assigned through centralized internet naming
authorities, and which is comprised of a series of character
strings separated by periods, with the right most string
specifying the top of the hierarchy.
(4) Event; event ticket; ticket issuer.--The terms
``event'', ``event ticket'', and ``ticket issuer'' have the
meaning given those terms in the Better Online Ticket Sales Act
of 2016 (Public Law 114-274).
(5) 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, secondary market ticket
issuer, or secondary market ticket exchange including
any service fee, charge and order processing fee,
delivery fee, facility charge fee, 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.
(6) 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.
(7) 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.
(8) Secondary market ticket exchange.--The term ``secondary
market ticket exchange'' means any person that operates a
platform or exchange for advertising, listing, or selling
resale tickets, on behalf of itself, vendors, or a secondary
market ticket issuer.
(9) 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.
(10) URL.--The term ``URL'' means the uniform resource
locator associated with an internet website.
(11) Venue.--The term ``venue'' means a physical space at
which an event takes place.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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