Consumer Protection In Event Ticketing Sales
The act amends consumer protection law regarding ticket sales and resales for events, including adding and amending defined terms.
The act allows an operator to restrict the resale of tickets to events that are initially offered as part of a charitable event for a charitable purpose. The act requires an operator, primary ticket seller, reseller, or ticket resale marketplace to refund a ticket to the purchaser in certain instances, such as when an event is cancelled. The act prohibits an operator, primary ticket seller, or rights holder from revoking tickets merely because those tickets have been resold through a reseller or ticket resale marketplace; however, an operator may still revoke or restrict tickets for a violation of venue policies, to protect the safety of patrons, or to address fraud or misconduct.
The act specifies that a person engages in deceptive trade practices when, in the course of the person's business, vocation, or occupation, the person:
- Uses computer software or systems that run automated tasks to purchase tickets to events or to circumvent or disable ticket limitation and security measures;
- Displays trademarked, copyrighted, or substantially similar web designs, URLs, or other images and symbols without the consent of the trademark or copyright holder, operator, or rights holder;
- Sells a ticket to an event without disclosing the total cost of the ticket, including the cost of any service charge or other fees that must be paid, or displays service charges and fees less prominently than the total price of the ticket;
- Increases the price of a ticket once the ticket has been selected for purchase, with the exception of adding delivery fees; or
- Advertises, offers for sale, or contracts for the resale of a ticket unless the person has possession or constructive possession of the ticket and the person has an agreement with the rights holder.
The act also specifies civil penalties that may be imposed for deceptive trade practices or violations of the consumer protection statute.
VETOED by Governor June 6, 2023
(Note: This summary applies to this bill as enacted.)