Transparency in Charges for Key Events Ticketing Act
Floor Speech
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Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and pass the bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 3950
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. ALL INCLUSIVE TICKET PRICE DISCLOSURE.
Beginning 180 days after the date of the enactment of this Act, it shall be unlawful for a ticket issuer, secondary market ticket issuer, or secondary market ticket exchange to offer for sale an event ticket unless the ticket issuer, secondary market ticket issuer, or secondary market ticket exchange--
(1) clearly and conspicuously displays the total event ticket price, if a price is displayed, in any advertisement, marketing, or price list wherever the ticket is offered for sale;
(2) clearly and conspicuously discloses to any individual who seeks to purchase an event ticket the total event ticket price at the time the ticket is first displayed to the individual and anytime thereafter throughout the ticket purchasing process; and
(3) provides an itemized list of the base event ticket price and each event ticket fee prior to the completion of the ticket purchasing process. SEC. 3. 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 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. 4. 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 (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--
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
(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 subparagraph (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. 5. 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 or postponed 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. 6. 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. 7. ENFORCEMENT.
(a) Unfair or Deceptive Act or Practice.--A violation of this Act 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)).
(b) Powers of Commission.--
(1) In general.--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.
(2) 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.).
(3) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. SEC. 8. 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 for an event ticket 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) 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.
(11) URL.--The term ``URL'' means the uniform resource locator associated with an internet website.
(12) Venue.--The term ``venue'' means a physical space at which an event takes place.
Mr. Speaker, today, I am honored to speak in support of my bipartisan bill, H.R. 3950, the Transparency In Charges for Key Events Ticketing Act, or the TICKET Act.
Mr. Speaker, I thank my bipartisan co-lead on this particular piece of legislation, the ranking member of the subcommittee, Ms. Jan Schakowsky, from the great State of Illinois. We have had true collaboration and partnership on this initiative, and I am grateful that we are able to move this bipartisan initiative forward. I thank the staff, too, on both sides. They did an incredible job on this particular piece of legislation, and it really is needed.
H.R. 3950 addresses price transparency in the live event ticketing marketplace, which has long been plagued by hidden and confusing fees tacked on at the end of the checkout process. It would require ticket issuers, including issuers on the secondary market, for live events to clearly and conspicuously disclose at the beginning of the transaction, and throughout the ticket purchasing process, the total ticket price for the event and an itemized list of the base ticket price and each fee associated with the total price. It is as simple as that. It is not a lot to ask for.
Further, this upfront pricing requirement includes the total ticket price in any advertisements or other marketing activities.
The TICKET Act also incorporates H.R. 6568, the Speculative Ticketing Oversight and Prohibition Act, or the STOP Act, led by Representatives Armstrong and Blunt Rochester.
This additional language will hold bad actors accountable for ripping off and defrauding consumers through the sale of fake tickets that they do not possess, referred to as speculative tickets. It also prevents bad actors from using deceptive ticketing websites or fake URLs.
No fan should be caught left with nowhere to turn when they have been sold a fake ticket that they thought they had purchased from a website selling tickets only to find out that the website is a scam and the ticket does not exist at all.
This bill also provides fans with refunds if the event is canceled or postponed and requires the FTC to study the enforcement of the BOTS Act and hurdles that law enforcement may have when going after bad actors that use fake ticket purchasing bots, which are already illegal.
It is important that the House passes this particular legislation, and I hope the Senate will approve this without delay, as this bill will have an immediate impact on providing market transparency and enhancing the event ticketing experience for consumers.
As Americans look to attend summer outings, this will provide an enforcement mechanism for fake and deceptive websites claiming to be selling legitimate event tickets.
Mr. Speaker, I thank all the stakeholders for working with us and for their input on this initiative, and I thank the staff, as well. I know that we have struck a key balance between both sides of the aisle to protect consumers and, ultimately, pass the most consequential ticketing reform in years.
We have to get it through the Senate, as well.
Mr. Speaker, I encourage all of my colleagues to pass this particular piece of legislation on behalf of their constituents who may buy a birthday present for a child and think they have budgeted enough money for that, whether it is a baseball game, football game, or any type of a concert, what have you, and, lo and behold, they are surprised that they don't have the funds because of these overcharges or whatever you want to call them. Hidden fees is what they are.
Let's pass this bill and make sure that our families have the opportunity to take their children, their spouses, or their friends to these wonderful events that take place in our country.
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Mr. BILIRAKIS. Madam Speaker, I yield myself the balance of my time.
I am just proud that I played a small role in passing this legislation. Obviously, I am the sponsor, but we had Mr. Pascrell from New Jersey and every time I went around to the Democratic side to talk about particular bills, he would grab me and talk to me about the BOSS and SWIFT ACT. Mr. Pascrell actually made a good bill better, and we appreciate him so very much.
Again, without Chair Rodgers, Ranking Member Pallone, and the ranking member of the subcommittee, my partner, Ms. Schakowsky, this never would have gotten done.
Our constituents will benefit from this. You know what, this is a great example of how Congress should intervene.
Again, we passed it out of the House. We have got to lobby the Senate to get this done as soon as possible.
I want to thank the staff. We couldn't do it without the staff, that is for sure, on both sides of the aisle working out the details. Energy and Commerce is famous for working together and protecting our consumers.
Madam Speaker, I urge passage of this particular bill, and I yield back the balance of my time.
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Mr. BILIRAKIS. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
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