,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #cbdh  ,,in ,,the ,,house ,,of  
,,representatives  ,june #ac1 #bjai ,mr4
 ,pascrell 7for himself1 ,mr4 ,pallone1 
and ,mr4 ,sires7 introduced the         
following bill2 which was referred to   
the ,committee on ,energy and ,commerce 
,a ,,bill  ,to direct the ,federal      
,trade ,commission to prescribe rules to
 protect consumers from unfair and      
deceptive acts and practices in         
connection with primary and secondary   
ticket sales1 and for other purposes4   
#a4 ,short title ,this ,act may be cited
 as the ,better ,oversight of ,secondary
 ,sales and ,accountability in ,concert 
,ticketing ,act of #bjai4  #b4          
,definitions ,as used in this ,act1 the 
following definitions apply3  7#a7 ,the 
term ancillary charges means all fees   
that must be paid in order to secure a  
ticket from a primary ticket seller or  
secondary ticket marketplace1 including 
service fees1 convenience charges1      
parking fees1 taxes and other charges4  

7#b7 ,the term base price means the     
price charged for a ticket other than   
any ancillary charges4  7#c7 ,the term  
box office means a physical location    
where tickets are offered for primary   
sale4  7#d7 ,the term bundled series    
tickets means packages of tickets for   
multiple events that are part of the    
same entertainment series4  7#e7 ,the   
term distribution method means the      
manner in which a primary ticket seller 
distributes tickets to a particular     
event1 whether through primary sale1    
limited presale promotions1 donations to
 charity1 reservations of season ticket 
holders1 or allocated to the primary    
ticket seller1 team1 artist1 or venue4  
7#f7 ,the term primary sale1 with       
regards to a ticket1 means the initial  
sale of a ticket that has not been sold 
previous to such sale1 by a primary     
ticket seller to the general public on  
or after the advertised date of such    
sale4  7#g7 ,the term primary ticket    
seller means an owner or operator of a  

venue or a sports team1 a manager or    
provider of an event1 or a provider of  
ticketing services 7or an agent of such 
owner1 operator1 manager1 or provider7  
that engages in the primary sale of     
tickets for an event or retains the     
authority to otherwise distribute       
tickets4  7#h7 ,the term purchaser means
 any person who purchases a ticket from 
a primary ticket seller or a secondary  
ticket sales marketplace4  7#i7 ,the    
terms resale or secondary sale1 with    
regards to a ticket1 mean any sale of a 
ticket that occurs after the primary    
sale of the ticket4  7#aj7 ,the term    
secondary ticket sales marketplace means
 a business1 including a website1       
software application for a mobile       
device1 any other digital platform1 or  
portion thereof1 of a physical seller   
whose primary purpose is to facilitate  
the resale of tickets to purchasers4    
7#aa7 ,the term ticket means a ticket of
 admission to a sporting event1 theater1
 musical performance1 or place of public

 amusement of any kind1 including       
bundled series tickets4  #c4 ,rules on  
transparency of ticket marketing1       
distribution1 and pricing by primary    
ticket sellers ,not later than #ahj days
 after the date of enactment of this    
,act1 the ,federal ,trade ,commission   
shall promulgate rules in accordance    
with section #eec of title #e1 ,united  
,states ,code1 that include the         
following requirements and prohibitions 
with regard to the primary sale1        
distribution1 and pricing of tickets3   
7#a7 ,a requirement that a primary      
ticket seller disclose and display on   
the website and at the box office of    
such primary ticket seller the total    
number of tickets offered for sale to   
the general public by such primary      
ticket seller not less than #g days     
before the date on which tickets shall  
be available for primary sale4  7#b7 ,a 
requirement that the primary ticket     
seller clearly and conspicuously        
disclose all ancillary charges to       

purchasers at the beginning of a        
transaction before a ticket is selected 
for purchase4 ,a primary ticket seller  
shall display the total cost of the     
ticket including all ancillary charges  
in all price quotes and advertisements4 
,the price of the ticket may not change 
during the purchase process4  7#c7 ,a   
requirement that a primary ticket seller
 include the total cost of a ticket in  
including all ancillary charges in any  
refund of a ticket that is provided for 
in the primary ticket seller's refund   
policies4  7#d7 ,a prohibition on       
restricting the ability of a purchaser  
who has purchased tickets from a primary
 ticket seller to resell any such       
tickets4  7#e7 ,a prohibition on        
requiring a minimum price for the resale
 of any tickets purchased from a primary
 ticket seller4  7#f7 ,a requirement    
that the primary ticket seller shall    
disclose any guarantee or refund policy 
before the completion of the sale of a  
ticket4  #d4 ,rules for secondary ticket

 sales marketplaces ,not later than #ahj
 days after the date of enactment of    
this ,act1 the ,federal ,trade          
,commission shall promulgate rules in   
accordance with section #eec of title   
#e1 ,united ,states ,code1 that include 
the following requirements and          
prohibitions with regard to the         
secondary sale1 distribution1 and       
pricing of tickets3 7#a7 ,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--  7,a7 a clear and conspicuous 
statement that the secondary ticket     
sales marketplace does not possess the  
ticket2 and  7,b7 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           
marketplace4  7#b7 ,a requirement that a
 secondary ticket sales marketplace     

disclose to a purchaser when the        
secondary ticket sales marketplace is   
also the primary ticket seller1 venue1  
team1 or artist associated with the     
event4  7#c7 ,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 purchase4 ,a secondary ticket sales 
marketplace shall display the total cost
 of the ticket including all ancillary  
charges in all price quotes and         
advertisements4 ,the price of the ticket
 may not change in the selection or     
during the purchase process4  7#d7 ,a   
requirement that a secondary ticket     
sales marketplace disclose upon offering
 a ticket for resale-- 7,a7 the         
distribution method and the total cost  
of each ticket including all ancillary  
charges2  7,b7 the precise location of  
the seat or space to which the ticket   
would entitle the bearer1 or1 if        
information about the precise location  

of the seat or space is not available1  
descriptive information about the       
location of the seat or space1 such as a
 description of a section or other area 
within the venue where the seat or space
 is located2 and  7,c7 if the secondary 
ticket sales marketplace purchased the  
ticket during a public sale of tickets  
to the event1 the date and time of the  
purchase of the ticket by the secondary 
ticket sales marketplace4  7#e7 ,a      
requirement that1 if a secondary ticket 
sales marketplace guarantees delivery of
 tickets to a purchaser and fails to    
deliver such tickets1 the secondary     
ticket sales marketplace shall provide a
 full refund for the total cost of the  
ticket1 including all ancillary charges1
 barring non-delivery due to causes     
beyond reasonable control of the seller 
including a natural disaster1 civil     
disturbance1 or otherwise unforeseeable 
impediment4  7#f7 ,a requirement that   
the secondary ticket sales marketplace  
disclose to a person purchasing a ticket

 any delivery guarantee policy described
 in paragraph 7#e7 before completion of 
the sale of the ticket4  7#g7 ,a        
requirement that a secondary ticket     
sales marketplace-- 7,a7 not make any   
representation of affiliation or        
endorsement with a venue1 team1 or      
artist1 as the case may be1 without the 
express written consent of the venue1   
team1 or artist1 as applicable1 except  
when it constitutes fair use and is     
consistent with applicable laws2 and    
7,b7 in the case of an online secondary 
ticket sales marketplace1 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 transaction4  
7#h7 ,a prohibition on the secondary    
sale of a ticket by an individual       
employee of any venue1 primary ticket   
seller1 team1 artist1 online resale     

marketplace1 or box office that is      
involved in hosting1 promoting1         
performing in1 or selling tickets if    
such secondary sale--  7,a7 is for a    
higher price than the primary sale of   
the ticket2 or  7,b7 is made to any     
third party and the employee has actual 
knowledge1 or knowledge fairly implied  
on the basis of objective circumstances1
 that the third party intends to sell   
the ticket for a higher price than total
 cost of the ticket1 including all      
ancillary charges4  7#i7 ,a prohibition 
on the secondary sale of a ticket for   
the same seat to more than one person at
 the same time4  7#aj7 ,a requirement   
that no purchaser shall be sanctioned or
 denied admission to an event on the    
basis that such purchaser resold a      
ticket1 gifted1 or purchased a resold   
ticket4  #e4 ,enforcement  7a7 ,federal 
trade commission ,a violation of a rule 
prescribed pursuant to section #c or #d 
shall be treated as a violation of a    
rule defining an unfair or deceptive act

 or practice prescribed under section   
#ah7;a77#a77;,b7 of the ,federal ,trade 
,commission ,act 7#ae ,u4,s4,c4         
#eg;a7a77#a77;,b774 ,the ,federal ,trade
 ,commission shall enforce this ,act in 
the same manner1 by the same means1 and 
with the same jurisdiction as though all
 applicable terms and provisions of the 
,federal ,trade ,commission ,act were   
incorporated into and made a part of    
this ,act4  7b7 ,state attorneys general
  7#a7 ,in general ,except as provided  
in paragraph 7#f71 in any case in which 
the attorney general of a ,state has    
reason to believe that an interest of   
the residents of that ,state has been or
 is threatened or adversely affected by 
the engagement of any person in a       
practice that violates a rule prescribed
 under section #c or #d1 the ,state1 as 
parens patriae1 may bring a civil action
 on behalf of the residents of the      
,state in an appropriate district court 
of the ,united ,states or other court of
 competent jurisdiction to--  7,a7      

enjoin that practice2  7,b7 enforce     
compliance with the rule2  7,c7 obtain  
damages1 restitution1 or other          
compensation on behalf of residents of  
the ,state2 and  7,d7 obtain such other 
relief as the court may consider to be  
appropriate4  7#b7 ,notice ,the ,state  
shall serve written notice to the       
,commission of any civil action under   
paragraph 7#a7 at least #fj days prior  
to initiating such civil action4 ,the   
notice shall include a copy of the      
complaint to be filed to initiate such  
civil action1 except that if it is not  
feasible for the ,state to provide such 
prior notice1 the ,state shall provide  
notice immediately upon instituting such
 civil action4  7#c7 ,intervention by   
,,ftc ,upon receiving the notice        
required by paragraph 7#b71 the         
,commission may intervene in such civil 
action and upon intervening--  7,a7 be  
heard on all matters arising in such    
civil action2  7,b7 remove the action to
 the appropriate ,united ,states        

district court2 and  7,c7 file petitions
 for appeal of a decision in such civil 
action4  7#d7 ,savings clause ,nothing  
in this subsection shall prevent the    
attorney general of a ,state from       
exercising the powers conferred on the  
attorney general by the laws of such    
,state to conduct investigations or to  
administer oaths or affirmations or to  
compel the attendance of witnesses or   
the production of documentary and other 
evidence4 ,nothing in this section shall
 prohibit the attorney general of a     
,state1 or other authorized ,state      
officer1 from proceeding in ,state or   
,federal court on the basis of an       
alleged violation of any civil or       
criminal statute of that ,state4  7#e7  
,venue2 service of process2 joinder ,in 
a civil action brought under paragraph  
7#a7-- 7,a7 the venue shall be a        
judicial district in which the defendant
 or a related party is found1 is an     
inhabitant1 or transacts business1 or   
wherever venue is proper under section  

#acia of title #bh1 ,united ,states     
,code2  7,b7 process may be served      
without regard to the territorial limits
 of the district or of the ,state in    
which the civil action is instituted2   
and  7,c7 a person who participated with
 a defendant or related party in an     
alleged violation that is being         
litigated in the civil action may be    
joined in the civil action without      
regard to the residence of the person4  
7#f7 ,preemptive action by ,,ftc        
,whenever a civil action or an          
administrative action has been          
instituted by or on behalf of the       
,commission for violation of any rule   
described under paragraph 7#a71 no      
,state may1 during the pendency of such 
action instituted by or on behalf of the
 ,commission1 institute a civil action  
under paragraph 7#a7 against any        
defendant named in the complaint in such
 action for violation of any rule as    
alleged in such complaint4  7#g7 ,award 
of costs and fees ,if a ,state prevails 

in any civil action under paragraph     
7#a71 the ,state can recover reasonable 
costs and attorney fees from the lender 
or related party4  7c7 ,private right of
 action ,any person who suffers injury  
as a result of another person's         
violation of a rule prescribed pursuant 
to section #c or #d1 may bring a civil  
action against such person in a ,united 
,states district court and may recover  
from such person damages for such injury
 plus #a1jjj for each requirement or    
prohibited act set forth in such        
sections that such person violated with 
respect to a ticket sold to the person  
bringing such action1 and reasonable    
attorneys' fees and costs4  #f4         
,nonpreemption ,nothing in this ,act    
shall affect the authority of any ,state
 or local government to establish or    
continue in effect a provision of law of
 the ,state or local government relating
 to the regulation of the resale of     
tickets to events or the pricing of such
 tickets for resale1 except to the      

extent that such provision is           
inconsistent with this ,act or a        
regulation promulgated under this ,act1 
and then only to the extent of the      
inconsistency4 ,a provision of law of a 
,state or local government is not       
inconsistent with this ,act or a        
regulation promulgated under this ,act  
if such provision provides equal or     
greater protection to purchasers than   
the protection provided under this ,act 
or such regulation4  #g4 ,,ftc study of 
ticket market ,the ,federal ,trade      
,commission shall conduct a study of the
 ticket market to determine the effect  
of the ,commissions's enforcement       
actions of the ,,bots ,act 7,public ,law
 #aad-bgd7 since it was enacted on      
,december #ad1 #bjaf4 ,the ,commission  
shall transmit a report to ,congress    
that details all enforcement actions    
taken since the enactment of the ,,bots 
,act 7,public ,law #aad-bgd7 and        
assesses the use of fraudulent          
identities to circumvent security       

measures of a ticket selling website in 
violation of such ,act4