,,ii #aaith ,,congress #ast ,session ,s4 #bha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bh1 #bjbe,mr4 ,schmitt 7for himself and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require sellers of event tickets to disclose comprehensive information to consumers about ticket prices and related fees1 to prohibit speculative ticketing1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,transparency ,in ,charges for ,key ,events ,ticketing ,act or the ,,ticket ,act4 #b4 ,all inclusive ticket price disclosure ,beginning #ahj days after the date of the enactment of this ,act1 it shall be unlawful for a ticket issuer1 secondary market ticket issuer1 or secondary market ticket exchange to offer for sale an event ticket unless the ticket issuer1 secondary market ticket issuer1 or secondary market ticket exchange-- 7#a7 clearly and conspicuously displays the total event ticket price1 if a price is displayed1 in any advertisement1 marketing1 or price list wherever the ticket is offered for sale2 7#b7 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 process2 and 7#c7 provides an itemized list of the base event ticket price and each event ticket fee prior to the completion of the ticket purchasing process4 #c4 ,speculative ticketing ban 7a7 ,prohibition ,beginning #ahj days after the date of the enactment of this ,act1 a ticket issuer1 secondary market ticket issuer1 or secondary market ticket exchange that does not have actual or constructive possession of an event ticket shall not sell1 offer for sale1 or advertise for sale such event ticket4 7b7 ,services permitted ,notwithstanding subsection 7a71 a secondary market ticket issuer or secondary market ticket exchange may sell1 offer for sale1 or advertise for sale a service to an individual to obtain an event ticket on behalf of such individual if the secondary market ticket issuer or secondary market ticket exchange complies with the following3 7#a7 ,does not market or list the service as an event ticket4 7#b7 ,maintains a clear1 distinct1 and easily discernible separation between the service and event tickets that persists throughout the entire service selection and purchasing process4 7#c7 ,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 ticket4 #d4 ,disclosures ,a ticket issuer1 secondary market ticket issuer1 or secondary market ticket exchange-- 7#a7 if offering an event ticket for resale1 shall provide a clear and conspicuous statement1 before a consumer purchases the event ticket from the ticket issuer1 secondary market ticket issuer1 or secondary market ticket exchange1 that the issuer or exchange is engaged in the secondary sale of event tickets2 and 7#b7 shall not state that the ticket issuer1 secondary market ticket issuer1 or secondary market ticket exchange is affiliated with or endorsed by a venue1 team1 or artist1 as applicable1 including by using words like official in promotional materials1 social media promotions1 or paid advertising1 unless a partnership agreement has been executed or the issuer or exchange has the express written consent of the venue1 team1 or artist1 as applicable4 #e4 ,refund requirements 7a7 ,cancellation ,beginning #ahj days after the date of the enactment of this ,act1 if an event is canceled or postponed 7except for a case in which an event is canceled or postponed due to a cause beyond the reasonable control of the issuer1 including a natural disaster1 civil disturbance1 or otherwise unforeseeable impediment71 a ticket issuer1 secondary market ticket issuer1 or secondary market ticket exchange shall provide the purchaser of an event ticket from the issuer or exchange for the canceled or postponed event1 at a minimum-- 7#a7 if the event is cancelled1 a full refund for the total event ticket price2 7#b7 subject to availability1 if the event is postponed for not more than #f months and the original event ticket is no longer valid for entry to the rescheduled event1 a replacement event ticket for the rescheduled event in the same or a comparable location once the event has been rescheduled2 or 7#c7 if the event is postponed for more than #f months1 at the option of the purchaser-- 7,a7 a full refund for the total event ticket price2 or 7,b7 if the original event ticket is no longer valid for entry to the rescheduled event1 a replacement event ticket for the rescheduled event in the same or a comparable location once the event has been rescheduled4 7b7 ,disclosure of guarantee and refund policy required ,beginning #ahj days after the date of the enactment of this ,act1 a ticket issuer1 secondary market ticket issuer1 or secondary market ticket exchange shall disclose clearly and conspicuously to a purchaser before the completion of an event ticket sale the guarantee or refund policy of such ticket issuer1 secondary market ticket issuer1 or secondary market ticket exchange1 including under what circumstances any refund issued will include a refund of any event ticket fee4 7c7 ,disclosure of how ,to obtain a refund required ,beginning #ahj days after the date of the enactment of this ,act1 a ticket issuer1 secondary market ticket issuer1 or secondary market ticket exchange shall provide a clear and conspicuous explanation of how to obtain a refund of the total event ticket price4 #f4 ,report by the ,federal ,trade ,commission on ,,bots ,act of #bjaf enforcement ,not later than #f months after the date of the enactment of this ,act1 the ,commission shall submit to ,congress a report on enforcement of the ,better ,online ,ticket ,sales ,act of #bjaf 7,public ,law #aad-bgd2 #ae ,u4,s4,c4 #de;c71 including any enforcement action taken1 challenges with enforcement and coordination with ,state ,attorneys ,general1 and recommendations on how to improve enforcement and industry compliance4 #g4 ,enforcement 7a7 ,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 #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7b7 ,powers of commission 7#a7 ,in general ,the ,commission shall enforce this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7#b7 ,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 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 #h4 ,definitions ,in this ,act3 7#a7 ,artist ,the term artist means any performer1 musician1 comedian1 producer1 ensemble or production entity of a theatrical production1 sports team owner1 or similar person4 7#b7 ,base event ticket price ,the term base event ticket price means1 with respect to an event ticket1 the price of the event ticket excluding the cost of any event ticket fees4 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,event ,the term event means any live concert1 theatrical performance1 sporting event1 show1 or similarly scheduled live activity1 that is-- 7,a7 taking place in a venue with a seating or attendance capacity exceeding #bjj persons2 7,b7 open to the general public2 and 7,c7 promoted1 advertised1 or marketed in interstate commerce1 or for which event tickets are generally sold or distributed in interstate commerce4 7#e7 ,event ticket2 ticket issuer ,the terms event ticket and ticket issuer have the meaning given those terms in the ,better ,online ,ticket ,sales ,act of #bjaf 7,public ,law #aad-bgd74 7#f7 ,event ticket fee ,the term event ticket fee-- 7,a7 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 issuer1 secondary market ticket issuer1 or secondary market ticket exchange1 including any service fee1 charge and order processing fee1 delivery fee1 facility charge fee1 tax1 and any other charge2 and 7,b7 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 ticket4 7#g7 ,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 ticket4 7#h7 ,resale2 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 issuer4 7#i7 ,secondary market ticket exchange ,the term secondary market ticket exchange means any person that in the regular course of trade or business of that person operates a platform or exchange for advertising1 listing1 or selling resale tickets1 on behalf of itself1 vendors1 or a secondary market ticket issuer4 7#aj7 ,secondary market ticket issuer ,the term secondary market ticket issuer means any person1 including a ticket issuer1 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 person4 7#aa7 ,total event ticket price ,the term total event ticket price means1 with respect to an event ticket1 the total cost of the event ticket1 including the base event ticket price and any event ticket fee4 7#ab7 ,venue ,the term venue means a physical space at which an event takes place4