Regular Session 2023-2024 House Bill 1658 P.N. 2087

PRIOR PRINTER'S NO. 1957

PRINTER'S NO. 2087

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1658

Session of

2023

INTRODUCED BY MATZIE, PISCIOTTANO, MARSHALL, KENYATTA, MADDEN,

KHAN, HANBIDGE, VENKAT, DEASY, DONAHUE, SCHLOSSBERG, KAZEEM,

McNEILL, BRENNAN, BURGOS, HILL-EVANS, WARREN, GALLAGHER,

FLICK, CEPEDA-FREYTIZ, SANCHEZ, CERRATO, MAYES, BENHAM,

CONKLIN, BOROWSKI AND SAMUELSON, SEPTEMBER 5, 2023

AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY

AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED,

OCTOBER 3, 2023

AN ACT

Amending the act of December 17, 1968 (P.L.1224, No.387),

entitled "An act prohibiting unfair methods of competition

and unfair or deceptive acts or practices in the conduct of

any trade or commerce, giving the Attorney General and

District Attorneys certain powers and duties and providing

penalties," prohibiting speculative ticketing acts or

practices.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of December 17, 1968 (P.L.1224, No.387),

known as the Unfair Trade Practices and Consumer Protection Law,

is amended by adding a section to read:

Section 3.2. Prohibition on Speculative Ticketing Acts or

Practices.-- (a) A reseller may not advertise, offer for sale,

contract for the resale of a ticket or accept full or partial

consideration for resale of a ticket unless all of the following

requirements are met:

(1) The ticket shall conform to the ticket's description as

advertised and include the precise section and row of the seat

or space to which the ticket would entitle the bearer to occupy.

If the ticket is not for a reserved seat, the ticket shall

include descriptive information about the location of the seat

or space, including a description of a section or other area

within the venue where the seat or space is located.

(2) The reseller shall have possession or constructive

possession of the ticket, or a written contract to obtain the

ticket at a certain price from the rights holder or operator for

the ticket. AS USED IN THIS CLAUSE, THE TERM "CONSTRUCTIVE

POSSESSION" MEANS THE ABILITY TO EXERCISE A CONSCIOUS DOMINION

OVER A TICKET, THE POWER TO CONTROL THE TICKET AND THE INTENT TO

EXERCISE THAT CONTROL.

(3) An official ticket presale or onsale for the event has

occurred before the ticket being advertised, listed or offered

for resale by the reseller, unless the rights holder or operator

has consented in writing to the advertisement, listing or offer

for resale.

(b) A secondary ticket platform may not publish an

advertisement for a ticket, listing for a ticket or offer for

resale of a ticket unless an official ticket presale or onsale

for the event has occurred before the ticket being advertised,

listed or offered for resale, unless the rights holder or

operator has consented in writing to the advertisement, listing

or offer for resale.

following:

(1) A domain name, or a subdomain name of the domain name,

in the URL of the secondary ticket platform that contains the

name of a specific rights holder or operator or words likely to

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be associated with a specific rights holder or operator, unless

authorized by the specific rights holder or operator.

(2) The name of the exhibition or per formance, including the

name of a person, team, performance, group or entity scheduled

to perform at a venue or event, unless authorized by the owner

of the name.

(3) A trademark not owned by the secondary ticket platform,

including a trademark owned by an authorized agent or partner of

the operator, unless authorized by the owner of the trademark.

(4) A combination of texts, images, web designs or Internet

website addresses that are substantially similar to the texts,

images, web designs or Internet website addresses of a rights

holder or operator, without the written consent of the rights

holder or operator.

(5) A name substantially similar to a name specified under

clauses (1) through (4), including a misspelling of a name

specified under clauses (1) through (4).

(D) THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO ENFORCE

THIS SECTION. A VIOLATION OF THIS SECTION SHALL BE DEEMED

UNLAWFUL UNDER SECTION 3 OF THIS ACT FOR THE PURPOSES OF

ENFORCEMENT BY THE ATTORNEY GENERAL.

(d) (E) An operator, venue, rights holder or primary ticket

platform who suffers injury as a result of another person's

violation of this section may bring a private action to recover

actual damages for such injury plus one thousand dollars

($1,000) for each violation of this section regarding each

ticket sold by the person . The court may, in its discretion,

provide such additional relief as it deems necessary or proper.

The court may award to the plaintiff, in addition to other

relief provided in this section, costs and reasonable attorney

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fees.

(e) (F) As used in this section:

"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.

"O perator" means a person or entity that owns, operates or

controls a venue or that organizes or produces entertainment.

"Primary sale" means the initial sale of a ticket.

"Primary ticket platform" means a provider of ticketing

services or an agent of the provider that engages in the primary

sale of tickets for an event.

"Purchaser" means a person who purchases a ticket from a

primary ticket platform or a secondary ticket platform.

"Resale or secondary sale" means a sale of a ticket that is

not a primary sale.

"Reseller" means a person or entity that engages in the

resale or secondary sale of tickets.

"Rights holder" means any of the following:

(1) A person or entity, including a venue, that has the

initial ownership rights to sell a ticket to an event for which

tickets for entry by the public are required.

(2) Regarding a specific live event, a performing artist or

team or an agent working on behalf of the performing artist or

team.

"Secondary ticket platform" means a business that operates or

provides an Internet website, software application for a mobile

device or other digital platform for the purpose of reselling or

facilitating the resale of tickets to purchasers, including a

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primary ticketing platform to the extent that the platform is

engaged in reselling or facilitating the resale of tickets to

purchasers.

"Ticket" means a printed, electronic or other license issued

by an operator or rights holder for admission to an event at the

date and time specified on the ticket, subject to the terms and

conditions as specified by the operator or rights holder.

"URL" means the Uniform Resource Locator for an Internet

website.

"Venue" means a public or private facility at which the

general public is admitted for a sporting event, concert,

theater performance, amusement or other entertainment event.

Section 2. This act shall take effect in 60 days.

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