HB 463 — An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, prohibiting speculative ticketing acts or practices.

PRINTER'S NO.   446

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 463
                                                Session of
                                                  2025

     INTRODUCED BY MATZIE, BURGOS, VENKAT, STEELE, MAYES, GIRAL,
        HARKINS, FLOOD, SCHLOSSBERG, PIELLI, BRENNAN, McNEILL,
        SANCHEZ, GUENST, HANBIDGE, HILL-EVANS, FLEMING, KENYATTA,
        KHAN, M. JONES, CIRESI, DONAHUE, GALLAGHER, SAMUELSON, JAMES,
        DALEY, NEILSON, DEASY, FIEDLER, GREEN, MADDEN, CEPEDA-
        FREYTIZ, GROVE AND WARREN, FEBRUARY 4, 2025

     REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
        UTILITIES, FEBRUARY 4, 2025


                                     AN ACT
 1   Amending the act of December 17, 1968 (P.L.1224, No.387),
 2      entitled "An act prohibiting unfair methods of competition
 3      and unfair or deceptive acts or practices in the conduct of
 4      any trade or commerce, giving the Attorney General and
 5      District Attorneys certain powers and duties and providing
 6      penalties," prohibiting speculative ticketing acts or
 7      practices.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.     The act of December 17, 1968 (P.L.1224, No.387),
11   known as the Unfair Trade Practices and Consumer Protection Law,
12   is amended by adding a section to read:
13      Section 3.2.    Prohibition on Speculative Ticketing Acts or
14   Practices.--(a)    A reseller may not advertise, offer for sale,
15   contract for the resale of a ticket or accept full or partial
16   consideration for resale of a ticket unless all of the following
17   requirements are met:
18      (1)   The ticket shall conform to the ticket's description as
 1   advertised and include the precise section and row of the seat
 2   or space to which the ticket would entitle the bearer to occupy.
 3   If the ticket is not for a reserved seat, the ticket shall
 4   include descriptive information about the location of the seat
 5   or space, including a description of a section or other area
 6   within the venue where the seat or space is located.
 7      (2)   The reseller shall have possession or constructive
 8   possession of the ticket, or a written contract to obtain the
 9   ticket at a certain price from the rights holder or operator for
10   the ticket. As used in this clause, the term "constructive
11   possession" means the ability to exercise a conscious dominion
12   over a ticket, the power to control the ticket and the intent to
13   exercise that control.
14      (3)   An official ticket presale or onsale for the event has
15   occurred before the ticket being advertised, listed or offered
16   for resale by the reseller, unless the rights holder or operator
17   has consented in writing to the advertisement, listing or offer
18   for resale.
19      (b)   A secondary ticket platform may not publish an
20   advertisement for a ticket, listing for a ticket or offer for
21   resale of a ticket unless an official ticket presale or onsale
22   for the event has occurred before the ticket being advertised,
23   listed or offered for resale, unless the rights holder or
24   operator has consented in writing to the advertisement, listing
25   or offer for resale.
26      (c)   A secondary ticket platform may not use any of the
27   following:
28      (1)   A domain name, or a subdomain name of the domain name,
29   in the URL of the secondary ticket platform that contains the
30   name of a specific rights holder or operator or words likely to

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 1   be associated with a specific rights holder or operator, unless
 2   authorized by the specific rights holder or operator.
 3      (2)   The name of the exhibition or performance, including the
 4   name of a person, team, performance, group or entity scheduled
 5   to perform at a venue or event, unless authorized by the owner
 6   of the name.
 7      (3)   A trademark not owned by the secondary ticket platform,
 8   including a trademark owned by an authorized agent or partner of
 9   the operator, unless authorized by the owner of the trademark.
10      (4)   A combination of texts, images, web designs or Internet
11   website addresses that are substantially similar to the texts,
12   images, web designs or Internet website addresses of a rights
13   holder or operator, without the written consent of the rights
14   holder or operator.
15      (5)   A name substantially similar to a name specified under
16   clauses (1) through (4), including a misspelling of a name
17   specified under clauses (1) through (4).
18      (d)   The Attorney General shall have the authority to enforce
19   this section. A violation of this section shall be deemed
20   unlawful under section 3 of this act for the purposes of
21   enforcement by the Attorney General.
22      (e)   An operator, venue, rights holder or primary ticket
23   platform who suffers injury as a result of another person's
24   violation of this section may bring a private action to recover
25   actual damages for such injury plus one thousand dollars
26   ($1,000) for each violation of this section regarding each
27   ticket sold by the person. The court may, in its discretion,
28   provide such additional relief as it deems necessary or proper.
29   The court may award to the plaintiff, in addition to other
30   relief provided in this section, costs and reasonable attorney

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 1   fees.
 2      (f)   As used in this section:
 3      "Domain name" means a globally unique, hierarchical reference
 4   to an Internet host or service, which is assigned through
 5   centralized Internet naming authorities, and which is comprised
 6   of a series of character strings separated by periods, with the
 7   right-most string specifying the top of the hierarchy.
 8      "Operator" means a person or entity that owns, operates or
 9   controls a venue or that organizes or produces entertainment.
10      "Primary sale" means the initial sale of a ticket.
11      "Primary ticket platform" means a provider of ticketing
12   services or an agent of the provider that engages in the primary
13   sale of tickets for an event.
14      "Purchaser" means a person who purchases a ticket from a
15   primary ticket platform or a secondary ticket platform.
16      "Resale or secondary sale" means a sale of a ticket that is
17   not a primary sale.
18      "Reseller" means a person or entity that engages in the
19   resale or secondary sale of tickets.
20      "Rights holder" means any of the following:
21      (1)   A person or entity, including a venue, that has the
22   initial ownership rights to sell a ticket to an event for which
23   tickets for entry by the public are required.
24      (2)   Regarding a specific live event, a performing artist or
25   team or an agent working on behalf of the performing artist or
26   team.
27      "Secondary ticket platform" means a business that operates or
28   provides an Internet website, software application for a mobile
29   device or other digital platform for the purpose of reselling or
30   facilitating the resale of tickets to purchasers, including a

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 1   primary ticketing platform to the extent that the platform is
 2   engaged in reselling or facilitating the resale of tickets to
 3   purchasers.
 4      "Ticket" means a printed, electronic or other license issued
 5   by an operator or rights holder for admission to an event at the
 6   date and time specified on the ticket, subject to the terms and
 7   conditions as specified by the operator or rights holder.
 8      "URL" means the Uniform Resource Locator for an Internet
 9   website.
10      "Venue" means a public or private facility at which the
11   general public is admitted for a sporting event, concert,
12   theater performance, amusement or other entertainment event.
13      Section 2.   This act shall take effect in 60 days.




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