Massachusetts SD 1934: An Act to protect consumers of tickets

Bill Text

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SENATE DOCKET, NO. 1934 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 191

The Commonwealth of Massachusetts
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PRESENTED BY:
Nick Collins
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to protect consumers of tickets.
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PETITION OF:

NAME: DISTRICT/ADDRESS:
Nick Collins First Suffolk

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SENATE DOCKET, NO. 1934 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 191
By Mr. Collins, a petition (accompanied by bill, Senate, No. 191) of Nick Collins for legislation
to protect consumers of tickets by employing a paperless ticketing system that gives the
consumer an option at the time of initial sale to purchase the same paperless tickets in
transferable form that the consumer can transfer at any price. Consumer Protection and
Professional Licensure.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to protect consumers of tickets.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Section 182A of chapter 140 of the General Laws, as most recently inserted
2 by section 248 of chapter 238 of the acts of 2024, is hereby amended by striking out subsection
3 (b) and inserting in place thereof the following:-
4 (b) (1) No person, firm, corporation or other entity shall employ a paperless ticketing
5 system unless the consumer is given an option at the time of initial sale to purchase the same
6 paperless tickets in transferable form that the consumer can transfer at any price, and at any time,
7 and without additional fees.
8 (2) The established price for any given ticket shall be the same regardless of the form or
9 transferability of such ticket.

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10 (3) The ability for a ticket to be transferred shall not constitute a special service for the
11 purpose of imposing a service charge subject to section 185D. It shall be unlawful to penalize,
12 discriminate against or deny access to a ticket buyer on the basis that the ticket was transferred or
13 resold, including if the ticket was transferred or resold independent from the initial sale ticketing
14 system.
15 (4) Notwithstanding the provisions of this section, an operator of any such theatrical
16 exhibition, public show or public amusement or exhibition, or such operator’s agent, may offer
17 paperless tickets that do not allow for transferability; provided, that: (i) those tickets shall be sold
18 or given to individuals or groups as part of a private event or a targeted promotion at a
19 discounted price offered because of the individual’s or group’s status or affiliation with religious
20 or charitable institutions, societies or organizations or civic leagues or organizations not
21 organized for profit but operated exclusively for the promotion of social welfare, associations of
22 veterans of any wars of the United States, students, or groups or individuals characterized by a
23 disability or economic hardship and tickets issued through a non-transferable ticketing system
24 pursuant to the exemption in this subsection shall not be offered promotionally to the general
25 public and shall be clearly marked as a ticket restricted to the specified individual or group; or
26 (ii) such tickets shall be included in a membership pass at a discounted price offered by a
27 professional sports organization for seating in venues or stadiums with a fixed capacity of not
28 less than 19,000 seats that guarantees entry to a specified number of events in a specified time
29 period with seat assignments: (A) assigned not more than 4 hours prior to the commencement of
30 the event; and (B) variable from game to game and not intended for season ticket holders.
31 Tickets provided under a membership pass may be restricted from being transferred or resold,
32 including through the operator or operator’s agents, and shall be clearly marked as such prior to

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33 initial offering or sale. Such membership pass shall not mean a subscription or season ticket
34 package offered for sale and shall not result in the sale of more than 5 per cent of the maximum
35 amount of all seats that will be made available at a venue for a particular event to be sold under
36 this subsection
37 SECTION 2. Subsection (c) of section 182A of chapter 140 of the General Laws, as most
38 recently inserted by section 248 of chapter 238 of the Acts of 2024, is hereby amended by
39 striking the first sentence.
40 SECTION 3. Subsection (a) of section 185A of chapter 140 of the General Laws, as most
41 recently inserted by section 249 of chapter 238 of the acts of 2024, is hereby amended by
42 inserting at the end thereof the following:- provided, however tha