Pennsylvania 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.

Bill Text

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
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
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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.
(c) A secondary ticket platform may not use any of the
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.
(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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