The overarching goal of AB 1349 is to create a fairer marketplace for ticket buyers while simultaneously supporting the livelihoods of artists and event organizers. By imposing stricter regulations on ticket resellers and ensuring transparent pricing and practices, the bill seeks to address issues stemming from predatory practices in ticket sales, such as automated purchasing and misleading ads. The increased civil penalties for non-compliance aim to deter unethical behavior among ticket sellers, thus fostering a healthier economic environment for live performances and enhancing protections for consumers enduring the financial repercussions of canceled events.
Summary
Assembly Bill 1349, introduced by Assembly Member Bryan, aims to enhance consumer protection in the ticket selling industry. It revises existing regulations concerning the sale of tickets for various events, including sports and musical performances. The bill mandates that original ticket sellers, event presenters, ticket resellers, and ticket resale marketplaces adhere to strict guidelines in selling tickets, particularly in scenarios involving event cancellations or rescheduling. Under the proposed changes, consumers must be offered the option of receiving a full refund, or one of several alternatives, such as a gift certificate, when events are canceled, notably when the presenter is a nonprofit. This reinforces the importance of consumer choice in ticket sales and aims to prevent exploitation by profit-driven entities.
Sentiment
The sentiment around AB 1349 has been generally favorable among advocates for consumer rights and artists' groups who argue that the current ticket system has too many loopholes that benefit resellers at the cost of consumers and performers. However, there are concerns from some segments of the ticket resale market about how stringent regulations may affect their business practices or lead to decreased opportunities for profit. The conversation around the bill illustrates a significant divide over the balance between consumer protection and free enterprise in the context of ticket sales.
Contention
Notably, one area of contention lies in the provisions relating to ticket resale marketplaces. Critics argue that the requirement for sellers to have actual or constructive possession of tickets before listing them could hinder competition and restrict access for smaller resellers. Moreover, concerns have been raised regarding potential chill on innovative sales strategies due to the heavy penalties associated with any infractions. Opponents also fear that the civil fines, which could be as high as $10,000 per violation, may be excessively punitive and could overwhelm smaller businesses, stifling the diversity and accessibility of market options for consumers.
Enacts into law components of legislation that relate to live event ticket sales; establishes an annual professional reseller renewal fee; requires professional ticket resellers to provide their New York state ticket reseller license number as a condition of utilizing an online resale marketplace to resell tickets (Part A); provides criteria for when a purchaser may obtain a full refund of the amount paid for a ticket (Part B); relates to resale requirements for tickets; requires that if a licensee or other ticket reseller doesn't have possession of the ticket, then they shall have a written contract to obtain the offered ticket at a certain price from a person or entity in possession of the ticket or from a person or entity who has a contractual right to obtain such ticket, and tickets to the event have been placed on sale by the venue or entity hosting the event or its authorized agent before the licensee or reseller can advertise the sale of the tickets (Part C); relates to unlawful charges in connection with tickets; permits reasonable charges for costs actually rendered or otherwise in connection to customer support, technological and software infrastructure, and actual operational costs for sales away from the box office; defines terms (Part D); relates to the availability of tickets for sale to the general public; defines a term (Part E); relates to the resale of tickets included in a subscription or season ticket package (Part F); extends the effectiveness of certain provisions relating to tickets to places of entertainment (Part G).
Enacts into law components of legislation that relate to live event ticket sales; establishes an annual professional reseller renewal fee; requires professional ticket resellers to provide their New York state ticket reseller license number as a condition of utilizing an online resale marketplace to resell tickets (Part A); provides criteria for when a purchaser may obtain a full refund of the amount paid for a ticket (Part B); relates to resale requirements for tickets; requires that if a licensee or other ticket reseller doesn't have possession of the ticket, then they shall have a written contract to obtain the offered ticket at a certain price from a person or entity in possession of the ticket or from a person or entity who has a contractual right to obtain such ticket, and tickets to the event have been placed on sale by the venue or entity hosting the event or its authorized agent before the licensee or reseller can advertise the sale of the tickets (Part C); relates to unlawful charges in connection with tickets; permits reasonable charges for costs actually rendered or otherwise in connection to customer support, technological and software infrastructure, and actual operational costs for sales away from the box office; defines terms (Part D); relates to the availability of tickets for sale to the general public; defines a term (Part E); relates to the resale of tickets included in a subscription or season ticket package (Part F); extends the effectiveness of certain provisions relating to tickets to places of entertainment (Part G).