Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 456 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 456 | |
5 | - | (Senate Bill 539) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *sb0539* | |
8 | 9 | ||
9 | - | Commercial Law – Consumer Protection – Sale and Resale of Tickets | |
10 | + | SENATE BILL 539 | |
11 | + | I3 4lr2346 | |
12 | + | CF HB 701 | |
13 | + | By: Senators Gile, Feldman, Beidle, and Ellis | |
14 | + | Introduced and read first time: January 24, 2024 | |
15 | + | Assigned to: Finance | |
16 | + | Committee Report: Favorable with amendments | |
17 | + | Senate action: Adopted with floor amendments | |
18 | + | Read second time: February 29, 2024 | |
10 | 19 | ||
11 | - | FOR the purpose of requiring the listing for a ticket and each step of a transaction to | |
12 | - | purchase a ticket to disclose certain information; requiring a reseller to provide the | |
13 | - | contact information of the resale ticket purchaser to the ticket issuer for a certain | |
14 | - | purpose; prohibiting a reseller from selling or offering to sell a ticket for more than | |
15 | - | a certain price; limiting the fee that a secondary ticket exchange may charge for the | |
16 | - | service of providing a marketplace for the resale of a ticket; prohibiting a person from | |
17 | - | restricting the transfer or resale of a ticket that was made available to the general | |
18 | - | public for purchase, subject to certain restrictions; repealing the exceptions to the | |
19 | - | prohibition against a reseller selling or offering to sell speculative tickets; prohibiting | |
20 | - | a secondary ticket exchange from providing a marketplace for the resale of a ticket | |
21 | - | that violates this Act; requiring a ticket issuer, secondary ticket exchange, or reseller | |
22 | - | to provide a refund under certain conditions; and generally relating to consumer | |
23 | - | protection and the sale and resale of tickets. | |
20 | + | CHAPTER ______ | |
24 | 21 | ||
25 | - | BY repealing and reenacting, with amendments, | |
26 | - | Article – Commercial Law | |
27 | - | Section 13–310.1 | |
28 | - | Annotated Code of Maryland | |
29 | - | (2013 Replacement Volume and 2023 Supplement) | |
22 | + | AN ACT concerning 1 | |
30 | 23 | ||
31 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
32 | - | That the Laws of Maryland read as follows: | |
24 | + | Commercial Law – Consumer Protection – Sale and Resale of Tickets 2 | |
33 | 25 | ||
34 | - | Article – Commercial Law | |
26 | + | FOR the purpose of requiring the listing for a ticket and each step of a transaction to 3 | |
27 | + | purchase a ticket to disclose certain information; requiring a reseller to provide the 4 | |
28 | + | contact information of the resale ticket purchaser to the ticket issuer for a certain 5 | |
29 | + | purpose; prohibiting a reseller from selling or offering to sell a ticket for more than 6 | |
30 | + | a certain price; limiting the fee that a secondary ticket exchange may charge for the 7 | |
31 | + | service of providing a marketplace for the resale of a ticket; prohibiting a person from 8 | |
32 | + | restricting the transfer or resale of a ticket that was made available to the general 9 | |
33 | + | public for purchase, subject to certain restrictions; repealing the exceptions to the 10 | |
34 | + | prohibition against a reseller selling or offering to sell speculative tickets; prohibiting 11 | |
35 | + | a secondary ticket exchange from providing a marketplace for the resale of a ticket 12 | |
36 | + | that violates this Act; requiring a ticket issuer, secondary ticket exchange, or reseller 13 | |
37 | + | to provide a refund under certain conditions; and generally relating to consumer 14 | |
38 | + | protection and the sale and resale of tickets. 15 | |
35 | 39 | ||
36 | - | 13–310.1. | |
40 | + | BY repealing and reenacting, with amendments, 16 | |
41 | + | Article – Commercial Law 17 | |
42 | + | Section 13–310.1 18 | |
43 | + | Annotated Code of Maryland 19 | |
44 | + | (2013 Replacement Volume and 2023 Supplement) 20 | |
37 | 45 | ||
38 | - | (a) (1) In this section the following words have the meanings indicated. | |
46 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 | |
47 | + | That the Laws of Maryland read as follows: 22 | |
48 | + | 2 SENATE BILL 539 | |
39 | 49 | ||
40 | - | (2) (i) “Resale” means the second or subsequent sale of a ticket. | |
41 | 50 | ||
42 | - | (ii) “Resale” includes a sale by any means, including in person, by | |
43 | - | telephone, by mail, by e–mail, by facsimile, or through a website or other electronic means. | |
51 | + | Article – Commercial Law 1 | |
44 | 52 | ||
45 | - | (3) “Reseller” means a person [who offers a ticket for resale] ENGAGED IN | |
46 | - | THE RESALE OF TICKETS . | |
47 | - | Ch. 456 2024 LAWS OF MARYLAND | |
53 | + | 13–310.1. 2 | |
48 | 54 | ||
49 | - | – 2 – | |
50 | - | (4) “SECONDARY TICKET EXCH ANGE” MEANS AN ELECTRONIC | |
51 | - | MARKETPLACE THAT ENA BLES CONSUMERS A PERSON TO SELL, PURCHASE, AND | |
52 | - | RESELL TICKETS . | |
55 | + | (a) (1) In this section the following words have the meanings indicated. 3 | |
53 | 56 | ||
54 | - | (5) (i) “Speculative ticket” means a ticket that is not in the actual or | |
55 | - | constructive possession of a reseller at the time of sale, ADVERTISEMENT , OR LISTING. | |
57 | + | (2) (i) “Resale” means the second or subsequent sale of a ticket. 4 | |
56 | 58 | ||
57 | - | (ii) “ | |
58 | - | ||
59 | + | (ii) “Resale” includes a sale by any means, including in person, by 5 | |
60 | + | telephone, by mail, by e–mail, by facsimile, or through a website or other electronic means. 6 | |
59 | 61 | ||
60 | - | 1. Is not in the physical possession of the reseller; | |
62 | + | (3) “Reseller” means a person [who offers a ticket for resale] ENGAGED IN 7 | |
63 | + | THE RESALE OF TICKETS . 8 | |
61 | 64 | ||
62 | - | 2. Is not owned by the reseller; or | |
65 | + | (4) “SECONDARY TICKET EXCH ANGE” MEANS AN ELECTRONIC 9 | |
66 | + | MARKETPLACE THAT ENA BLES CONSUMERS A PERSON TO SELL, PURCHASE, AND 10 | |
67 | + | RESELL TICKETS . 11 | |
63 | 68 | ||
64 | - | 3. Is not under contract to be transferred to the reseller. | |
69 | + | (5) (i) “Speculative ticket” means a ticket that is not in the actual or 12 | |
70 | + | constructive possession of a reseller at the time of sale, ADVERTISEMENT , OR LISTING. 13 | |
65 | 71 | ||
66 | - | [(5)] (6) “Ticket” means physical, electronic, or other evidence, that | |
67 | - | grants the possessor of the evidence [permission] LICENSE to enter a place of | |
68 | - | entertainment for one or more events at a specified date and time. | |
72 | + | (ii) “Speculative ticket” includes a ticket sold by a reseller that, at 14 | |
73 | + | the time of resale: 15 | |
69 | 74 | ||
70 | - | (7) (I) “TICKET ISSUER” MEANS A PERSON THAT , DIRECTLY OR | |
71 | - | INDIRECTLY, ISSUES INITIAL TICKE TS FOR AN ENTERTAINM ENT EVENT. | |
75 | + | 1. Is not in the physical possession of the reseller; 16 | |
72 | 76 | ||
73 | - | | |
77 | + | 2. Is not owned by the reseller; or 17 | |
74 | 78 | ||
75 | - | | |
79 | + | 3. Is not under contract to be transferred to the reseller. 18 | |
76 | 80 | ||
77 | - | 2. AN OPERATOR OF A VENUE; | |
81 | + | [(5)] (6) “Ticket” means physical, electronic, or other evidence, that 19 | |
82 | + | grants the possessor of the evidence [permission] LICENSE to enter a place of 20 | |
83 | + | entertainment for one or more events at a specified date and time. 21 | |
78 | 84 | ||
79 | - | | |
80 | - | EVENT | |
85 | + | (7) (I) “TICKET ISSUER” MEANS A PERSON THAT , DIRECTLY OR 22 | |
86 | + | INDIRECTLY, ISSUES INITIAL TICKE TS FOR AN ENTERTAINM ENT EVENT. 23 | |
81 | 87 | ||
82 | - | 4. A SPORTS TEAM PARTICIP ATING IN AN | |
83 | - | ENTERTAINMENT EVENT ; | |
88 | + | (II) “TICKET ISSUER” INCLUDES: 24 | |
84 | 89 | ||
85 | - | 5. A SPORTS LEAGUE WHOSE TEAMS ARE | |
86 | - | PARTICIPATING IN AN ENTERTAINMENT EVENT ; | |
90 | + | 1. A MUSICIAN OR MUSICAL GROUP; 25 | |
87 | 91 | ||
88 | - | | |
92 | + | 2. AN OPERATOR OF A VENU E; 26 | |
89 | 93 | ||
90 | - | | |
91 | - | ||
92 | - | | |
94 | + | 3. A SPONSOR OR A PROMOTE R OF AN ENTERTAINMEN T 27 | |
95 | + | EVENT; 28 | |
96 | + | SENATE BILL 539 3 | |
93 | 97 | ||
94 | - | – 3 – | |
95 | - | 8. AN AGENT OF ANY OF TH E PERSONS LISTED IN ITEMS | |
96 | - | 1 THROUGH 7 OF THIS SUBPARAGRAPH . | |
97 | 98 | ||
98 | - | | |
99 | - | ||
99 | + | 4. A SPORTS TEAM PARTICIP ATING IN AN 1 | |
100 | + | ENTERTAINMENT EVENT ; 2 | |
100 | 101 | ||
101 | - | | |
102 | - | ||
102 | + | 5. A SPORTS LEAGUE WHOSE TEAMS ARE 3 | |
103 | + | PARTICIPATING IN AN ENTERTAINMENT EVENT; 4 | |
103 | 104 | ||
104 | - | (I) CLEARLY AND CONSPICUOUSLY DI SCLOSE THE TOTAL | |
105 | - | PRICE OF THE TICKET , INCLUDING ALL FEES A ND TAXES OTHER THAN SHIPPING | |
106 | - | COSTS THAT ARE NOT D ETERMINABLE AT A STEP IN THE TRA NSACTION; | |
105 | + | 6. A THEATER COMPANY ; 5 | |
107 | 106 | ||
108 | - | | |
109 | - | ||
107 | + | 7. A MARKETPLACE OPERATED FOR CONSUMERS TO 6 | |
108 | + | MAKE AN INITIAL PURC HASE OF TICKETS ; OR 7 | |
110 | 109 | ||
111 | - | | |
112 | - | ||
110 | + | 8. AN AGENT OF ANY OF TH E PERSONS LISTED IN ITEMS 8 | |
111 | + | 1 THROUGH 7 OF THIS SUBPARAGRAPH . 9 | |
113 | 112 | ||
114 | - | (3) (I) THE TOTAL PRICE OF A TICKET UNDER PARAGRA PH (2)(I) | |
115 | - | OF THIS SUBSECTION M AY BE INCREASED IN A NONINITIAL STEP OF A TRANSACTION | |
116 | - | BY THE AMOUNT OF REA SONABLE SHIPPING COS TS FOR PHYSICALLY DE LIVERED | |
117 | - | TICKETS. | |
113 | + | (B) (1) THIS SUBSECTION APPLI ES ONLY TO SEC ONDARY TICKET 10 | |
114 | + | EXCHANGES , TICKET ISSUERS, AND RESELLERS . 11 | |
118 | 115 | ||
119 | - | (II) THE SHIPPING COSTS ALLOWED UND ER SUBPARAGRAPH (I) | |
120 | - | OF THIS PARAGRAPH MA Y VARY WITH THE PURC HASER’S LOCATION RELATIVE TO | |
121 | - | THE SHIPMENT ’S LOCATION OF ORIGIN AND THE DELIVERY MET HOD SELECTED BY | |
122 | - | THE PURCHASER . | |
116 | + | (2) THE LISTING FOR A TIC KET AND EACH STEP OF A TRANSACTION 12 | |
117 | + | TO PURCHASE A TICKET SHALL: 13 | |
123 | 118 | ||
124 | - | ( | |
125 | - | ||
126 | - | ||
119 | + | (I) CLEARLY AND CONSPICUOUSLY DI SCLOSE THE TOTAL 14 | |
120 | + | PRICE OF THE TICKET , INCLUDING ALL FEES A ND TAXES OTHER THAN SHIPPING 15 | |
121 | + | COSTS THAT ARE NOT D ETERMINABLE AT A STE P IN THE TRANSACTION ; 16 | |
127 | 122 | ||
128 | - | (C) A RESELLER SHALL PROVI DE THE TICKET ISSUER WITH THE CONTACT | |
129 | - | INFORMATION OF THE R ESALE TICKET PURCHAS ER TO ENABLE THE TIC KET ISSUER | |
130 | - | TO NOTIFY THE RESALE TI CKET PURCHASER OF AN Y CHANGE IN THE EVEN T | |
131 | - | CIRCUMSTANCES , SUCH AS AN EVENT CAN CELLATION OR RESCHED ULING. | |
123 | + | (II) PROVIDE AN ITEMIZED L ISTING OF ALL CHARGE S THAT 17 | |
124 | + | COMPRISE THE TOTAL P RICE OF THE TICKET , INCLUDING ALL FEES A ND TAXES; AND 18 | |
132 | 125 | ||
133 | - | (D) (1) THIS SUBSECTION DOES NOT APPLY TO A FEE T HAT A SECONDARY | |
134 | - | TICKET EXCHANGE MAY CHARGE FOR THE SERVI CE OF PROVIDING A MA RKETPLACE | |
135 | - | FOR THE RESALE OF A TICKET. | |
126 | + | (III) IDENTIFY THE SEAT NUM BER AND ZONE OR SE CTION OF THE 19 | |
127 | + | TICKET, TO THE EXTENT APPLIC ABLE TO THE SEAT AND VENUE. 20 | |
136 | 128 | ||
137 | - | (2) (I) EXCEPT AS PROVIDED UN DER SUBPARAGRAPH (II) OF THIS | |
138 | - | PARAGRAPH , THE TOTAL PRICE AT W HICH A RESELLER MAY SELL OR OFFER TO SEL L Ch. 456 2024 LAWS OF MARYLAND | |
129 | + | (3) (I) THE TOTAL PRICE OF A TICKET UNDER PARAGRA PH (2)(I) 21 | |
130 | + | OF THIS SUBSECTION M AY BE INCREASED IN A NONINITIAL STEP OF A TRANSACTION 22 | |
131 | + | BY THE AMOUNT OF REA SONABLE SHIPPING COS TS FOR PHYS ICALLY DELIVERED 23 | |
132 | + | TICKETS. 24 | |
139 | 133 | ||
140 | - | – 4 – | |
141 | - | A TICKET MAY NOT EXC EED THE TOTAL PRICE OF THE INITIAL TICKE T, INCLUDING | |
142 | - | ALL FEES AND TA XES IN CONNECTION WI TH THE INITIAL TICKE T. | |
134 | + | (II) THE SHIPPING COSTS AL LOWED UNDER SUBPARAG RAPH (I) 25 | |
135 | + | OF THIS PARAGRAPH MA Y VARY WITH THE PURC HASER’S LOCATION RELATIVE TO 26 | |
136 | + | THE SHIPMENT ’S LOCATION OF ORIGIN AND THE DELIVERY MET HOD SELECTED BY 27 | |
137 | + | THE PURCHASER . 28 | |
143 | 138 | ||
144 | - | ( | |
145 | - | ||
146 | - | OF | |
147 | - | ||
139 | + | (III) THE TOTAL PRICE OF THE T ICKET, INCLUDING ALL FEES , 29 | |
140 | + | TAXES, AND SHIPPING COSTS , SHALL BE CLEARLY AND CONSPICUOUSLY DISCLO SED 30 | |
141 | + | PRIOR TO FINAL PURCH ASE OF THE TICKET . 31 | |
142 | + | 4 SENATE BILL 539 | |
148 | 143 | ||
149 | - | (E) THE FEE THAT A SECOND ARY TICKET EXCHANGE MAY CHARGE FOR THE | |
150 | - | SERVICE OF PROVIDING A MARKETPLACE FOR TH E RESALE OF A TICKET MAY NOT | |
151 | - | EXCEED 10% OF THE TOTAL PRICE O F THE INITIAL TICKET . | |
152 | 144 | ||
153 | - | (F) SUBJECT TO REASONABLE RESTRICTIONS IMPOSED BY A TICKET | |
154 | - | ISSUER, A PERSON MAY NOT PRO HIBIT OR RESTRICT TH E TRANSFER OR RESALE OF | |
155 | - | A TICKET THAT WAS MA DE AVAILABLE TO THE GENERAL PUBLIC FOR P URCHASE. | |
145 | + | (C) A RESELLER SHALL PROVI DE THE TICKET ISSUER WITH THE CONTACT 1 | |
146 | + | INFORMATION OF THE R ESALE TICKET PURCHASER TO ENABLE THE TICKET IS SUER 2 | |
147 | + | TO NOTIFY THE RESALE TICKET PURCHASER OF ANY CHANGE IN THE EV ENT 3 | |
148 | + | CIRCUMSTANCES , SUCH AS AN EVENT CAN CELLATION OR RESCHED ULING. 4 | |
156 | 149 | ||
157 | - | ||
158 | - | ||
159 | - | ||
150 | + | (D) (1) THIS SUBSECTION DOES NOT APPLY TO A FEE T HAT A SECONDARY 5 | |
151 | + | TICKET EXCHANGE M AY CHARGE FOR THE SE RVICE OF PROVIDING A MARKETPLACE 6 | |
152 | + | FOR THE RESALE OF A TICKET. 7 | |
160 | 153 | ||
161 | - | (1) That the tickets are speculative tickets, and the reseller is not in | |
162 | - | possession of the tickets; | |
154 | + | (2) (I) EXCEPT AS PROVIDED UN DER SUBPARAGRAPH (II) OF THIS 8 | |
155 | + | PARAGRAPH , THE TOTAL PRICE AT W HICH A RESELLER MAY SELL OR OFFER TO SEL L 9 | |
156 | + | A TICKET MAY NOT EXC EED THE TOTAL PRICE OF THE INITIAL TICKE T, INCLUDING 10 | |
157 | + | ALL FEES AND TAXES I N CONNECTION WITH TH E INITIAL TICKET. 11 | |
163 | 158 | ||
164 | - | (2) That the reseller is making an offer to procure the tickets for the | |
165 | - | prospective purchaser; | |
159 | + | (II) IF INITIAL TICKETS WE RE PURCHASED FOR A S ERIES OF 12 | |
160 | + | EVENTS, SUCH AS SEASON TICKE TS FOR A SPORTS TEAM , THE TOTAL RESALE PRI CE 13 | |
161 | + | OF A TICKET FOR A SI NGLE EVENT MA Y NOT EXCEED THE TOT AL PRICE OF A 14 | |
162 | + | COMPARABLE TICKET , INCLUDING ALL FEES A ND TAXES. 15 | |
166 | 163 | ||
167 | - | (3) An approximate date on which the tickets will be delivered to the | |
168 | - | purchaser; | |
164 | + | (E) THE FEE THAT A SECOND ARY TICKET EXCHANGE MAY CHARGE FOR THE 16 | |
165 | + | SERVICE OF PROVIDING A MARKETPLACE FOR TH E RESALE OF A TICKET MAY NOT 17 | |
166 | + | EXCEED 10% OF THE TOTAL PRICE O F THE INITIAL TICKET. 18 | |
169 | 167 | ||
170 | - | (4) The name or a description of the event for which the tickets will permit | |
171 | - | entry; | |
168 | + | (F) SUBJECT TO REASONABLE RESTRICTIONS IMPOSED BY A TICKET 19 | |
169 | + | ISSUER, A PERSON MAY NOT PRO HIBIT OR RESTRICT TH E TRANSFER OR RESALE OF 20 | |
170 | + | A TICKET THAT WAS MA DE AVAILABLE TO THE GENERAL PUBLIC FOR P URCHASE. 21 | |
172 | 171 | ||
173 | - | (5) The total number of tickets included in the transaction; | |
172 | + | [(b)] (G) (C) A reseller may not sell or offer to sell speculative tickets [unless the 22 | |
173 | + | reseller, clearly and conspicuously, discloses to a prospective purchaser at the outset of the 23 | |
174 | + | sales transaction: 24 | |
174 | 175 | ||
175 | - | (6) The number of tickets for seats that are together; | |
176 | + | (1) That the tickets are speculative tickets, and the reseller is not in 25 | |
177 | + | possession of the tickets; 26 | |
176 | 178 | ||
177 | - | ( | |
178 | - | ||
179 | + | (2) That the reseller is making an offer to procure the tickets for the 27 | |
180 | + | prospective purchaser; 28 | |
179 | 181 | ||
180 | - | (8) For reserved seat tickets: | |
182 | + | (3) An approximate date on which the tickets will be delivered to the 29 | |
183 | + | purchaser; 30 | |
181 | 184 | ||
182 | - | (i) The seat numbers of the tickets; or | |
185 | + | (4) The name or a description of the event for which the tickets will permit 31 | |
186 | + | entry; 32 | |
183 | 187 | ||
184 | - | ( | |
185 | - | ||
188 | + | (5) The total number of tickets included in the transaction; 33 | |
189 | + | SENATE BILL 539 5 | |
186 | 190 | ||
187 | - | – 5 – | |
188 | 191 | ||
189 | - | (c) (1) A reseller shall refund to a purchaser any consideration or deposit paid | |
190 | - | for tickets sold under this section if the reseller fails to obtain the tickets: | |
192 | + | (6) The number of tickets for seats that are together; 1 | |
191 | 193 | ||
192 | - | (i) Within 24 hours after the approximate date of delivery specified | |
193 | - | in subsection (b)(2) of this section, but before the commencement of the event for which the | |
194 | - | tickets were sold; or | |
194 | + | (7) The zone or section number of the tickets, to the extent applicable to 2 | |
195 | + | the venue; and 3 | |
195 | 196 | ||
196 | - | ( | |
197 | + | (8) For reserved seat tickets: 4 | |
197 | 198 | ||
198 | - | (2) A reseller shall make a refund required under this subsection not later | |
199 | - | than 10 days after the final day of the event for which the tickets were sold]. | |
199 | + | (i) The seat numbers of the tickets; or 5 | |
200 | 200 | ||
201 | - | (H) (D) A SECONDARY TICKET EXC HANGE MAY NOT PROVID E A | |
202 | - | MARKETPLACE FOR THE SALE OR RESALE OF A TICKET T HAT VIOLATES THIS | |
203 | - | SECTION. | |
201 | + | (ii) If applicable, that the reseller cannot guarantee the specific seats 6 | |
202 | + | because the tickets are speculative tickets. 7 | |
204 | 203 | ||
205 | - | (E) A TICKET ISSUER, SECONDARY TICKET EXC HANGE, OR RESELLER WHO | |
206 | - | DIRECTLY ENGAGES IN A SALES TRANSACTION WITH A PURCHASER FOR THE | |
207 | - | PURCHASE OF A TICKET SHALL PROVIDE A THE PURCHASER WITH A FUL L REFUND | |
208 | - | OF THE TOTAL AMOUNT PAID, INCLUDING THE PRICE OF THE TICKET AND AN Y FEES | |
209 | - | AND TAXES, IF: | |
204 | + | (c) (1) A reseller shall refund to a purchaser any consideration or deposit paid 8 | |
205 | + | for tickets sold under this section if the reseller fails to obtain the tickets: 9 | |
210 | 206 | ||
211 | - | (1) THE TICKET PURCHASED IS COUNTERFEIT ; | |
207 | + | (i) Within 24 hours after the approximate date of delivery specified 10 | |
208 | + | in subsection (b)(2) of this section, but before the commencement of the event for which the 11 | |
209 | + | tickets were sold; or 12 | |
212 | 210 | ||
213 | - | (2) THE EVENT FOR WHICH T HE TICKET IS PURCHAS ED IS CANCELED; | |
214 | - | OR | |
211 | + | (ii) In conformity with the disclosures required under this section. 13 | |
215 | 212 | ||
216 | - | ( | |
217 | - | ||
213 | + | (2) A reseller shall make a refund required under this subsection not later 14 | |
214 | + | than 10 days after the final day of the event for which the tickets were sold]. 15 | |
218 | 215 | ||
219 | - | SECTION 2. AND BE IT FURTHER ENACTED, That: | |
216 | + | (H) (D) A SECONDARY TICKET EXC HANGE MAY NOT PROVID E A 16 | |
217 | + | MARKETPLACE FOR THE SALE OR RESALE OF A TICKET T HAT VIOLATES THIS 17 | |
218 | + | SECTION. 18 | |
220 | 219 | ||
221 | - | (a) The Consumer Protection Division of the Office of the Attorney General, with | |
222 | - | input from relevant stakeholders, shall conduct a review of the event ticket market in the | |
223 | - | State. | |
220 | + | (E) A TICKET ISSUER, SECONDARY TICKET EXC HANGE, OR RESELLER WHO 19 | |
221 | + | DIRECTLY ENGAGES IN A SALES TRANSACTION WITH A PURCHASER FOR THE 20 | |
222 | + | PURCHASE OF A TICKET SHALL PROVIDE A THE PURCHASER WITH A FUL L REFUND 21 | |
223 | + | OF THE TOTAL AMOUNT PAID, INCLUDING THE PRICE OF THE TICKET AND AN Y FEES 22 | |
224 | + | AND TAXES, IF: 23 | |
224 | 225 | ||
225 | - | (b) The review required under subsection (a) of this section shall include, to the | |
226 | - | extent feasible, an assessment of: | |
226 | + | (1) THE TICKET PURCHASED IS COUNTERFEIT ; 24 | |
227 | 227 | ||
228 | - | (1) how event tickets are obtained for resale by professional resellers and | |
229 | - | brokers; | |
230 | - | Ch. 456 2024 LAWS OF MARYLAND | |
228 | + | (2) THE EVENT FOR WHICH T HE TICKET IS PURCHAS ED IS CANCELED; 25 | |
229 | + | OR 26 | |
231 | 230 | ||
232 | - | – 6 – | |
233 | - | (2) the cost of event tickets offered to and purchased by consumers on the | |
234 | - | resale market when compared with the face values and total event ticket prices for tickets | |
235 | - | offered to and purchased by consumers in the primary event ticket market; | |
231 | + | (3) THE TICKET FAILS TO C ONFORM TO THE DESCRI PTION AS 27 | |
232 | + | ADVERTISED OR REPRES ENTED TO THE PURCHAS ER BY THE SELLER . 28 | |
236 | 233 | ||
237 | - | | |
238 | - | ||
234 | + | SECTION 2. AND BE IT FURTHER ENACTED, That: 29 | |
235 | + | 6 SENATE BILL 539 | |
239 | 236 | ||
240 | - | (4) problems consumers are encountering relating to the purchase of event | |
241 | - | tickets sold and offered for sale on the resale market, including: | |
242 | 237 | ||
243 | - | (i) the fraudulent sale of event tickets; | |
238 | + | (a) The Consumer Protection Division of the Office of the Attorney General, with 1 | |
239 | + | input from relevant stakeholders, shall conduct a review of the event ticket market in the 2 | |
240 | + | State. 3 | |
244 | 241 | ||
245 | - | (ii) the sale of counterfeit tickets; | |
242 | + | (b) The review required under subsection (a) of this section shall include, to the 4 | |
243 | + | extent feasible, an assessment of: 5 | |
246 | 244 | ||
247 | - | ( | |
248 | - | ||
245 | + | (1) how event tickets are obtained for resale by professional resellers and 6 | |
246 | + | brokers; 7 | |
249 | 247 | ||
250 | - | (iv) the use of bots to purchase for resale tickets for in–demand | |
251 | - | events; | |
248 | + | (2) the cost of event tickets offered to and purchased by consumers on the 8 | |
249 | + | resale market when compared with the face values and total event ticket prices for tickets 9 | |
250 | + | offered to and purchased by consumers in the primary event ticket market; 10 | |
252 | 251 | ||
253 | - | (5) the impact of any measures taken in other states to protect consumers | |
254 | - | in the event ticket market, such as through resale price caps, limits on fees and charges by | |
255 | - | secondary market resale platforms, requiring the transferability of event tickets, and | |
256 | - | restrictions on the use of bots to purchase tickets for resale; and | |
252 | + | (3) factors contributing to the cost of event tickets sold and offered for sale 11 | |
253 | + | on the resale market; 12 | |
257 | 254 | ||
258 | - | ( | |
259 | - | ||
255 | + | (4) problems consumers are encountering relating to the purchase of event 13 | |
256 | + | tickets sold and offered for sale on the resale market, including: 14 | |
260 | 257 | ||
261 | - | (c) On or before December 1, 2024, the Consumer Protection Division of the Office | |
262 | - | of the Attorney General shall submit a report with findings and recommendations from the | |
263 | - | review required under this section to the Senate Finance Committee and the House | |
264 | - | Economic Matters Committee, in accordance with § 2–1257 of the State Government | |
265 | - | Article. | |
258 | + | (i) the fraudulent sale of event tickets; 15 | |
266 | 259 | ||
267 | - | SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect | |
268 | - | October July 1, 2024. | |
260 | + | (ii) the sale of counterfeit tickets; 16 | |
269 | 261 | ||
270 | - | Approved by the Governor, May 9, 2024. | |
262 | + | (iii) the denial of entry to events for which tickets were purchased by 17 | |
263 | + | consumers; and 18 | |
264 | + | ||
265 | + | (iv) the use of bots to purchase for resale tickets for in–demand 19 | |
266 | + | events; 20 | |
267 | + | ||
268 | + | (5) the impact of any measures taken in other states to protect consumers 21 | |
269 | + | in the event ticket market, such as through resale price caps, limits on fees and charges by 22 | |
270 | + | secondary market resale platforms, requiring the transferability of event tickets, and 23 | |
271 | + | restrictions on the use of bots to purchase tickets for resale; and 24 | |
272 | + | ||
273 | + | (6) any other matters identified as relevant to the protection of consumers 25 | |
274 | + | in the event ticket market. 26 | |
275 | + | ||
276 | + | (c) On or before December 1, 2024, the Consumer Protection Division of the Office 27 | |
277 | + | of the Attorney General shall submit a report with findings and recommendations from the 28 | |
278 | + | review required under this section to the Senate Finance Committee and the House 29 | |
279 | + | Economic Matters Committee, in accordance with § 2–1257 of the State Government 30 | |
280 | + | Article. 31 | |
281 | + | ||
282 | + | SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 32 | |
283 | + | October July 1, 2024. 33 | |
284 | + | SENATE BILL 539 7 | |
285 | + | ||
286 | + | ||
287 | + | ||
288 | + | ||
289 | + | ||
290 | + | Approved: | |
291 | + | ________________________________________________________________________________ | |
292 | + | Governor. | |
293 | + | ________________________________________________________________________________ | |
294 | + | President of the Senate. | |
295 | + | ________________________________________________________________________________ | |
296 | + | Speaker of the House of Delegates. |