02-28 14:39 1st Sub. (Green) S.B. 292
Todd Weiler proposes the following substitute bill:
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Ticketing Delivery Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor:
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LONG TITLE
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General Description:
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This bill enacts provisions relating to the delivery of an e-ticket.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ provides that it is unlawful for a primary ticket seller or reseller to fail to deliver an
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e-ticket to an event before the event begins;
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▸ grants an individual a cause of action against a person that engages in a prohibited
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practice related to ticket sales;
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▸ provides for an award of damages; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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13-54-102, as last amended by Laws of Utah 2023, Chapter 251
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13-54-202, as last amended by Laws of Utah 2023, Chapter 251
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 13-54-102 is amended to read:
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13-54-102 . Definitions.
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As used in this chapter:
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(1) "Consumer" means a person [who] that purchases a ticket for use by the person or the
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person's invitee.
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(2) "Division" means the Division of Consumer Protection in the Department of Commerce.
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(3) "Domain" means the portion of text in a URL that is to the left of the top-level domain.
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(4) "E-ticket" means digital evidence of an individual's right of entry to an event that a
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seller delivers through electronic means.
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[(4)] (5) "Event" means a single, specific occurrence of one of the following, that takes
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place at a venue:
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(a) a concert;
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(b) a game;
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(c) a performance;
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(d) a show; or
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(e) an occasion similar to the occasions described in Subsections [(4)(a)] ([ through (d)]
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(5)(a) through (d).
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[(5)] (6) "Event participant" means any of the following persons [who is ] that are associated
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with an event or on behalf of [whom] which a person sells a ticket to an event:
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(a) an artist;
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(b) a league;
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(c) a team;
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(d) a tour group;
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(e) a venue; or
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(f) any person similar to the persons described in Subsections [(5)(a) through (e)] (6)(a)
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through (d).
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[(6)] (7) "Person" does not include a government entity.
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[(7)] (8) "Primary ticket seller" means the person [who] that first sells a particular ticket.
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[(8)] (9)(a) "Reseller" means a person [who] that sells or offers for sale a ticket after [it]
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the ticket is sold by a primary ticket seller.
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(b) "Reseller" includes a person [who] that engages in conduct described in Subsection [
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(8)(a)] (9)(a), regardless of whether the person is also the primary ticket seller of the
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ticket or the primary ticket seller of another ticket to the same event.
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(c) "Reseller" does not include a person [who] that transfers a ticket to another person
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without reimbursement or consideration.
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(10) "Season ticket" means a ticket that a primary ticket seller sells as a subscription to
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more than one event.
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[(9)] (11) "Ticket" means evidence of an individual's right of entry to an event.
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(a) "Ticket" includes an e-ticket.
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[(10)] (12) "Ticket aggregator" means a person [who] that aggregates the prices for which
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other persons offer tickets for sale or resale.
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[(11)] (13) "Ticket purchasing software" means software that is primarily designed for the
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purpose of:
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(a) interfering with the sale of tickets by circumventing controls or measures on a ticket
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website to bypass posted event ticket purchasing limits; or
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(b) undermining the integrity of posted online ticket purchasing order rules.
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[(12)] (14) "Ticket website" means:
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(a) with respect to a reseller, a website on which the reseller sells or offers for sale or
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resale one or more tickets; or
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(b) with respect to a ticket aggregator, a website on which the ticket aggregator
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aggregates the prices for which other persons offer tickets for sale or resale.
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[(13)] (15) "Top-level domain" includes .com, .net, and .org.
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[(14)] (16) "URL" means the uniform resource locator for a website on the Internet.
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[(15)] (17)(a) "Venue" means real property located in the state where one or more
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persons host a concert, game, performance, show, or similar occasion.
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(b) "Venue" includes an arena, a stadium, a theater, a concert hall, an amphitheater, a
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fairground, a club, a convention center, a public assembly facility, or a mass
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gathering location.
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Section 2. Section 13-54-202 is amended to read:
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13-54-202 . Prohibited practices.
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(1)(a) It is unlawful for any person [who] that is not a primary ticket seller to represent,
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directly or indirectly, that the person is a primary ticket seller.
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(b) If a presiding officer or court determines appropriate after considering other relevant
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factors, the following actions by a person [who] that is not a primary ticket seller
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establish a presumption that the person is representing that the person is a primary
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ticket seller in violation of Subsection (1)(a):
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(i) using the name of an event in the domain of the person's ticket website, unless the
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person has written authorization from an agent of the event;
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(ii) using the name of an event participant in the domain of the person's ticket
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website, unless the person has written authorization from the event participant or
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an agent of the event participant;
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(iii) using, in paid search results, the name of an event or event participant in a
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manner described in Subsection (1)(b)(i) or (ii); or
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(iv) using on the person's website any of the following that individually or in
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combination is substantially similar to a primary ticket seller's, venue's, or event's
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website, with the intent to mislead a potential purchaser, without written
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authorization:
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(A) text;
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(B) images;
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(C) website graphics;
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(D) website design; or
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(E) Internet address.
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(2) It is unlawful for a person [who] that lists or offers a ticket for sale to:
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(a) accept payment for the ticket; and
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(b) fail to deliver to the consumer [who] that purchases the ticket a ticket that reflects the
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transaction to which the parties agreed.
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(3) It is unlawful for a person to:
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(a) knowingly sell more than one copy of the same ticket; or
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(b) use ticket purchasing software to circumvent any portion of the process for
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purchasing a ticket on a ticket website, including:
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(i) circumventing:
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(A) security measures;
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(B) identity validation measures; or
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(C) an access control system; or
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(ii) disguising the identity of a ticket purchaser for the purpose of purchasing a
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number of tickets that exceeds the maximum number of tickets allowed for a
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person to purchase.
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(4) It is unlawful for a person to fail to comply with a provision of Section 13-54-201.
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(5)(a) Except as provided in Subsection (5)(b), it is unlawful for a primary ticket seller
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or reseller to fail to deliver an e-ticket to an event to a consumer before the event
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begins.
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(b) Subsection (5)(a) does not apply to a season ticket.
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(6)(a) An individual has a cause of action against a person that violates this section if the
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individual suffers harm as a direct result of the person's violation of this section.
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(b) If an individual brings an action against a person under this Subsection (6), and a
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court with jurisdiction determines the person violated this section, the court shall
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award the individual:
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(i) treble damages; and
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(ii) reasonable costs and attorney fees.
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[(5)] (7) Nothing in this section prohibits a person from including the name of an event or an
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event participant in a URL after the top-level domain.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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