What's happening
This bill requires online ticket resale marketplaces and operators to clearly disclose when tickets are from secondary sellers and post related refund policies.
Why it matters
Improves consumer awareness and transparency. by requiring clear, prominent disclosures when a ticket is being sold on the secondary market, helping buyers understand they are not purchasing directly from the original seller.
Mandates online resale marketplaces to disclose refund policies. and event cancellation/postponement procedures up front, allowing buyers to make more informed decisions about the risks involved in purchasing resale tickets.
Requires user acknowledgment of these disclosures before a transaction. can proceed, increasing the likelihood that consumers actually see and understand this critical information before purchasing.
Defines what constitutes an "online resale marketplace". and limits the requirement to platforms that only facilitate resale between third parties, clarifying which businesses must comply and potentially closing loopholes for certain operators.
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Who cares
Headline styles
Disclose Online Ticket Resale
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6645
2017-2018 Regular Sessions
IN SENATE
June 9, 2017
Introduced by Sen. MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the arts and cultural affairs law, in relation to the online resale of tickets to places of entertainment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 25.23 of the arts and cultural affairs law, as amended by chapter 106 of the laws of 2005, is amended to read as follows:
§ 25.23. Posting of price lists; information to purchaser. 1. In every principal office or branch office, bureau, agency or sub-agency of any licensee under this article, there shall be conspicuously posted and at all times displayed a price list showing the established price charged by the operator of the place of entertainment for which a ticket is being sold by such licensee, together with the price being charged by such licensee for the resale of such ticket, so that all persons visiting such place may readily see the same. The licensee shall also on request furnish each purchaser of a ticket with a receipt showing the same information. Further, if the licensee conducts business through the use of the internet, the same price list, or hyperlink to the same, shall be conspicuously displayed on the internet page on which tickets are accessed. In addition the licensee shall publish in a conspicuous place, or hyperlink to on the internet a statement clearly detailing the required guarantees required by section 25.07 of this article.
2. No operator or its agent shall transfer a prospective ticket purchaser through any means to a secondary seller without providing a clear and conspicuous disclosure that informs the prospective purchaser that the ticket offered is in the secondary market.
3. An online resale marketplace shall post a clear and conspicuous notice on the website that the website is for the secondary sale of a ticket and that the price of such ticket offered for sale may exceed the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11681-04-7
S. 6645 2
established price and the refund policy of the platform in connection with the cancellation or postponement of an event. An online resale marketplace shall require that the user confirm having read such notice before starting any transaction. For the purposes of this section, an "online resale marketplace" means any operator or manager of a website or other electronic service that serves as a platform to facilitate resale, or resale by way of a competitive bidding process, solely between third parties and does not in any other manner engage in the resale of tickets to places of entertainment.
§ 2. This act shall take effect immediately; provided, however, that the amendments to section 25.23 made by section one of this act shall not affect the repeal and reversion of such section and shall be deemed repealed therewith.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the arts and cultural affairs law, in relation to the online resale of tickets to places of entertainment
Purpose
This bill would require disclosure to consumers regarding the sale of tickets in the secondary market.
Summary of provisions
Section one amends section 25.23 of the arts and cultural affairs law, regarding the posting of price lists, to require the posting of a clear and conspicuous disclosure that informs the prospective ticket purchaser that the ticket offered is in the secondary market.
Section two establishes the effective date.
Justification
Deceptive marketing practices have plagued consumers nationwide seeking to attend entertainment events held within this great state. Home to the most famous venues in the country, consumers have found themselves misguided by secondary market sites, which often times deceive consumers who believe they are purchasing from the primary seller site. This bill will end these deceptive practices by placing disclosure requirements on secondary ticket sellers to ensure consumers know where they are purchasing the tickets from, as well as how to contact the seller in the event of a cancellation or postponement. The piece of legislation will establish greater transparency in the ticket selling market, and provide a better purchasing experience for consumers.
Legislative history
New Bill
Fiscal implications
None
Effective date
This act shall take effect immediately; provided, however, that the amendments to section 25.23 made by section one of this act shall not affect the repeal and reversion of such article and shall be deemed repealed therewith.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.