TICKET SALES-DYNAMIC PRICING

Illinois General Assembly - Full Text of HB3838

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3838

Introduced 2/18/2025, by Rep. Hoan Huynh

SYNOPSIS AS INTRODUCED:

815 ILCS 414/1.5

was 720 ILCS 375/1.5

Amends the Ticket Sale and Resale Act. Provides that a ticket seller,
ticket reseller, and ticket broker shall display the full price of a
ticket, including all assessed fees, to a purchaser when the price of a
ticket is first shown to the purchaser and shall not increase that price
during the transaction with the purchaser. Provides that the use of
dynamic pricing in the course of selling a ticket is a violation of the
provision. Defines "dynamic pricing".
LRB104 10240 SPS 20314 b

A BILL FOR

HB3838
LRB104 10240 SPS 20314 b
1

AN ACT concerning business.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Ticket Sale and Resale Act is amended by
5
changing Section 1.5 as follows:

6

(815 ILCS 414/1.5)

(was 720 ILCS 375/1.5)
7

Sec. 1.5.
Sale of tickets at more than face value
8
prohibited; exceptions.
9

(a) Except as otherwise provided in subsections (b), (c),
10
(d), (e), and (f-5) of this Section and in Section 4, it is
11
unlawful for any person, persons, firm or corporation to sell
12
tickets for baseball games, football games, hockey games,
13
theatre entertainments, or any other amusement for a price
14
more than the price printed upon the face of said ticket, and
15
the price of said ticket shall correspond with the same price
16
shown at the box office or the office of original
17
distribution.
18

(b) This Act does not apply to the resale of tickets of
19
admission to a sporting event, theater, musical performance,
20
or place of public entertainment or amusement of any kind for a
21
price in excess of the printed box office ticket price by a
22
ticket broker who meets all of the following requirements:
23

(1) The ticket broker is duly registered with the

HB3838
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LRB104 10240 SPS 20314 b
1

Office of the Secretary of State on a registration form
2

provided by that Office. The registration must contain a
3

certification that the ticket broker:
4

(A) engages in the resale of tickets on a regular
5

and ongoing basis from one or more permanent or fixed
6

locations located within this State;
7

(B) maintains as the principal business activity
8

at those locations the resale of tickets;
9

(C) displays at those locations the ticket
10

broker's registration;
11

(D) maintains at those locations a listing of the
12

names and addresses of all persons employed by the
13

ticket broker;
14

(E) is in compliance with all applicable federal,
15

State, and local laws relating to its ticket selling
16

activities, and that neither the ticket broker nor any
17

of its employees within the preceding 12 months have
18

been convicted of a violation of this Act; and
19

(F) meets the following requirements:
20

(i) the ticket broker maintains a toll free
21

number specifically dedicated for Illinois
22

consumer complaints and inquiries concerning
23

ticket sales;
24

(ii) the ticket broker has adopted a code that
25

advocates consumer protection that includes, at a
26

minimum:

HB3838
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LRB104 10240 SPS 20314 b
1

(a-1) consumer protection guidelines;
2

(b-1) a standard refund policy. In the
3

event a refund is due, the ticket broker shall
4

provide that refund without charge other than
5

for reasonable delivery fees for the return of
6

the tickets; and
7

(c-1) standards of professional conduct;
8

(iii) the ticket broker has adopted a
9

procedure for the binding resolution of consumer
10

complaints by an independent, disinterested third
11

party and thereby submits to the jurisdiction of
12

the State of Illinois; and
13

(iv) the ticket broker has established and
14

maintains a consumer protection rebate fund in
15

Illinois in an amount in excess of $100,000, which
16

must be cash available for immediate disbursement
17

for satisfaction of valid consumer complaints.
18

Alternatively, the ticket broker may fulfill the
19

requirements of subparagraph (F) of this paragraph (1) if
20

the ticket broker certifies that he or she belongs to a
21

professional association organized under the laws of this
22

State, or organized under the laws of any other state and
23

authorized to conduct business in Illinois, that has been
24

in existence for at least 3 years prior to the date of that
25

broker's registration with the Office of the Secretary of
26

State, and is specifically dedicated, for and on behalf of

HB3838
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1

its members, to provide and maintain the consumer
2

protection requirements of subparagraph (F) of this
3

paragraph (1) to maintain the integrity of the ticket
4

brokerage industry.
5

(2) (Blank).
6

(3) The ticket broker and his employees must not
7

engage in the practice of selling, or attempting to sell,
8

tickets for any event while sitting or standing near the
9

facility at which the event is to be held or is being held
10

unless the ticket broker or his or her employees are on
11

property they own, lease, or have permission to occupy.
12

(4) The ticket broker must comply with all
13

requirements of the Retailers' Occupation Tax Act and
14

collect and remit all other applicable federal, State and
15

local taxes in connection with the ticket broker's ticket
16

selling activities.
17

(5) Beginning January 1, 1996, no ticket broker shall
18

advertise for resale any tickets within this State unless
19

the advertisement contains the name of the ticket broker
20

and the Illinois registration number issued by the Office
21

of the Secretary of State under this Section.
22

(6) Each ticket broker registered under this Act shall
23

pay an annual registration fee of $100.
24

(c) This Act does not apply to the sale of tickets of
25
admission to a sporting event, theater, musical performance,
26
or place of public entertainment or amusement of any kind for a

HB3838
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1
price in excess of the printed box office ticket price by a
2
reseller engaged in interstate or intrastate commerce on an
3
Internet auction listing service duly registered with the
4
Office of the Secretary of State on a registration form
5
provided by that Office. This subsection (c) applies to both
6
sales through an online bid submission process and sales at a
7
fixed price on the same website or interactive computer
8
service as an Internet auction listing service.
9

This subsection (c) applies to resales described in this
10
subsection only if the operator of the Internet auction
11
listing service meets the following requirements:
12

(1) the operator maintains a listing of the names and
13

addresses of its corporate officers;
14

(2) the operator is in compliance with all applicable
15

federal, State, and local laws relating to ticket selling
16

activities, and the operator's officers and directors have
17

not been convicted of a violation of this Act within the
18

preceding 12 months;
19

(3) the operator maintains, either itself or through
20

an affiliate, a toll free number dedicated for consumer
21

complaints;
22

(4) the operator provides consumer protections that
23

include at a minimum:
24

(A) consumer protection guidelines;
25

(B) a standard refund policy that guarantees to
26

all purchasers that it will provide and in fact

HB3838
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LRB104 10240 SPS 20314 b
1

provides a full refund of the amount paid by the
2

purchaser (including, but not limited to, all fees,
3

regardless of how characterized) if the following
4

occurs:
5

(i) the ticketed event is cancelled and the
6

purchaser returns the tickets to the seller or
7

Internet auction listing service; however,
8

reasonable delivery fees need not be refunded if
9

the previously disclosed guarantee specifies that
10

the fees will not be refunded if the event is
11

cancelled;
12

(ii) the ticket received by the purchaser does
13

not allow the purchaser to enter the ticketed
14

event for reasons that may include, without
15

limitation, that the ticket is counterfeit or that
16

the ticket has been cancelled by the issuer due to
17

non-payment, unless the ticket is cancelled due to
18

an act or omission by such purchaser;
19

(iii) the ticket fails to conform to its
20

description on the Internet auction listing
21

service; or
22

(iv) the ticket seller willfully fails to send
23

the ticket or tickets to the purchaser, or the
24

ticket seller attempted to deliver the ticket or
25

tickets to the purchaser in the manner required by
26

the Internet auction listing service and the

HB3838
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LRB104 10240 SPS 20314 b
1

purchaser failed to receive the ticket or tickets;
2

and
3

(C) standards of professional conduct;
4

(5) the operator has adopted an independent and
5

disinterested dispute resolution procedure that allows
6

resellers or purchasers to file complaints against the
7

other and have those complaints mediated or resolved by a
8

third party, and requires the resellers or purchasers to
9

submit to the jurisdiction of the State of Illinois for
10

complaints involving a ticketed event held in Illinois;
11

(6) the operator either:
12

(A) complies with all applicable requirements of
13

the Retailers' Occupation Tax Act and collects and
14

remits all applicable federal, State, and local taxes;
15

or
16

(B) publishes a written notice on the website
17

after the sale of one or more tickets that
18

automatically informs the ticket reseller of the
19

ticket reseller's potential legal obligation to pay
20

any applicable local amusement tax in connection with
21

the reseller's sale of tickets, and discloses to law
22

enforcement or other government tax officials, without
23

subpoena, the name, city, state, telephone number,
24

e-mail address, user ID history, fraud complaints, and
25

bidding and listing history of any specifically
26

identified reseller or purchaser upon the receipt of a

HB3838
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LRB104 10240 SPS 20314 b
1

verified request from law enforcement or other
2

government tax officials relating to a criminal
3

investigation or alleged illegal activity; and
4

(7) the operator either:
5

(A) has established and maintains a consumer
6

protection rebate fund in Illinois in an amount in
7

excess of $100,000, which must be cash available for
8

immediate disbursement for satisfaction of valid
9

consumer complaints; or
10

(B) has obtained and maintains in force an errors
11

and omissions insurance policy that provides at least
12

$100,000 in coverage.
13

(d) This Act does not apply to the resale of tickets of
14
admission to a sporting event, theater, musical performance,
15
or place of public entertainment or amusement of any kind for a
16
price in excess of the printed box office ticket price
17
conducted at an auction solely by or for a not-for-profit
18
organization for charitable purposes under clause (a)(1) of
19
Section 10-1 of the Auction License Act.
20

(e) This Act does not apply to the resale of a ticket for
21
admission to a baseball game, football game, hockey game,
22
theatre entertainment, or any other amusement for a price more
23
than the price printed on the face of the ticket and for more
24
than the price of the ticket at the box office if the resale is
25
made through an Internet website whose operator meets the
26
following requirements:

HB3838
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LRB104 10240 SPS 20314 b
1

(1) the operator has a business presence and physical
2

street address in the State of Illinois and clearly and
3

conspicuously posts that address on the website;
4

(2) the operator maintains a listing of the names of
5

the operator's directors and officers, and is duly
6

registered with the Office of the Secretary of State on a
7

registration form provided by that Office;
8

(3) the operator is in compliance with all applicable
9

federal, State, and local laws relating to its ticket
10

reselling activities regulated under this Act, and the
11

operator's officers and directors have not been convicted
12

of a violation of this Act within the preceding 12 months;
13

(4) the operator maintains a toll free number
14

specifically dedicated for consumer complaints and
15

inquiries regarding ticket resales made through the
16

website;
17

(5) the operator either:
18

(A) has established and maintains a consumer
19

protection rebate fund in Illinois in an amount in
20

excess of $100,000, which must be cash available for
21

immediate disbursement for satisfaction of valid
22

consumer complaints; or
23

(B) has obtained and maintains in force an errors
24

and omissions policy of insurance in the minimum
25

amount of $100,000 for the satisfaction of valid
26

consumer complaints;

HB3838
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LRB104 10240 SPS 20314 b
1

(6) the operator has adopted an independent and
2

disinterested dispute resolution procedure that allows
3

resellers or purchasers to file complaints against the
4

other and have those complaints mediated or resolved by a
5

third party, and requires the resellers or purchasers to
6

submit to the jurisdiction of the State of Illinois for
7

complaints involving a ticketed event held in Illinois;
8

(7) the operator either:
9

(A) complies with all applicable requirements of
10

the Retailers' Occupation Tax Act and collects and
11

remits all applicable federal, State, and local taxes;
12

or
13

(B) publishes a written notice on the website
14

after the sale of one or more tickets that
15

automatically informs the ticket reseller of the
16

ticket reseller's potential legal obligation to pay
17

any applicable local amusement tax in connection with
18

the reseller's sale of tickets, and discloses to law
19

enforcement or other government tax officials, without
20

subpoena, the name, city, state, telephone number,
21

e-mail address, user ID history, fraud complaints, and
22

bidding and listing history of any specifically
23

identified reseller or purchaser upon the receipt of a
24

verified request from law enforcement or other
25

government tax officials relating to a criminal
26

investigation or alleged illegal activity; and

HB3838
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LRB104 10240 SPS 20314 b
1

(8) the operator guarantees to all purchasers that it
2

will provide and in fact provides a full refund of the
3

amount paid by the purchaser (including, but not limited
4

to, all fees, regardless of how characterized) if any of
5

the following occurs:
6

(A) the ticketed event is cancelled and the
7

purchaser returns the tickets to the website operator;
8

however, reasonable delivery fees need not be refunded
9

if the previously disclosed guarantee specifies that
10

the fees will not be refunded if the event is
11

cancelled;
12

(B) the ticket received by the purchaser does not
13

allow the purchaser to enter the ticketed event for
14

reasons that may include, without limitation, that the
15

ticket is counterfeit or that the ticket has been
16

cancelled by the issuer due to non-payment, unless the
17

ticket is cancelled due to an act or omission by the
18

purchaser;
19

(C) the ticket fails to conform to its description
20

on the website; or
21

(D) the ticket seller willfully fails to send the
22

ticket or tickets to the purchaser, or the ticket
23

seller attempted to deliver the ticket or tickets to
24

the purchaser in the manner required by the website
25

operator and the purchaser failed to receive the
26

ticket or tickets.

HB3838
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LRB104 10240 SPS 20314 b
1

Nothing in this subsection (e) shall be deemed to imply
2
any limitation on ticket sales made in accordance with
3
subsections (b), (c), and (d) of this Section or any
4
limitation on sales made in accordance with Section 4.
5

(f) The provisions of subsections (b), (c), (d), and (e)
6
of this Section apply only to the resale of a ticket after the
7
initial sale of that ticket. No reseller of a ticket may refuse
8
to sell tickets to another ticket reseller solely on the basis
9
that the purchaser is a ticket reseller or ticket broker
10
authorized to resell tickets pursuant to this Act.
11

(f-5) In addition to the requirements imposed under
12
subsections (b), (c), (d), (e), and (f) of this Section,
13
ticket brokers and resellers must comply with the requirements
14
of this subsection. Before accepting any payment from a
15
purchaser, a ticket broker or reseller must disclose to the
16
purchaser in a clear, conspicuous, and readily noticeable
17
manner the following information:
18

(1) the registered name and city of the event venue;
19

(2) that the ticket broker or reseller is not the
20

event venue box office or its licensed ticket agent, but
21

is, instead, a ticket broker or reseller and that lost or
22

stolen tickets may be reissued only by ticket brokers or
23

resellers;
24

(3) whether it is registered under this Act; and
25

(4) its refund policy, name, and contact information.
26

Before selling and accepting payment for a ticket, a

HB3838
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LRB104 10240 SPS 20314 b
1
ticket broker or reseller must require the purchaser to
2
acknowledge by an affirmative act the disclosures required
3
under this subsection. The disclosures required by this
4
subsection must be made in a clear and conspicuous manner,
5
appear together, and be preceded by the heading "IMPORTANT
6
NOTICE" which must be in bold face font that is larger than the
7
font size of the required disclosures.
8

Ticket brokers and resellers must guarantee a full refund
9
of the amount paid by the purchaser, including handling and
10
delivery fees, if any of the following occurs:
11

(1) the ticket received by the purchaser does not
12

grant the purchaser admission to the event described on
13

the ticket, unless it is due to an act or omission by the
14

purchaser;
15

(2) the ticket fails to conform substantially to its
16

description as advertised; or
17

(3) the event for which the ticket has been resold is
18

cancelled and not rescheduled.
19

This subsection (f-5) does not apply to an Internet
20
auction listing service.
21

(f-10) A ticket seller, ticket reseller, and ticket broker
22
shall display the full price of a ticket, including all
23
assessed fees, to a purchaser when the price of a ticket is
24
first shown to the purchaser and shall not increase that price
25
during the transaction with the purchaser. The use of dynamic
26
pricing in the course of selling a ticket is a violation of

HB3838
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LRB104 10240 SPS 20314 b
1
this subsection. For the purposes of this subsection, "dynamic
2
pricing" means the practice of adjusting prices in real time
3
based on demand, consumer data, or other factors including,
4
but not limited to, artificial intelligence-enabled pricing
5
adjustments.
6

(g) The provisions of Public Act 89-406 are severable
7
under Section 1.31 of the Statute on Statutes.
8

(h) The provisions of this amendatory Act of the 94th
9
General Assembly are severable under Section 1.31 of the
10
Statute on Statutes.
11
(Source: P.A. 99-431, eff. 1-1-16; 100-534, eff. 9-22-17.)

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