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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0446*
SENATE BILL 446
I3 6lr1655
By: Senator Gile
Introduced and read first time: February 2, 2026
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Consumer Protection – Sale and Resale of Tickets – Disclosure of Tax 2
Information and Action for Damages 3
FOR the purpose of repealing the requirement to include taxes in the total price for a ticket 4
on a certain listing and at each step of the ticket purchase transaction; authorizing 5
certain persons to bring an action against a ticket issuer, secondary ticket exchange, 6
or reseller for a certain violation; authorizing a court to award economic and punitive 7
damages subject to certain limitations; and generally relating to the sale and resale 8
of tickets. 9
BY repealing and reenacting, with amendments, 10
Article – Commercial Law 11
Section 13–310.1 12
Annotated Code of Maryland 13
(2025 Replacement Volume) 14
BY repealing and reenacting, without amendments, 15
Article – Commercial Law 16
Section 13–408 17
Annotated Code of Maryland 18
(2025 Replacement Volume) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Commercial Law 22
13–310.1. 23
(a) (1) In this section the following words have the meanings indicated. 24
2 SENATE BILL 446
(2) (i) “Resale” means the second or subsequent sale of a ticket. 1
(ii) “Resale” includes a sale by any means, including in person, by 2
telephone, by mail, by e–mail, by facsimile, or through a website or other electronic means. 3
(3) “Reseller” means a person engaged in the resale of tickets. 4
(4) “Secondary ticket exchange” means an electronic marketplace that 5
enables a person to sell, purchase, and resell tickets. 6
(5) (i) “Speculative ticket” means a ticket that is not in the actual or 7
constructive possession of a reseller at the time of sale, advertisement, or listing. 8
(ii) “Speculative ticket” includes a ticket sold by a reseller that, at 9
the time of resale: 10
1. Is not in the physical possession of the reseller; 11
2. Is not owned by the reseller; or 12
3. Is not under contract to be transferred to the reseller. 13
(6) “Ticket” means physical, electronic, or other evidence, that grants the 14
possessor of the evid ence license to enter a place of entertainment for one or more events 15
at a specified date and time. 16
(7) (i) “Ticket issuer” means a person that, directly or indirectly, issues 17
initial tickets for an entertainment event. 18
(ii) “Ticket issuer” includes: 19
1. A musician or musical group; 20
2. An operator of a venue; 21
3. A sponsor or a promoter of an entertainment event; 22
4. A sports team participating in an entertainment event; 23
5. A sports league whose teams are participating in an 24
entertainment event; 25
6. A theater company; 26
7. A marketplace operated for consumers to make an initial 27
purchase of tickets; or 28
SENATE BILL 446 3
8. An agent of any of the persons listed in items 1 through 7 1
of this subparagraph. 2
(b) (1) This subsection applies only to secondary ticket exchanges, ticket 3
issuers, and resellers. 4
(2) The listing for a ticket and each step of a transaction to purchase a 5
ticket shall: 6
(i) Clearly and conspicuously disclose the total price of the ticket, 7
including all fees [and taxes] other than shipping costs that are not determinable at a step 8
in the transaction; 9
(ii) Provide an itemized listing of all charges that comprise the total 10
price of the ticket, including all fees [and taxes]; and 11
(iii) Identify the seat number and zone or section of the ticket, to the 12
extent applicable to the seat and venue. 13
(3) (i) The total price of a ticket under paragraph (2)(i) of this 14
subsection may be increased in a noninitial step of a transaction by the amount of 15
reasonable shipping costs for physically delivered tickets. 16
(ii) The shipping costs allowed under subparagraph (i) of this 17
paragraph may vary with the purchaser’s location relative to the shipment’s location of 18
origin and the delivery method selected by the purchaser. 19
(iii) The total price of the ticket, including all fees [, taxes, ] and 20
shipping costs, shall be clearly and conspicuously disclosed prior to final purchase of the 21
ticket. 22
(c) A reseller may not sell or offer to sell speculative tickets. 23
(d) A secondary ticket exchange may not provide a marketplace for the sale or 24
resale of a ticket that violates this section. 25
(e) A ticket issuer, secondary ticket exchange, or reseller who directly engages in 26
a sales transaction with a purchaser for the purchase of a ticket shall provide the purchaser 27
with a full refund of the total amount paid, including the price of the ticket and any fees 28
and taxes, if: 29
(1) The ticket purchased is counterfeit; 30
(2) The event for which the ticket is purchased is canceled; or 31
(3) The ticket fails to conform to the description as advertised or 32
represented to the purchaser by the seller. 33
4 SENATE BILL 446
(F) (1) IN ADDITION TO ANY OTHER ACTION AUTHORIZED BY THIS TITLE 1
OR OTHERWISE AUTHORIZED BY LAW, A CONSUMER, AN ARTIST, OR A VENUE THAT 2
HAS BEEN DIRECTLY AGGRIEVED BY A VIOLATION OF THIS SECTION MAY BRING AN 3
ACTION UNDER § 13–408 OF THIS TITLE AGAINST THE TICKET ISSUER, SECONDARY 4
TICKET EXCHANGE, OR RESELLER THAT VIOLATED THIS SECTION. 5
(2) IF A PERSON PREVAILS IN AN ACTIO N FOR A VIOLATION OF THIS 6
SECTION, THE COURT MAY, IN ADDITION TO ANY RELIEF STATED UNDER § 13–408 OF 7
THIS TITLE, AWARD ECONOMIC AND PUNITIVE DAMAGES AS FOLLOWS: 8
(I) FOR A FIRST VIOLATION BY A TICKET ISSUER, SECONDARY 9
TICKET EXCHANGE, OR RESELLER, TOTAL DAMAGES NOT EXCEEDING $10,000; AND 10
(II) FOR A SECOND OR SUBSEQUENT VIOLATION BY THE SAME 11
TICKET ISSUER, SECONDARY TICKET EXC HANGE, OR RESELLER, TOTAL DAMAGES 12
NOT EXCEEDING $25,000 FOR EACH VIOLATION. 13
13–408. 14
(a) In addition to any action by the Division or Attorney General authorized by 15
this title and any other action otherwise authorized by law, any person may bring an action 16
to recover for injury or loss sustained by him as the result of a practice prohibited by this 17
title. 18
(b) Any person who brings an action to recover for injury or loss under this section 19
and who is awarded damages may also seek, and the court may award, reasonable 20
attorney’s fees. 21
(c) If it appears to the satisfaction of the court, at any time, that an action is 22
brought in bad faith or is of a frivolous nature, the court may order the offending party to 23
pay to the other party reasonable attorney’s fees. 24
(d) Notwithstanding any other provision of this section, a person may not bring 25
an action under this section to recover for injuries sustained as a result of the professional 26
services provided by a health care provider, as defined in § 3–2A–01 of the Courts Article. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2026. 29