Ticket resale disclosure and price regulation

A bill for an act

relating to consumer protection; regulating ticket resale disclosures and price;

requiring reports; amending Minnesota Statutes 2024, section 325F.676,

subdivisions 1, 2, by adding subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 325F.676, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have

the meanings given.

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(b) "Broadway show" or "Broadway touring engagement" means a live theatrical

production presented by a professional producing organization under a limited-run

engagement agreement that includes variable or market-based ticket pricing established by

the producing organization or place of entertainment.

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(b)
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(c)
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"Commissioner" means the commissioner of commerce.

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(c)
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(d)
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"Entertainment" means all forms of entertainment, including but not limited to

theatrical or operatic performances, concerts, motion pictures, entertainment at fairgrounds,

amusement parks, athletic competitions and other sports, and all other forms of diversion,

recreation, or show.

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(d)
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(e)
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"Internet domain name" means a globally unique, hierarchical reference to an

Internet host or service, which is assigned through a centralized Internet naming authority

and which is composed of a series of character strings separated by periods with the rightmost

string specifying the top of the hierarchy.

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(e)
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(f)
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"Online ticket marketplace" means the administrator of a website or other electronic

service, including an agent, employee, or assignee of the administrator, that sells tickets or

maintains a platform to facilitate the sale of tickets.

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(f)
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(g)
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"Operator" means a person, including an agent, employee, or assignee of the

person, who:

(1) owns, operates, or controls a place of entertainment;

(2) produces entertainment; or

(3) sells a ticket to a place of entertainment for original sale.

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(g)
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(h)
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"Person" means a party, individual, partnership, association, corporation, or other

legal entity.

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(h)
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(i)
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"Place of entertainment" means an entertainment facility, including but not limited

to an amphitheater, theater, stadium, arena, racetrack, museum, amusement park, venue,

club, or other place where performances, concerts, exhibits, athletic games, contests, or

other forms of entertainment are held. For the purposes of this section, place of entertainment

does not include movie theaters.

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(i)
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(j)
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"Ticket reseller" means a person that offers or sells tickets for resale after the

original sale to an entertainment event located in this state and includes an operator to the

extent that the operator offers or sells tickets for resale. Sales by a ticket reseller include

sales by any means, including but not limited to in person or by telephone, mail, delivery

service, facsimile, Internet, email, or other electronic means. A ticket reseller does not

include a person that purchases a ticket solely for the person's own use or the use of the

person's invitees, employees, or agents.

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(j)
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(k)
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"URL" means a uniform resource locator for a website on the Internet.

Sec. 2.

Minnesota Statutes 2024, section 325F.676, subdivision 2, is amended to read:

Subd. 2.

Disclosures.

(a) An operator, ticket reseller, or online ticket marketplace must,

at all times during the ticket listing and purchasing process, disclose in an easily readable

and conspicuous manner and in dollars:

(1) the total cost of the ticket, inclusive of all fees and surcharges that must be paid in

order to purchase the ticket;

(2) the portion of the ticket price that represents a service charge; and

(3) any other fee or surcharge charged to the purchaser.

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(b) A ticket reseller and online ticket marketplace must at all times during the ticket

listing and purchasing process disclose in an easily readable and conspicuous manner and

in dollars:

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(1) the ticket's original purchase price, inclusive of all fees and surcharges; and

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(2) the percentage markup above the ticket's original purchase price, inclusive of all fees

and surcharges.

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(b)
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(c)
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The disclosure of subtotals, fees, charges, and all other components of the total

price must not be false or misleading, and must not be presented more prominently or in

the same or larger size than the total price. The disclosure of subtotals, fees, charges, and

all other components of the total price may be displayed in a manner that allows the purchaser

to hide or minimize the itemized list. The price of a ticket must not increase with respect

to a particular person after the ticket is first displayed to the person, excluding reasonable

fees for the delivery of nonelectronic tickets based on the delivery method selected by the

purchaser and any additional purchases made by the purchaser, which must be disclosed

prior to accepting payment.

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(c)
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(d)
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A ticket reseller and online ticket marketplace must disclose in an easily readable

and conspicuous manner on the ticket reseller's or online ticket marketplace's website or

electronic service:

(1) that the website or electronic service is owned or operated by a ticket reseller or

online ticket marketplace and that the price of a resale ticket offered for sale may be higher

or lower than the original purchase price;

(2) that the purchaser is responsible for checking with the place of entertainment for

information on changes to the event or cancellations prior to the event's start time; and

(3) the refund policy of the ticket reseller or online ticket marketplace.

A ticket reseller or online ticket marketplace must require a purchaser to confirm having

read the disclosures required by this paragraph before completing a transaction.

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(d)
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(e)
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A ticket reseller or online ticket marketplace must provide to the purchaser proof

of purchase, which must include all event and ticket information, within 24 hours of the

purchase, including:

(1) that the purchaser is responsible for checking with the place of entertainment for

information on changes to the event or cancellations prior to the event's start time; and

(2) the refund policy of the ticket reseller or online ticket marketplace.

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(e)
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(f)
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An online ticket marketplace must not use any combination of text, images,

trademark, copyright, web designs, or Internet addresses that is identical or substantially

similar to text, images, trademark, copyright, web designs, or Internet addresses associated

with a place of entertainment without the written permission of the place of entertainment

duly authorized to provide the permission. This paragraph does not prohibit an online ticket

marketplace from using text containing the name of a place of entertainment or of an event

in order to describe the location of the event or the event itself. This paragraph does not

prohibit an online ticket marketplace from providing information or images identifying the

specific seat or area the purchaser will occupy in the place of entertainment.

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(f)
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(g)
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The obligations of paragraphs (a) to
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(d)
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(e)
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do not apply to any person, unless the

person engaged in annual aggregate transactions that were equal to or greater than $5,000.

Sec. 3.

Minnesota Statutes 2024, section 325F.676, is amended by adding a subdivision

to read:

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Subd. 3a.

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Price limitation; exception.

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(a) A ticket reseller or online ticket marketplace

is prohibited from reselling a ticket for more than 115 percent of the ticket's original purchase

price, inclusive of all fees and surcharges.

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(b) Paragraph (a) does not apply to a:

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(1) professional or collegiate sporting event; or

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(2) Broadway show or Broadway touring engagement.

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Sec. 4.

Minnesota Statutes 2024, section 325F.676, is amended by adding a subdivision

to read:

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Subd. 6.

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Private right of action.

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(a) A person injured by a violation of this section has

a private right of action. The court must award:

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(1) actual, incidental, and consequential damages;

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(2) statutory damages of not less than $500 per violation;

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(3) costs, disbursements, and reasonable attorney fees; and

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(4) injunctive relief.

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(b) Remedies under this subdivision are cumulative and do not limit remedies available

under other law.

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Sec. 5.
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REPORT.
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By January 15, 2028, the commissioner of commerce, in consultation with the attorney

general, must submit a report to the chairs and ranking minority members of the legislative

committees with jurisdiction over consumer protection summarizing enforcement activity

under Minnesota Statutes, section 325F.676. The report must be prepared using existing

resources.

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