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- 83rd Session (2025)
Senate Bill No. 338 –Senators Pazina, Flores, Doñate, Cruz -
Crawford; Cannizzaro, Daly, Dondero Loop, Lange,
Nguyen, Ohrenschall and Taylor
CHAPTER..........
AN ACT relating to trade practices; revising provisions relating to
the sale of tickets for certain live entertainment events;
requiring providers of live entertainment ticket s to clearly
and conspicuously disclose certain information relating to
pricing; prohibiting providers of live entertainment tickets
from misrepresenting certain information relating to pricing;
requiring providers of live entertainment tickets to issue
refunds in certain circumstances; providing penalties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
On January 10, 2025, The Federal Trade Commission published a final trade
regulation rule in the Federal Register ent itled “Rule on Unfair or Deceptive Fees”
(“the Rule”). (90 Fed. Reg. 2066 (Jan. 10, 2025)) The Rule, which will take effect
on May 12, 2025, prohibits a business that sells or offers live -event tickets from
offering, displaying or advertising the price of a live -event ticket without clearly
and conspicuously disclosing the maximum total price that a consumer must pay
for the live-event ticket, inclusive of all fees or charges that the consumer must pay
for any mandatory good or service sold as part of the p urchase of the ticket. The
seller of live -event tickets is authorized to exclude from the total price required to
be disclosed for the live -event ticket any governmental charges, shipping charges
and charges for optional goods or services that the consumer may purchase as a part
of the same transaction. (16 C.F.R. § 464.1, 464.2; 90 Fed. Reg. 2066, 2166 -67
(Jan. 10, 2025)) The Rule prescribes particular means by which a disclosure must
be “clearly and conspicuously” made to a consumer. (16 C.F.R. § 464.1; 9 0 Fed.
Reg. 2066, 2167 (Jan. 10, 2025)) Additionally, the Rule prohibits a seller of live -
event tickets from misrepresenting any fee or charge. (16 C.F.R. § 464.3; 90 Fed.
Reg. 2066, 2167 (Jan. 10, 2025)) Finally, the Rule provides that state law or
regulation may provide consumers with protection that is greater than, or at least
not inconsistent with, the protections for consumers prescribed by the Rule. (16
C.F.R. § 464.4; 90 Fed. Reg. 2066, 2167 (Jan. 10, 2025))
Existing state law prohibits a reseller, a secondary ticket exchange or an
affiliate of a reseller or secondary ticket exchange from reselling a ticket for a live
entertainment event without disclosing to the purchaser the total amount that the
purchaser will be charged for the ticket. (NRS 598. 39795) Section 12 of this bill
repeals this provision. Instead, section 4 of this bill prescribes certain requirements
for businesses that sell tickets to live entertainment events, which are equivalent to
the requirements established in the Rule. Specific ally, section 4 prohibits a ticket
provider from offering, displaying or advertising any price of a ticket for a live
entertainment event unless the ticket provider clearly and conspicuously discloses
the total price of the ticket. Section 4 also requires certain information to be clearly
and conspicuously disclosed to a consumer before the consumer agrees to purchase
a ticket from the ticket provider. Section 4 prescribes certain means by which a
ticket provider must clearly and conspicuously make such dis closures to
consumers, which are identical to those means prescribed in the Rule. Section 4
also prohibits a ticket provider from misrepresenting any fee or charge.
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Section 5 of this bill requires , with certain exceptions, a ticket provider to
provide a refund of the full amount a purchaser paid to the ticket provider for a
ticket to a live entertainment event, including all applicable fees and governmental
charges, if the event to which the ticket pertains is cancelled. Section 5 requires
that the refund be provided to the purchaser not more than 30 days after the sponsor
of the event notifies the public that the live entertainment event is cancelled.
Existing law prohibits certain other practices and acts relating to the sale and
resale of tickets for live entertainment events. (NRS 598.397 -598.3984) Existing
law entitles a person who is injured by a violation of such provisions to bring a civil
action against the reseller, secondary ticket exchange or affiliate of the res eller or
secondary ticket exchange that committed the violation. Section 9 of this bill
clarifies that this remedy does not extend to violations of section 4 or 5 . Section 8
of this bill requires the Bureau of Consumer Protection in the Office of the
Attorney General to accept reports of violations of sections 4 and 5 using the
mechanisms by which the Bureau receives reports of violations of other provisions
relating to the sale and resale of tickets for live entertainment events. (NRS
598.3981) Sections 10 and 11 of this bill provide that a willful violation of section
4 or 5 is punishable by certain criminal penalties, which are currently applicable to
willful violations of other provisions relating to the sale or resale of tickets for live
entertainment events. (NRS 598.3983, 598.3984)
Existing law defines various activities involving businesses and occupations
that constitute deceptive trade practices. (NRS 598.0915 -598.0925) If a person
engages in a deceptive trade practice, the person may be subject to the imposition
of certain restraints by injunction and civil and criminal penalties. (NRS 598.0979,
598.0985, 598.0999) Existing law makes a knowing violation of provisions relating
to the sale and resale of tickets for live entertainment events a decepti ve trade
practice. (NRS 598.09223) Section 6 of this bill makes a knowing violation of
section 4 or 5 a deceptive trade practice, thereby subjecting a violator of those
sections to additional civil and criminal penalties.
Sections 2 and 3 of this bill def ine certain terms, and section 7 of this bill
establishes the applicability of those definitions.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 5, inclusive, of this
act.
Sec. 2. “Governmental charges” means any taxes, fees or
charges that the Federal Government or this State, or any agency
or political subdivision thereof, or a tribal government imposes on
or requires to be collected in connection with the sale of a ticket or
a transaction involving the sale of a ticket.
Sec. 3. “Ticket provider” means a natural person,
proprietorship, corporation, partnership, trust, unincorporated
organization or other enterprise that is engaged in the business of
selling tickets, reselling tickets or offering tickets for sale,
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including, without limitation, a primary ticket provider, reseller or
secondary ticket exchange.
Sec. 4. 1. A ticket provider shall not offer, display or
advertise any price of a ticket without clearly and conspicuously
disclosing the total price of the ticket. A ticket provider may
exclude from the total price:
(a) Governmental charges;
(b) Shipping charges; and
(c) Fees and charges for optional ancillary goods or services.
2. A ticket provider shall clearly and conspicuously disclose
to a consumer, before the consumer agrees to purchase a ticket:
(a) The nature, purpose and amount of any fee or charge that
has been excluded from the total price of the ticket and the identity
of the good or service for which the fee or charge is imposed; and
(b) The final amount of payment for the transaction.
3. A ticket provider shall display the total price of the ticket
more prominently than any other information relating to the price
of the ticket. Where the final amount of payment for the
transaction for the ticket is displayed, the final amount of payment
must be disclosed more prominently than, or as prominently as,
the total price.
4. For the purposes of subsections 1 and 2, a ticket provider
makes a clear and conspicuous disclosure if the disclo sure is
easily noticeable and understandable by an ordinary consumer,
and:
(a) The disclosure uses clear and comprehensible language,
diction and syntax that is easily understandable to an ordinary
consumer or, if the communication containing the disclosu re is
specifically targeted at a specific subset of consumers, including,
without limitation, children or seniors, the disclosure uses clear
and comprehensible language, diction and syntax that is easily
understandable to consumers in that subset of consumers.
(b) The disclosure is not contradicted or mitigated by, or
inconsistent with, anything else contained within the
communication containing the disclosure.
(c) The disclosure, if displayed visually, stands out from any
accompanying text or other visua l elements by its size, contrast,
location, the length of time it appears and other characteristics, so
that it is easily noticed, read and understood.
(d) If the disclosure is made through audible means,
including, without limitation, by telephone or str eaming video, the
disclosure is delivered in a volume, speed and cadence that would
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allow an ordinary consumer to easily hear and understand the
disclosure.
(e) If the communication requiring the disclosure is displayed
using an interactive electronic med ium, including, without
limitation, an Internet web browser or mobile application, the
disclosure is unavoidable.
(f) If the communication requiring the disclosure is made
through solely audible or solely visual means, the disclosure is
made through the same means as the whole communication.
(g) If the communication requiring the disclosure is made
through both visual and audible means, including, without
limitation, through a television advertisement, the communication
is presented simultaneously in both the visual and audible portion
of the communication, even if the representation requiring the
disclosure is made in only one means.
(h) The disclosure complies with all of the requirements of this
subsection in each medium through which it is received,
including, without limitation, all electronic devices and face -to-
face communications.
5. A ticket provider shall not misrepresent any fee or charge,
including, without limitation, misrepresenting:
(a) The nature, purpose or refundability of any fee or c harge;
or
(b) The identity of any good or service for which the fee or
charge is imposed.
6. As used in this section:
(a) “Ancillary good or service” means any additional good or
service offered to a consumer as part of a transaction for the
purchase of a ticket.
(b) “Shipping charges” means the fees or charges that
reasonably reflect the amount that a ticket provider incurs to
deliver or send a physical ticket to a consumer.
(c) “Total price” means the maximum total of all fees or
charges that a cons umer must pay to complete a transaction to
purchase a ticket, including, without limitation, a fee or charge for
any mandatory ancillary good or service.
Sec. 5. 1. Except as otherwise provided in subsection 2, a
ticket provider that sells a ticket to a purchaser shall provide the
purchaser with a refund of the full amount that the purchaser
paid the ticket provider for the ticket, inclusive of all fees and
governmental charges, if the athletic contest or live entertainment
event to which the ticket pertains is cancelled. A ticket provider
must provide a refund required pursuant to this subsection not
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more than 30 days after the rights holder or sponsor of the athletic
contest or live entertainment event, as applicable, noti fies the
public that the athletic contest or live entertainment event to which
the ticket pertains is cancelled.
2. A ticket provider is not required to provide a refund
pursuant to subsection 1 if, in the discretion of the ticket provider:
(a) The athletic contest or live entertainment event for which
the ticket provider sold a ticket is cancelled because of:
(1) A major catastrophe or other event for which a state of
emergency or declaration of disaster is proclaimed pursuant to
NRS 414.070;
(2) An extraordinary event or circumstance that could not
have been foreseen by and is beyond the control of the ticket
provider; or
(3) Any other issue or event in the nature of force majeure;
or
(b) For an athletic contest or live entertainment event
scheduled to occur outdoors or within an open air venue,
including, without limitation, a music or cultural festival that
takes place over several days, the rights holder provides in the
terms and conditions of the live event ticket sold by the ticket
provider that the athletic contest or live entertainment event will
occur notwithstanding inclement weather conditions, other than
extreme or dangerous weather conditions and, because of such
extreme or dangerous weather conditions, the live entertainment
or athletic event, or a portion thereof, is cancelled.
Sec. 6. NRS 598.09223 is hereby amended to read as follows:
598.09223 A person engages in a “deceptive trade practice”
when, in the course of his or her business or occupat ion, he or she
knowingly violates a provision of NRS 598.397 to 598.3984,
inclusive [.] , and sections 2 to 5, inclusive, of this act.
Sec. 7. NRS 598.397 is hereby amended to read as follows:
598.397 As used in NRS 598.397 to 598.3984, inclusive, and
sections 2 to 5, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in NRS 598.3971 to
598.3977, inclusive, and sections 2 and 3 of this act have the
meanings ascribed to them in those sections.
Sec. 8. NRS 598.3981 is hereby amended to read as follows:
598.3981 1. The Bureau of Consumer Protection in the
Office of the Attorney General shall establish a toll -free statewide
hotline and an Internet website by which a person may file a
complaint relating to a suspected violation of NRS 598.397 to
598.3984, inclusive, and sections 2 to 5, inclusive, of this act and
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obtain information and directions regarding the preferred method for
filing such a complaint.
2. Any form made available by the Bureau of Consumer
Protection for receiving complaints relating to a suspected violation
of NRS 598.397 to 598.3984, inclusive, and sections 2 to 5,
inclusive, of this act must be designed specifica lly for receiving
such complaints.
Sec. 9. NRS 598.3982 is hereby amended to read as follows:
598.3982 1. A person injured by a violation of any provision
of NRS 598.397 to 598.3984, inclusive, other than sections 2 to 5,
inclusive, of this act , may bring a civil action against a reseller, a
secondary ticket exchange or any affiliate of a reseller or secondary
ticket exchange who committed the violation in a district court in
any county:
(a) In which the cause therefor accrued;
(b) In which the defendant resides or may be found;
(c) In which the plaintiff resides; or
(d) In which an athletic contest or live entertainment event to
which the ticket pertains occurred or will occur, if the violation
relates to the sale, purchase or advertisement of a ticket.
2. If the person bringing the action is the prevailing party, the
court shall award that person:
(a) Declaratory and injunctive relief.
(b) For the first violation, $1,000 or actual damages, whichever
is greater.
(c) For the second violation, $2,500, treble the amount of actual
damages and reasonable attorney’s fees and costs, if any.
(d) For the third and all subsequent violations, $5,000, treble the
amount of actual damages, reasonable attorney’s fees and costs, if
any, and punitive damages, which are subject to the provisions of
NRS 42.005.
3. An action may not be brought pursuant to this section
against a natural person employed by a reseller, a secondary ticket
exchange or any affiliate of a reseller or secondary ticket exchange.
Sec. 10. NRS 598.3983 is hereby amended to read as follows:
598.3983 Unless a greater penalty is provided in NRS
598.0999 or 598.3984, a person who knowingly violates the
provisions of NRS 598.397 to 598.3984, inclusive, and sections 2 to
5, inclusive, of this act is guilty of a misdemeanor.
Sec. 11. NRS 598.3984 is hereby amended to read as follows:
598.3984 1. A person who willfully and knowingly violates
the provisions of NRS 598.397 to 598.3984, inclusive, and sections
2 to 5, inclusive, of this act relating to the sale of a ticket to an
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entertainment facility which is operated by a governmental entity or
a public-private partnership is guilty of a gross misdemeanor.
2. As used in this section:
(a) “Governmental entity” means:
(1) The government of this State;
(2) An agency of the government of this State;
(3) A political subdivision of this State; and
(4) An agency of a political subdivision of this State.
(b) “Public-private partnership” means a contract entered into by
a person and a governmental entity for the support of an
entertainment facility.
Sec. 12. NRS 598.39795 is hereby repealed.
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