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S4471
SENATE, No. 4471
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED JUNE 15, 2026
Sponsored by:
Senator� BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
SYNOPSIS
���� �Ticket Fairness and Transparency Act.�
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the sale and resale of tickets
and
amending and supplementing P.L.1983, c.135.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� (New section) P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill) shall be known
and may be cited as the �Ticket Fairness and Transparency Act.�
���� 2.��� (New section) The
Legislature finds and declares that hidden fees; speculative ticket sales;
automated software used to purchase tickets; artificial ticket inventory
restrictions; excessive ticket resale markups; and opaque dynamic pricing
practices have undermined consumer confidence in the New Jersey ticket
marketplace and necessitate enhanced transparency and consumer protections.� ������������
���� 3.��� Section 2 of P.L.1983,
c.135 (C.56:8-27) is amended to read as follows:
���� 2.��� No ticket broker shall
engage in or continue in the business of reselling tickets for admission to a
place of entertainment without meeting the following requirements:
���� a.���� Owning, operating or
maintaining a permanent office, branch office, bureau, agency, or other place
of business, not including a post office box, for the purpose of reselling
tickets;
���� b.��� Obtaining a certificate
of registration to resell or engage in the business of reselling tickets from
the director;
���� c.���� Listing the ticket
broker's registration number in any form of advertisement or solicitation in
which tickets are being sold for the purpose of purchase by the general public
for events in this State;
���� d.��� Maintaining records of
ticket
[
sales,
deposits and refunds
]
inventory; pricing; ticket transfers; fees; and ticket ownership verification
for a period of not less than
[
two
]
five
years from the time of any of these transactions;
���� e.���� Disclosing to the
purchaser, by means of verbal description or a map, the location of the seats
represented by the tickets;
���� f.���� Disclosing to the
purchaser the cancellation policy of that broker;
���� g.��� Disclosing that a
service charge is added by the ticket broker to the stated price on the tickets
and is included by the broker in any advertisement or promotion for an event;
���� h.��� Disclosing to the
purchaser, whenever applicable, that the ticket broker has a guarantee policy.�
If a ticket broker guarantees delivery of tickets to a purchaser and fails to
deliver the tickets, the ticket broker shall provide a full refund for the cost
of the tickets;
���� i.����
[
Disclosing to
the purchaser of tickets when he is utilizing a tentative order policy,
popularly known as a "try and get."� When a ticket broker fails to
obtain tickets on a "try and get" basis, the broker shall refund any
deposit made by a purchaser of those tickets within a reasonable time, as shall
be determined by the director;
]
(Deleted by amendment, P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill)
���� j.���� When guaranteeing
tickets in conjunction with providing a tour package, a ticket broker who fails
to provide a purchaser with those tickets shall refund fully the price of the
tour package and tickets;
[
and
]
���� k.��� Providing to a purchaser
of tickets who cancels an order a full refund for the cost of the tickets less
shipping charges, if those� tickets are returned to the broker within three
days after receipt; provided, that when tickets are purchased within seven days
of an event, a refund shall be given only if the tickets are returned within
one day of receipt; and further provided, that no refund shall be given on any
tickets purchased within six days of an event unless the ticket broker is able
to resell the tickets
; and
����
l.���� Verifying ownership
of a ticket prior to offering the ticket for resale
.
(cf: P.L.2021, c.394, s.2)
���� 4.��� Section 8 of P.L.1983,
c.135 (C.56:8-33) is amended to read as follows:
���� 8.��� a. The seller of a
ticket shall notify a ticket purchaser of the purchase price of a ticket prior
to the purchase of that ticket from that ticket seller by that purchaser.�
The
notice shall include all fees, which shall not exceed 10 percent of the face
value of a ticket, added to the price of the ticket.� No fee shall be charged
on a tax that is added during the sale of a ticket.
���� b.��� No reseller
[
other than a
registered
]
,
ticket broker
, or ticket resale website
shall resell or purchase with
the intent to resell a ticket for admission to a place of entertainment at a
maximum premium in excess of
[
20%
]
20 percent
of the ticket price
[
or
$3.00, whichever is greater, plus lawful
]
,
including any fees charged in addition to the ticket price but excluding taxes
added during the purchase of the ticket
.�
[
No
registered ticket broker shall resell or purchase with the intent to resell a
ticket for admission to a place of entertainment at a premium in excess of 50%
of the price paid to acquire the ticket, plus lawful taxes.
]
���� c.����
[
Notwithstanding
the provisions of subsection a. or b. of this section, nothing shall limit the
price for the resale or purchase of a ticket for admission to a place of
entertainment sold by any reseller other than a registered ticket broker,
provided such resale or purchase is made through an Internet web site.
]
(Deleted
by amendment, P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill)
(cf: P.L.2018, c.117, s.2)
���� 5.��� Section 9 of P.L.1983,
c.135 (C.56:8-34) is amended to read as follows:
���� 9.��� a. No person shall
resell or purchase with the intent to resell any ticket, in or on any street,
highway, driveway, sidewalk, parking area, or common area owned by a place of
entertainment in this State, or any other area adjacent to or in the vicinity of
any place of entertainment in this State as determined by the director; except
that a person may resell, in an area which may be designated by a place of
entertainment in this State, any ticket or tickets originally purchased for his
own personal or family use at no greater than the lawful price permitted under
P.L.1983, c.135 (C.56:8-26 et seq.).
���� b.��� Notwithstanding any
other provision of law, any reseller or ticket resale website shall guarantee
to each purchaser of resold tickets that the reseller or ticket resale website
will provide a full refund of the amount paid by the purchaser, including, but
not limited to, all fees, regardless of how characterized, if any of the following
occurs:
���� (1)�� the event for which that
ticket has been resold is cancelled, provided that if the event is cancelled,
then actual handling and delivery fees need not be refunded as long as that
previously disclosed guarantee specifies that those fees will not be refunded;
or
���� (2)�� the ticket received by
the purchaser does not grant the purchaser admission to the event described on
the ticket, for reasons that may include, but are not limited to, that the
ticket is counterfeit, the ticket has been cancelled by the ticket issuer due
to non-payment, or the event described on the ticket was cancelled for any
reason prior to purchase of the resold ticket, unless the ticket is cancelled
due to an act or omission by that purchaser.
���� c.
[
(1) No reseller shall employ a
tentative ticket policy whereby the reseller sells tickets that are not in the
reseller's possession at the time of sale, unless that policy is disclosed to a
ticket purchaser at the outset of the transaction.� That disclosure shall
include an approximate delivery date and the number of tickets that are
guaranteed together, including the zone or section number.� If the reseller is
unsuccessful in securing those tickets, the reseller shall refund any deposit
made by a purchaser of those tickets within 10 days after the event.�
���� (2)�� A reseller shall not
sell a ticket for the same seat to more than one person at the same time.
]
(Deleted
by amendment, P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill)
���� d.��� No person shall use or
cause to be used any means, method or technology that is designed, intended or
functions to disguise the identity of the purchaser with the purpose of
purchasing or attempting to purchase a quantity of tickets to a place of
entertainment in excess of authorized limits established by a ticket issuer.
���� e.���� No person shall use or
cause to be used software, or any other technology or device, that is designed,
intended or functions to interfere with a computer, computer network, or
computer system, or any part thereof, for the purpose of purchasing or attempting
to purchase or obtain access to a quantity of tickets to a place of
entertainment in excess of authorized limits established by a ticket issuer, or
that is designed, intended or functions to circumvent or disable any access
control systems, electronic queues, waiting periods or other sales volume
limitation systems to ensure the equitable distribution of tickets instituted
on the website of the ticket issuer.�
A ticket issuer, reseller, ticket
broker, or ticket resale website shall disclose to the general public the
methodology used to place a purchaser of a ticket in an electronic queue to
purchase a ticket, including: (1) if randomization is used; (2) if sponsors or
preferred customers receive priority access; and (3) if a presale grants
priority access.
����
f.���� A ticket issuer,
reseller, ticket broker, or ticket resale website shall not sell a ticket for
the same seat to more than one person at the same time.
����
g.��� A ticket shall not be
listed for resale by a reseller, ticket broker, or ticket resale website until
at least 24 hours after completion of the primary sale to the public.
����
h.��� No tickets shall be
sold or resold by a ticket issuer, reseller, or ticket resale website if the
ownership of the original ticket has not been verified.
����
i.���� A minimum resale
price shall not be established for tickets sold by a primary seller to a ticket
broker or reseller, or posted on a ticket resale website.
����
j.���� A ticket issuer,
ticket broker, reseller, and ticket resale website shall not advertise or
display ticket scarcity or demand indicators unless verifiable data
demonstrating scarcity or demand is available to disclose to the general
public.
(cf: P.L.2018, c.117, s.2)
���� 6.��� (New section) a.� A
ticket issuer shall disclose to the public the number of tickets that will be
offered by the issuer to the general public at least seven days prior to the
sale.
���� b.��� (1)� If there is an
additional release of tickets, the ticket issuer shall update the amount of
tickets available to sell.
���� (2)�� Any change to the amount
of tickets available to sell that increases or decreases the available amount
by five percent shall be disclosed to the general public by the ticket issuer
within 24 hours.
���� c.���� A ticket issuer shall
disclose to the general public the number of tickets held back, reserved, or
set aside by or for an organizer or a sponsor of an event, or a performer.
���� d.��� No event shall be
advertised by a ticket issuer as �sold out� if additional ticket inventories
remain reserved, held back, or are scheduled for a release at a later time,
unless the remaining tickets are to be sold or donated to a nonprofit
organization or a school, or for an auction run by a charitable organization.
���� e.���� A purchaser of tickets
shall be limited to purchasing no more than eight tickets for an event at the
time of the primary sale to the general public, unless expressly authorized to
purchase more tickets by the organizer of the event for which the tickets are
being sold.
���� f.���� A ticket issuer shall
be required to disclose the following presales and the number of tickets
allocated to each:
���� (1)�� fan clubs;
���� (2)�� credit cards;
���� (3)�� sponsors;
���� (4)�� artists; and
���� (5)�� VIPs.
���� g.��� For the purposes of this
section:
���� �Held back� means when a block
of tickets is deliberately withheld by a ticket issuer during an initial sale
of tickets.
���� �Reserved� means when a
purchaser secures a ticket by paying all costs upfront or placing a temporary
hold on the ticket before finalizing the purchase.
���� 7.��� (New section) a. A
ticket issuer may engage in dynamic pricing if:
���� (1)�� the issuer discloses to
the general public that dynamic pricing will be used during ticket sales; and
���� (2)�� the original ticket
price, the current dynamic price, and the percentage difference between the
prices is posted during an online ticket sale, including sales on mobile
phones.
���� b.��� A dynamic price shall
not exceed 20 percent of the original ticket price, including fees charged in
addition to the ticket price but excluding taxes added during the purchase of
the ticket.
���� c.���� A place of
entertainment in the State that is publicly funded shall not engage in dynamic
pricing.
���� d.��� For the purposes of this
section, �dynamic pricing� means flexible pricing in real-time that may
increase the price of a ticket based on the demand at the time of the potential
sale.
���� 8.��� (New section) If an
event is canceled, a ticket issuer shall process full refunds, including all
fees, within 30 days of the cancellation.
���� 9.��� (New section) A ticket
issuer, reseller, and ticket resale website shall maintain the following
records, if applicable, for not less than five years:
���� a.���� ticket inventory;
���� b.��� pricing;
���� c.���� ticket transfers;
���� d.��� fees;
���� e.���� dynamic pricing
adjustments; and
���� f.���� ticket ownership
verification.
���� 10.� (New section) A ticket
broker, reseller, ticket issuer, or ticket resale website shall not take any
retaliatory action against an employee of the broker, reseller, issuer, or
resale website because the employee reports a violation or alleged violation of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill).
���� 11.� (New section) a.� A
violation of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill) shall be an unlawful practice pursuant to and a violation of
P.L.1960, c.39 (C.56:8-1 et seq.).
���� b.��� Each ticket sold;
publicly listed or advertised; or transferred in violation of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) shall be considered
a separate offense.
���� c.���� (1)� An individual in
violation of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill) shall be liable to a penalty of up to $1,000 per ticket for a first
offense; up to $2,500 per ticket for a second offense; and up to $5,000 per ticket
for each subsequent offense.
���� (2)�� A business in violation
of P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill)
shall be liable to a penalty of up to $25,000 for a first offense; up to
$50,000 for a second offense; and up to $100,000 for each subsequent offense.
���� (3)�� An additional penalty of
$250,000 per occurrence may be authorized by a court of competent jurisdiction
if the court finds the conduct so egregious as to justify the penalty.
���� d.��� A purchaser of a ticket
sold in violation of P.L.��� , c.��� (C. )
(pending before the Legislature as this bill) shall be entitled to a full
refund and any additional remedies available under P.L.1960, c.39 (C.56:8-1 et
seq.).
���� e.���� A ticket issuer, ticket
broker, reseller, and ticket resale website shall be jointly liable for any
violations of P.L.��� , c.��� (C. )
(pending before the Legislature as this bill) in which parties knowingly
participated in or facilitated violations together.
���� f.���� (1) An individual or
business using automated ticket-buying software, otherwise known as a �ticket
bot,� that causes a violation of P.L.��� , c.��� (C.������� ) (pending before
the Legislature as this bill) shall:
���� (a)�� for individuals, be
liable to a civil penalty of up to $10,000 per violation; and
���� (b)�� for businesses, be
liable to a civil penalty of $100,000 per violation.
���� (2)�� An individual or
business using automated ticket-buying software that causes a second violation
of P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill)
shall be prohibited from selling or reselling tickets in the State.
���� g.��� Upon a violation or
alleged violation of P.L.��� , c.��� (C. )
(pending before the Legislature as this bill):
���� (1)�� the Attorney General
shall have the authority to:
���� (a)�� investigate and subpoena
records of the individual or business who sold or resold a ticket to a
purchaser and violated or is alleged to have violated P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill);
���� (b)�� audit the violating or
alleged violating individual or business;
���� (c)�� seek an injunction
against an individual or business committing or alleged to have committed
wrongdoing; and
���� (d)�� recommend an additional
penalty of up to $250,000 per occurrence as established pursuant to paragraph
(3) of subsection c. of this section; and
���� (2)�� the State Comptroller
shall have the same authority granted to the Attorney General in subparagraph
(a) of paragraph (1) of this subsection.
���� h.��� A county prosecutor may
pursue enforcement action against an individual or business found in violation
of P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill).
���� 12.� (New section) The
Division of Consumer Affairs, in the Department of Law and Public Safety, shall
establish an online portal to disclose and maintain the following data:
���� a.���� enforcement actions
taken and penalties imposed pursuant to section 11 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill); and
���� b.��� ticket broker
registrations and suspensions pursuant to section 6 of P.L.1983, c.135
(C.56:8-31).
���� 13.� (New section) No ticket
issuer, ticket broker, reseller, ticket resale website, or employees of such
parties shall evade the requirements of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill) through the use of subsidiaries;
affiliates; shell entities; algorithms; alternate sales channels; or other
arrangements designed to circumvent the provisions of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill).
���� 14.� (New section) Any
contractual provision purporting to waive or limit a consumer�s rights under
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill)
shall be deemed void and unenforceable.
���� 15.� (New section) A Ticket
Consumer Protection Fund shall be created within the Division of Consumer
Affairs using penalties collected pursuant to P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill) to provide consumer education and
restitution.
���� 16.� (New section) The
Division of Consumer Affairs shall submit a report annually to the Governor and
Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), with the
following findings:
���� a.���� complaints received;
���� b.��� investigations opened;
���� c.���� penalties assessed;
���� d.��� ticket broker
registrations;
���� e.���� ticket inventory
disclosures; and
���� f.���� enforcement actions
against ticket bots.�����
���� 17.� (New section) The
provisions of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill) shall apply to tickets advertised and sales or transfers made
in-person, online, through a mobile application, by telephone, or through other
means.
���� 18.� (New section) The
provisions of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill) shall be severable, and if any of its provisions shall be held to be
invalid, the remaining provisions shall be in effect.
���� 19.� The Director of Consumer
Affairs may, pursuant to the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the
provisions of P.L.��� , c.��� (C.������� ) (pending before the Legislature as this
bill).
���� 20.� This act shall take
effect on the 180th day after the date of enactment and shall apply to ticket
sales and resales made on or after the effective date.
STATEMENT
���� This bill establishes the
�Ticket Fairness and Transparency Act.�
���� Specifically, the bill amends
current law by requiring ticket brokers to verify ownership of tickets prior
offering tickets for resale.� Additionally, a seller of a ticket is to provide,
as part of the notice to purchasers regarding price, all fees, which cannot
exceed 10 percent of the face value of the ticket.� A fee is also prohibited
from being charged on a tax adding during the sale of a ticket.� Tickets cannot
be resold by a ticket broker, reseller, or ticket resale website in excess of
20 percent of the ticket price, including fees charged to the purchaser but
excluding any taxes added during the sale.� The bill also removes the ability for
a ticket broker to employ a tentative order policy, popularly known as a
�try-and-get,� and for a reseller to employ a tentative ticket policy.�
���� Under the bill, ticket
issuers, resellers, ticket brokers, and ticket resale websites are required to
disclose to the general public the methodology used to place a purchaser of a
ticket in an electronic queue.� The parties are also prohibited from selling
more than one ticket for the same seat and from reselling a ticket if the
ownership of the ticket is not verified. Tickets for resale to an event may not
be listed by a ticket broker, reseller, or ticket resale website until 24 hours
after completion of a primary sale.� The bill prohibits the establishment of a
minimum resale price for tickets sold by a ticket issuer to a ticket broker or
reseller, or posted on a ticket resale website.� Moreover, ticket brokers,
resellers, and ticket resale websites cannot advertise or display ticket
scarcity or demand indicators unless verifiable data demonstrating scarcity or
demand is available to disclose to the general public.
���� The bill requires various
disclosures by ticket issuers.� The disclosures include: 1) the number of
tickets to be offered for an event at least seven days in advance of the sale
and, if there is an additional release of tickets, the number of tickets
available after the release; 2) various types of presales including fan clubs,
sponsors, and VIPs; and 3) the number of tickets to be held back, reserved, or
released for a later time.� The bill also prohibits: 1) a ticket issuer from
advertising an event as �sold out� if additional ticket inventories remain
reserved, held back, or are to be released at a later time and 2) a purchaser
of tickets from purchasing more than eight tickets for an event unless
otherwise authorized to purchase more.�
���� Under the bill, ticket issuers
may use dynamic pricing if the issuer discloses to the general public that dynamic
pricing will be used.� �Dynamic pricing� is defined in the bill to mean
flexible pricing in real-time that may increase the price of a ticket based on
the demand at the time of the potential sale.� When dynamic pricing is used, a
ticket issuer is required to show the original price, the dynamic price, and
the percentage difference between the prices.� A dynamic price is to not exceed
20 percent, including fees charged to the purchaser but excluding any taxes
added during the sale.� A place of entertainment in the State that is publicly
funded is to not engage in dynamic pricing.
���� Additionally, the bill
requires ticket issuers, resellers, ticket brokers, and ticket resale websites
to maintain records for five years on, if applicable: 1) ticket inventory; 2)
pricing; 3) ticket transfers; 4) fees; 5) dynamic pricing adjustments; and 6)
ticket ownership verification.� Ticket issuers, resellers, ticket brokers, and
ticket resale websites are prohibited from using subsidiaries; affiliates;
shell entities; algorithms; and other sources to evade the requirements of the
bill.� Moreover, employees of any of these parties are granted protection from
retaliatory actions if the employee reports a violation or alleged violation of
the bill.
���� �The bill establishes various
penalties for violations of its provisions.� A violation is deemed an unlawful
practice pursuant to a violation of the consumer fraud act.� Each ticket sold,
publicly listed, advertised, or transferred in violation of the bill is a
separate offense for purposes of the penalties in the bill.� For a first
offense, an individual is liable to a penalty of up to $1,000 and a business is
liable to a penalty of up to $25,000.� An additional penalty of $250,000 per
occurrence may be recommended by the Attorney General and imposed by a court of
competent jurisdiction for egregious conduct.� The use of a �ticket bot� to
violate a provision of the bill makes an individual liable to a civil penalty
of up to $10,000 per violation and a business liable to a civil penalty of up
to $100,000 per violation.� The Attorney General is authorized to investigate
and subpoena records of individuals and businesses who violated or are alleged
to have violated the bill, as is the State Comptroller.�
���� The Division of Consumer
Affairs, in the Department of Law and Public Safety, is to establish an online
portal to disclose and maintain data on: 1) enforcement actions taken and
penalties imposed; and 2) ticket broker registrations and suspensions.� The bill
also establishes a Ticket Consumer Protection Fund within the division to be
funded by penalties collected for violations of the bill, which is to be used
to education consumers and provide restitution.�
���� The bill also stipulates that:
1) its provisions apply to tickets advertised and sales or transfers made
in-person, online, through a mobile application, by telephone, or through other
means; 2) any contractual provision purporting to waive or limit a consumer�s
rights granted under the bill are to be deemed void and unenforceable; and 3)
if provisions of the bill are deemed invalid, the remaining provisions remain
in effect.� Lastly, a report is to be issued annually by the Division of
Consumer Affairs to the Governor and Legislature.� The findings are to include
information on, among other items, complaints received; penalties assessed; and
ticket broker registrations.