SB 3678 — TICKET SALES-DISCLOSURES

*LRB10338700SPS68837b* SB3678 103RDEngrossed GENERALLRB103 ASSEMBLY38700 StateSPS of68837 Illinoisb andAN 2024ACT SB3678concerning Introducedbusiness. 2/9/2024, by Sen.

Steve Stadelman SYNOPSIS AS INTRODUCED:

ILCS 414/1.5 was 720 ILCS 375/1.5 Amends the Ticket Sale and Resale Act.

Provides that a person or entity that does not have actual or constructive possession of an event ticket unless specified conditions are satisfied.

A ticket issuer, ticket broker, or ticket reseller shall not offer for sale an event ticket unless the ticket issuer, ticket broker, or ticket reseller makes specified disclosures.

Sets forth provisions concerning refunds, if an event is cancelled or postponed, and advertisements.

Defines terms.

LRB103 38700 SPS 68837 b A BILL FOR SB3678 LRB103 38700 SPS 68837 b AN ACT concerning business.

The Ticket Sale and Resale Act is amended by changing SectionSections 1.5 and 2 as follows:

(1) The ticket broker is duly registered with the SB3678 Engrossed - 2 - LRB103 38700 SPS 68837 b Office of the Secretary of State on a registration form provided by that Office.

SB3678 Engrossed - 3 - LRB103 38700 SPS 68837 b (a-1) consumer protection guidelines;

Alternatively, the ticket broker may fulfill the requirements of subparagraph (F) of this paragraph (1) if the ticket broker certifies that he or she belongs to a professional association organized under the laws of this State, or organized under the laws of any other state and authorized to conduct business in Illinois, that has been in existence for at least 3 years prior to the date of that broker's registration with the Office of the Secretary of State, and is specifically dedicated, for and on behalf of SB3678 Engrossed - 4 - LRB103 38700 SPS 68837 b its members, to provide and maintain the consumer protection requirements of subparagraph (F) of this paragraph (1) to maintain the integrity of the ticket brokerage industry.

(c) This Act does not apply to the sale of tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind for a SB3678 Engrossed - 5 - LRB103 38700 SPS 68837 b price in excess of the printed box office ticket price by a reseller engaged in interstate or intrastate commerce on an Internet auction listing service duly registered with the Office of the Secretary of State on a registration form provided by that Office.

(B) a standard refund policy that guarantees to all purchasers that it will provide and in fact SB3678 Engrossed - 6 - LRB103 38700 SPS 68837 b provides a full refund of the amount paid by the purchaser (including, but not limited to, all fees, regardless of how characterized) if the following occurs:

or (iv) the ticket seller willfully fails to send the ticket or tickets to the purchaser, or the ticket seller attempted to deliver the ticket or tickets to the purchaser in the manner required by the Internet auction listing service and the SB3678 Engrossed - 7 - LRB103 38700 SPS 68837 b purchaser failed to receive the ticket or tickets;

or (B) publishes a written notice on the website after the sale of one or more tickets that automatically informs the ticket reseller of the ticket reseller's potential legal obligation to pay any applicable local amusement tax in connection with the reseller's sale of tickets, and discloses to law enforcement or other government tax officials, without subpoena, the name, city, state, telephone number, e-mail address, user ID history, fraud complaints, and bidding and listing history of any specifically identified reseller or purchaser upon the receipt of a SB3678 Engrossed - 8 - LRB103 38700 SPS 68837 b verified request from law enforcement or other government tax officials relating to a criminal investigation or alleged illegal activity;

SB3678 Engrossed - 9 - LRB103 38700 SPS 68837 b (1) the operator has a business presence and physical street address in the State of Illinois and clearly and conspicuously posts that address on the website;

SB3678 Engrossed - 10 - LRB103 38700 SPS 68837 b (6) the operator has adopted an independent and disinterested dispute resolution procedure that allows resellers or purchasers to file complaints against the other and have those complaints mediated or resolved by a third party, and requires the resellers or purchasers to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois;

and SB3678 Engrossed - 11 - LRB103 38700 SPS 68837 b (8) the operator guarantees to all purchasers that it will provide and in fact provides 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:

SB3678 Engrossed - 12 - LRB103 38700 SPS 68837 b Nothing in this subsection (e) shall be deemed to imply any limitation on ticket sales made in accordance with subsections (b), (c), and (d) of this Section or any limitation on sales made in accordance with Section 4.

Before selling and accepting payment for a ticket, a SB3678 Engrossed - 13 - LRB103 38700 SPS 68837 b ticket broker or reseller must require the purchaser to acknowledge by an affirmative act the disclosures required under this subsection.

Nothing in this subsection shall prohibit any person or entity from offering a service to a consumer to obtain an event ticket on behalf of the consumer, if the person or entity complies SB3678 Engrossed - 14 - LRB103 38700 SPS 68837 b with the following:

(2) listsdisplays the total price for the service separatelyat fromthe time the totalservice eventis ticketfirst pricelisted paidfor bysale, thewhich serviceincludes providerall applicable required fees (excluding taxes or any fees assessed for the eventphysical ticketdelivery of tickets), in any advertisement, marketing, price list, social media promotion, or other interface thatwhere displays a price is displayed for the service;service, including at the time it is first displayed to the individual and anytime throughout the purchasing process;

and (4) does not obtain more tickets in each transaction than the numerical limitations for tickets set by the venue and artist for each respective event;event.

and If the person or entity is unable to obtain the specified event ticket for the consumer, the person or entity shall provide the consumerconsumer, within a reasonable amount of time, with a full refund for the total cost of the service to obtain the ticket, including any ancillary fees or taxes, or, subject to availability, a replacement event ticket in the same or a comparable location with the approval of the consumer.

SB3678 Engrossed - 15 - LRB103 38700 SPS 68837 b (f-15) A ticket issuer, ticket broker, or ticket resellerresale marketplace shall not offer for sale an event ticket unless the ticket issuer, ticket broker, or ticket reseller:resale marketplace:

SB3678(A) -displays 15the -total LRB103event 38700ticket SPSprice 68837at bthe (A)time displays the totalticket eventis ticketfirst pricelisted for sale in any advertisement, marketing, price list, social media promotion, or other interface thatwhere displays a price is displayed for the event ticket;

(i) the total event ticket price at the time the ticket is first displayed to the individual and anytime throughout the ticket purchasing process, includingand, prior to checkout, shall include an itemized breakdown of the facebase valueevent ticket price of the event ticket and all applicable taxesevent andticket ancillaryfees fees;and taxes;

(ii) the space within the venue that the event ticket entitles the bearer to occupy for the event, whether that is general admission or a specific seatrow or section;

(iii) the refund policies and how to obtain a refund, including under what circumstances a full refund will be issued and how to obtain a full refundSB3678 ofEngrossed the- total16 cost- LRB103 38700 SPS 68837 b refund of the ticket,total event ticket fees,price ancillary fees, and taxes;

(iv) the estimated date and means of delivery for the event ticket;

and (v) anya restrictionslink onto the full terms and conditions applied by the ticket issuer, ticket broker, or ticket resale marketplace of the event ticket underto theany termsindividual andwho conditionsseeks ofto thepurchase an event ticket;ticket prior to purchase.

andIf SB3678the -event 16ticket -is LRB103an 38700electronic SPSticket, 68837the bticket (vi)issuer, aticket linkbroker, toor theticket fullresale termsmarketplace andshall conditionsdeliver written proof of purchase to the eventpurchaser ticketas tosoon anyas individualis whopracticable, seeksand tono purchaselater anthan event24 tickethours, priorafter tothe purchase.purchase of the event ticket.

IfThe the event ticket is an electronic ticket, the ticket issuer, ticket broker, or ticket reseller shall deliver written proof of purchase toshall theinclude purchaser as soon as is practicable, and no later than 24 hours, after the purchasedisclosures ofrequired theunder eventsubparagraph ticket.(B).

The(f-20) writtenAs proofused ofin purchasethis shallSection: include the disclosures required under paragraph (B).

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or"Event (2)ticket subjectfee" tomeans availabilitya andcharge thethat approvalmust ofbe thepaid consumer,in ifaddition to the base event isticket postponed,price ain replacementorder to obtain an event ticket,ticket infrom thea sameticket issuer, secondary market ticket issuer, or asecondary comparablemarket location,ticket onceexchange, theseller, eventor hasreseller, beenincluding rescheduled.any service fee, charge and order SB3678 Engrossed - 17 - LRB103 38700 SPS 68837 b processing fee, facility charge fee, and any other charge.

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(f-25)"Optional Aproduct ticket issuer, ticket broker, or ticketservice" reseller,means SB3678a -product 17or -service LRB103that 38700an SPSindividual 68837does bnot orneed operatorto ofpurchase any website purporting to selluse or offertake forpossession saleof an event ticketsticket. shall not: