Ticket Buyer Bill of Rights Praises Passage of TICKET Act (HR 3950)

Last night, the House of Representatives voted 388 to 24 to pass the TICKET Act (HR 3950). The vote follows the unanimous vote in the full Energy & Commerce Committee in December. If enacted, the bill will:

• Require simple, clear all-in pricing,

• Ban speculative ticketing, 

• Ban deceptive websites and deceptive website marketing

• Provide fans a full refund to a canceled event or, if the event is postponed, a comparable replacement ticket, at the approval of the fan, 

• Require a report from the FTC on BOTS Act Enforcement. 

This legislation is the most comprehensive consumer protection ticketing legislation to receive a floor vote since the BOTS Act passed in 2016.

The following can be attributed to the Ticket Buyer Bill of Rights Coalition. “Congratulations to Representatives Bilirakis and Schakowsky for achieving this important milestone. Today marks the furthest federal live event ticketing reform has gone in nearly a decade. We applaud them for their leadership and their willingness to engage all stakeholders, includingespecially consumer protection organizations, in seeking a truly comprehensive reform package which has consensus by virtually every stakeholder in the debate. We urge the Senate to send the TICKET Act to President Biden’s desk as expeditiously. 

“Today is a momentous day for live event ticketing reform,” said Brian Hess, Executive Director of Sports Fans Coalition. “If enacted, this bill will guarantee sports fans all-in pricing, prohibitions on several deceptive sales tactics, and refund requirements for canceled events. We hope the Senate will pass this vital legislation and that President Biden will sign it shortly thereafter.”

“Fairness in live event ticketing took a huge step forward today,” said John Breyault, Vice President of Public Policy, Telecommunications and Fraud at the National Consumers League. “For decades, the simple act of buying a ticket to see your favorite artist or team has been an exercise in frustration. Thanks to leaders like Chairman Bilirakis and Ranking Member Schakowsky, the days that ticketing companies can get away with ridiculous ticket add-on fees and deceptive resale websites are numbered.”

“This bill lets fans know that when they buy a ticket to their favorite events they’ll be assured that the ticket is real, the price is clear and a refund is available if the event is cancelled. That’s some real progress for consumers,” said Ruth Susswein, Consumer Action’s Director of Consumer Protection.

CONSUMER PROTECTION LEGISLATION FOR LIVE EVENT TICKETING PASSES COLORADO GENERAL ASSEMBLY, HEADS TO GOVEROR POLIS’ DESK

Leading Consumer Groups Cheer “New Gold Standard” in Live Event Ticketing Statute

FOR IMMEDIATE RELEASE
May 7, 2024

Contact: Ian Eli Lee: ilee@vision360partners.com

Denver, CO. – The Ticket Buyer Bill of Rights Coalition, representing leading consumer protection and fan advocacy organizations, released the following statement applauding both chambers of the General Assembly for passing the most pro-consumer ticketing law in the United States. HB24-1378, a bipartisan bill designed to improve consumer protection and transparency while combating deceptive practices in ticketing, passed the Colorado House last week and the Colorado Senate yesterday on a vote of 30-3 with minor technical amendments. The Colorado House quickly concurred with the Senate’s amended version of the bill, sending it to Governo Polis’ desk to be signed into law. The Governor has 30 days to sign the bill.

This new law will build upon Colorado’s current law protecting the rights of fans to freely use, sell, or transfer their purchased tickets, which helps to provide Colorado fans with other sources from which to buy tickets other than the venue box office or its contracted “primary ticketer.” Polling conducted in May 2023 found that 81% of Coloradans support this current law, agreeing that “someone who has purchased a ticket to a concert or sporting event should be able to sell or give away their purchased ticket however they wish.” Further, 62% said that venue box offices, teams, artists, and primary ticketing companies like Ticketmaster should not be able to prevent consumers from buying tickets through secondary resale marketplaces like StubHub, Seak Geek, or Vivid Seats.  

HB24-1378 will:

• Prohibit hidden fees by instituting all-in, up-front price transparency

• Ban any increase of the ticket price after a consumer selects the ticket for purchase

• Guarantee refunds for canceled shows

• Ban the use of deceptive websites which impersonate a venue or seller

"With the passage of HB 24-1378, Colorado is poised to become the nation's gold standard for consumer protection in live event ticketing," said Brian Hess, Executive Director of Sports Fans Coalition. "Colorado started with transferability, now the Centennial State adds upfront all-in pricing, refund guarantees, and bans on deceptive websites. It has been a long process to reach this momentous point, and HB-1378 will stand as a shining example of what can be accomplished with strong, consensus-driven leadership and with consumer protection advocates at the table from the start. We commend Representatives Lindstedt and Valdez and Senators Gardner and Sullivan for standing up for all of Colorado's fans."

“Colorado is once again leading the way in protecting fans,” said National Consumers League Vice President John Breyault. “We appreciate the commitment that Gov. Polis and leaders in the Colorado General Assembly have shown to ensuring that fans get a fair shake in the Centennial State.”

“Transparency is desperately needed in ticketing, and this new law will make ticket pricing more transparent from the start so that we fans are no longer surprised by hidden fees,” said Brian Berry, Advocacy Director of the fans’ rights initiative Protect Ticket Rights. “This is a common sense bill with consumer protection at its core and we appreciate the determination of lawmakers and Governor Polis to put consumers’ needs over the profit-motive of entrenched industry interests.” 

Colorado is one of six states that has enshrined the right of its citizens to freely use, give away, or sell their tickets through transferability. Polling conducted last year found that Colorado voters agreed four to one that consumers should maintain this right to give away or sell their purchased tickets. Because of this protection, Colorado’s sports fans have enjoyed more than $5 million in savings by buying tickets on secondary markets between 2017 and 2023 from ticket holders unable to attend games but willing to resell them for less than their original price.

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The Ticket Buyer Bill of Rights Coalition was founded in February 2023 by leading consumer and fan advocacy organizations to offer a framework for ticketing legislation that can improve the market that serves millions of fans each year. The Bill of Rights features five pillars; The Right to Transferability, The Right to Transparency, The Right to Set the Price, The Right to a Fair Marketplace and The Right to Recourse. The Ticket Buyer’s Bill of Rights has been endorsed by The Denver Chapter of the Center for New Liberalism, National Consumers League, Consumer Federation of America, Consumer Action, Consumer Federation of California, National Association of Consumer Advocates, Public Knowledge, Sports Fans Coalition, Virginia Citizen Consumer Council, Protect Ticket Rights, and Fan Freedom. Learn more at www.ticketbuyerbillofrights.org.

Read the PDF here.

Colorado’s Pro-Consumer Ticket Bill Continues to Sail,Passes Senate Committee, Next Stop Full Senate

Bill Requires Disclosure of Fees, Guarantees Refunds, Bans Deceptive Websites

For Immediate Release
May 2, 2024
Contact: Karl Howley, khowley@vision360partners.com

Denver, CO. – The Ticket Buyer Bill of Rights Coalition, representing leading consumer protection and fan advocacy organizations, released the following statement after the Colorado Senate Business, Labor, & Technology Committee advanced HB24-1378 today. The Colorado House passed the bill on April 14th. The legislation must now be considered by the full Colorado Senate. 

“Governor Polis called on the Legislature and stakeholders to work together this session to pass a truly pro-consumer bill and we are thrilled to see it happen,” said Brian Hess, Executive Director of the Sports Fans Coalition. “Too often fans are duped by deceptive websites and surprising hidden fees that don’t appear until the payment screen, and this legislation will fix that by making upfront, all-in pricing the law along with other important protections.” 

HB24-1378 would:

• Prohibit hidden fees by instituting all-in, up-front price transparency

• Ban any increase of the ticket price after a consumer selects the ticket for purchase

• Guarantee refunds for canceled shows

• Ban the use of deceptive websites which impersonate a venue or seller

The rights that HB24 24-1378 provides build upon this Colorado law and would promote competition and fairly regulate all sectors of the market. This legislation institutes protections for consumers in both the primary (initial sale) and secondary (resale) ticketing market. The bill would crack down on deception at all levels of ticket distribution, from the on sale to the use of the ticket.

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The Ticket Buyer Bill of Rights Coalition was founded in February 2023 by leading consumer and fan advocacy organizations to offer a framework for ticketing legislation that can improve the market that serves millions of fans each year. The Bill of Rights features five pillars; The Right to Transferability, The Right to Transparency, The Right to Set the Price, The Right to a Fair Marketplace and The Right to Recourse. The Ticket Buyer’s Bill of Rights has been endorsed by The Denver Chapter of the Center for New Liberalism, National Consumers League, Consumer Federation of America, Consumer Action, Consumer Federation of California, National Association of Consumer Advocates, Public Knowledge, Sports Fans Coalition, Virginia Citizen Consumer Council, Protect Ticket Rights, and Fan Freedom. Learn more at www.ticketbuyerbillofrights.org.

Read the PDF here.

Bill to Protect Colorado Live Event Fans, End Deceptive Practices Passes Key Assembly Committee

Bipartisan, Bicameral Legislation will Improve Ticketing and Crack Down on Deception

For Immediate Release
April 10, 2024
Contact: Ian Eli Lee: ilee@vision360partners.com

Denver, CO. – The Ticket Buyer Bill of Rights Coalition, representing leading consumer protection and fan advocacy organizations, released the following statement after the Colorado Assembly’s Business Affairs & Labor Committee voted 8-1 to advance HB24-1378. The bipartisan bill would improve consumer protection and transparency while combating some of the deceptive practices in ticketing. The bill has been referred to the full Colorado Assembly for a vote.

“We commend the committee for advancing this bill, which will protect Colorado sports, music, and arts fans from deceptive practices and guarantee refunds for canceled shows,” said Brian Hess, Executive Director of TBBR Coalition member Sports Fans Coalition. “This bill represents a bipartisan effort by Colorado lawmakers to protect their constituents from hidden fees, unfair markups, and the use of deceptive websites which trick fans into thinking they represent the venue. Our consumer protection and fan advocacy groups remain committed to working alongside the Assembly, Senate, and Governor to ensure this critical bill is signed into law.”

HB24-1378 would:

• Prohibit hidden fees by instituting all-in, up-front price transparency

• Ban any increase of the ticket price after a consumer selects the ticket for purchase

• Guarantee refunds for canceled shows

• Ban the use of deceptive websites which impersonate a venue or seller

 Colorado is one of six states that has enshrined the right of its citizens to freely use, give away, or sell their tickets through transferability. Polling conducted last year found that Colorado voters agreed four to one that consumers should maintain this right to give away or sell their purchased tickets. Because of this protection, Colorado’s sports fans have enjoyed more than $5 million in savings by buying tickets on secondary markets between 2017 and 2023 from ticket holders unable to attend games but willing to resell them for less than their original price.

The rights that HB24 24-1378 provides build upon this Colorado law and would promote competition and fairly regulate all sectors of the market. This legislation, unlike previous bills, would institute protections for consumers in both the primary and secondary ticketing market. The bill would crack down on deception at all levels of ticket distribution, from the on sale to the use of the ticket.

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 The Ticket Buyer Bill of Rights Coalition was founded in February 2023 by leading consumer and fan advocacy organizations to offer a framework for ticketing legislation that can improve the market that serves millions of fans each year. The Bill of Rights features five pillars; The Right to Transferability, The Right to Transparency, The Right to Set the Price, The Right to a Fair Marketplace and The Right to Recourse. The Ticket Buyer’s Bill of Rights has been endorsed by The Denver Chapter of the Center for New Liberalism, National Consumers League, Consumer Federation of America, Consumer Action, Consumer Federation of California, National Association of Consumer Advocates, Public Knowledge, Sports Fans Coalition, Virginia Citizen Consumer Council, Protect Ticket Rights, and Fan Freedom. Learn more at www.ticketbuyerbillofrights.org.

Read the PDF here.

Maryland Passes SB 539 to Enhance Transparency in Live Event Ticketing

For Immediate Release
April 4, 2024
Contact: Karl Howley khowley@vision360partners.com

The Ticket Buyer Bill of Rights coalition released the following statement today following this week’s passage of an amended SB 539, legislation that regulates the sale of live event tickets:

“Transparency is lacking in ticketing and this new law will improve the otherwise murky market within which Marylanders purchase tickets to their favorite games and concerts. There is a lot of reform needed to comprehensively fix ticketing, and this new law will take some important steps forward to enhance transparency, ensuring consumers know the true price of their tickets early in the process inclusive of all fees, and what the refund policies are if the event is postponed or cancelled. Further, this law will also ban deceptive speculative ticket sales where the seller doesn’t yet possess the tickets for sale and fails to make this arrangement clear before the customer pays. We believe consumers should be better informed at every step in the process and this law will make important strides toward achieving this goal.  

“We want to thank lawmakers for their hard work, ensuring an equitable law was passed, and not falling prey to the attempts by a few corporate players in the system to criminalize ticket resale in order for them to gain more power, market share, and profits at the expense of a consumer’s right to freely comparison shop for tickets in a vibrant and competitive market and not just the venue box office and its sole ticketing partner. If a Marylander wants to sell his or her tickets that they already paid for, that is and fortunately will remain the prerogative of that fan. Fans shouldn’t be held criminally liable for engaging in their fandom. We were pleased to engage in the legislative process, to call for changes and balance where industry players sought favor, and to support the bill that ultimately passed and is being sent to the Governor.”

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The Ticket Buyer Bill of Rights Coalition was founded in February 2023 to serve as a framework for ticketing legislation that can improve the live events ticketing market that serves millions of fans each year. The Bill of Rights features five pillars; The Right to Transferability, The Right to Transparency, The Right to Set the Price, The Right to a Fair Marketplace and The Right to Recourse. The Ticket Buyer Bill of Rights is endorsed by Economic Action Maryland, National Consumers League, Consumer Federation of America, Sports Fans Coalition, Fan Freedom, Protect Ticket Rights, the National Association of Consumer Advocates, Virginia Citizens Consumer Council, Public Knowledge, Consumer Action, Consumer Federation of California, and the Center for New Liberalism. Visit us at www.ticketbuyerbillofrights.org.

Read the PDF here.

Consumer Protection and Fan Advocacy Groups Call on State Senate to Reject House Ticketing Legislation, Return Next Year with Pro-Consumer Bill and Begin the Process with Fan Advocates at the Table

For Immediate Release
April 4, 2024
Contact: Karl Howley khowley@vision360partners.com

Annapolis, MD – Following maneuvers this week in the Maryland House Economic Matters Committee to change SB 539, legislation passed in the State Senate on March 15, and the House passage HB 701 on Wednesday, a bill that provides handouts requested by a small cohort of concert venues in the state and that would punish Maryland ticketholders with fines and jail time if they resell their sports and concert their tickets at a profit, the Ticket Buyer Bill of Rights coalition is now calling on the Maryland State Senate to reject the House of Delegates legislation and revisit ticketing reform next year, inviting consumer advocates at the start of the process.

“The proposed amendments by the House committee make no sense, punishing sports fans who buy their tickets on a per game basis and don’t have the thousands of extra dollars it costs to buy a season ticket package, and making it a crime punishable with fines and jail times if they sell some of their tickets and make some profit to help pay for other expenses. The Senate’s version could have made Maryland a national leader in consumer protection, sadly due to special interests and these last minute handouts, the Legislature should reject this legislation and work with consumer protection organizations next year to craft pro-fan legislation,” said Brian Hess, Executive Director of the Sports Fans Coalition.

“The House of Delegates just set the stage for fans to get ripped off in shadow-market ticket sales and gave its approval for an increase in monopolistic price and fee gouging by venue box offices,” said Brian Berry, Advocacy Director of Protect Ticket Rights. “It’s bad public policy to fine or jail a ticketholder for selling his or her tickets while turning a blind eye to corporate box offices that dynamically price tickets where it might charge $1,000 for tickets that were priced at $100 one day earlier,” continued Berry. 

While not perfect, SB 539 as passed by the State Senate on March 15 would mandate all-in pricing and ban the speculative sale tickets that mislead consumers into believing they are purchasing a ticket at the time of payment when in fact they are purchasing the future promise of a ticket. These are two important market reforms that will make the ticketing market more transparent for Maryland event goers, build upon the state’s current ticketing laws, and make Maryland a national leader in consumer protections for live event fans. The Senate also removed the criminalization of ticket resale. 

On Tuesday, April 2, the House of Delegates’ Economic Matters Committee shirked the Senate-passed SB 539 and instead offered amendments that the Senate already struck down, most notably amendments that make it a crime to resell tickets at a price higher than originally paid. On Wednesday, April 3, the House of Delegates advanced its own legislation, HB 701, which includes the same punishments for ticketholders who resell their tickets. Importantly, while a small cohort of venues has been the driving force behind HB 701, other music venues and some professional sports teams and leagues have opposed the legislation since the start. 

Read the Ticket Buyer Bill of Rights press release on the March passage of an amended SB 539 HERE. 

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The Ticket Buyer Bill of Rights Coalition was founded in February 2023 to serve as a framework for ticketing legislation that can improve the live events ticketing market that serves millions of fans each year. The Bill of Rights features five pillars; The Right to Transferability, The Right to Transparency, The Right to Set the Price, The Right to a Fair Marketplace and The Right to Recourse. The Ticket Buyer Bill of Rights is endorsed by Economic Action Maryland, National Consumers League, Consumer Federation of America, Sports Fans Coalition, Fan Freedom, Protect Ticket Rights, the National Association of Consumer Advocates, Virginia Citizens Consumer Council, Public Knowledge, Consumer Action, Consumer Federation of California, and the Center for New Liberalism. Visit us at www.ticketbuyerbillofrights.org.

New Colorado Live Event Ticketing Legislation Will Make Ticketing More Transparent, Less Deceptive, And Protect Fans

Bipartisan Bill Guarantees Refunds, Bans Hidden Fees, Cracks Down on Deceptive Website Marketing

FOR IMMEDIATE RELEASE
March 20, 2024

Contact: Ian Eli Lee: ilee@vision360partners.com

Denver, CO. – The Ticket Buyer Bill of Rights Coalition, representing leading consumer protection and fan advocacy organizations, today announced its support for HB 24-1378, new bipartisan legislation introduced in both houses of the Colorado Legislature which would improve consumer protection and transparency while combating some of the deceptive practices in ticketing. The coalition also welcomes the addition of the Denver chapter of the Center for New Liberalism as its newest member and advocate.

“We are thrilled to endorse this legislation to pass clear pro-consumer legislation in Colorado, and if this becomes law, we will see price transparency for the first time and a prohibition on deceptive websites,” said Brian Hess, Executive Director of Sports Fans Coalition. “These key consumer protections will add to existing statutes in Colorado which protects fans’ rights to freely use, sell, or give away their previously purchased tickets without any inappropriate encumbrance of for-profit artists, venues and their box office ticketing partners.”

HB24-1378 would:

• Prohibit hidden fees by instituting all-in, up-front price transparency

• Bans any increase of the ticket price after a consumer selects the ticket for purchase

• Guarantee refunds for canceled shows

• Ban the use of deceptive websites which impersonate a venue or seller

Colorado is one of six states that has enshrined the right of its citizens to freely use, give away, or sell their tickets through transferability. Polling conducted last year found that Colorado voters agreed four to one that consumers should maintain this right to give away or sell their purchased tickets. Because of this protection, Colorado’s sports fans have enjoyed more than $5 million in savings by buying tickets on secondary markets between 2017 and 2023 from ticket holders unable to attend games but willing to resell them for less than their original price.

The rights that HB24 24-1378 provides builds upon this Colorado law and would promote competition and fairly regulate all sectors of the market. This legislation, unlike previous bills, would institute protections for consumers in both the primary and secondary ticketing market. The bill would crack down on deception at all levels of ticket distribution, from the on sale to the use of the ticket.

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The Ticket Buyer Bill of Rights Coalition was founded in February 2023 by leading consumer and fan advocacy organizations to offer a framework for ticketing legislation that can improve the market that serves millions of fans each year. The Bill of Rights features five pillars; The Right to Transferability, The Right to Transparency, The Right to Set the Price, The Right to a Fair Marketplace and The Right to Recourse. The Ticket Buyer’s Bill of Rights has been endorsed by The Denver Chapter of the Center for New Liberalism, National Consumers League, Consumer Federation of America, Consumer Action, Consumer Federation of California, National Association of Consumer Advocates, Public Knowledge, Sports Fans Coalition, Virginia Citizen Consumer Council, Protect Ticket Rights, and Fan Freedom. Learn more at www.ticketbuyerbillofrights.org.

View Printable Release Here

TBBR Statement on Fans First Act

“This week has had historic momentum for ticketing reform in Congress. We welcome the introduction of the Fans First Act. It contains many important consumer protections and we thank Senators Klobuchar, Cornyn, Lujan, Blackburn, Wicker and Welch for their leadership. We look forward to working with the sponsors to make sure fans remain at the center of the legislative process.”

Bipartisan Live Event Ticketing Legislation Advances in Congress;Ticket Buyer Bill of Rights Coalition Supports the Advancement of the TICKET Act and STOP Act

Washington, D.C. – The United States House Energy and Commerce today unanimously passed H.R. 3950, the Transparency in Charges for Key Events Ticketing (TICKET) Act and the Speculative Ticketing Oversight and Prohibition Act (STOP Act) and combined the bills into one to advance to the full House of Representatives. The Ticket Buyer Bill of Rights Coalition issued the following statement in response: 

“The live event ticketing system needs to be cured of deep flaws that result in consumers being abused before tickets go on sale, while they are for sale, and through the moment they are scanned for entry. We are pleased the Committee today expanded the scope of the bipartisan TICKET Act beyond its original focus on price transparency to now include other important consumer protections, specifically refund requirements for cancelled events and the banning of deceptive website marketing and speculative ticket sales where the seller is selling the promise of a ticket that he or she doesn’t yet possess. 

“As a combined package, this legislation will take important steps toward improving the broken ticketing system. We hope this bill advances and ultimately becomes law, and that its passage out of committee today is a first step toward enacting broader ticketing market reform that is needed. We look forward to working with lawmakers to accomplish this in the future.”   

The Ticket Buyer Bill of Rights is a set of principles the nation’s leading consumer protection and fan advocate organizations believe should serve as a framework for ticketing legislation that can improve the live events ticketing market that serves millions of fans each year. The Ticket Buyer Bill of Rights features five pillars: 

1. The Right to Transferability, where ticketholders decide how to use, sell or give away their tickets if they wish and not the entity that previously sold the tickets;

2. The Right to Transparency, which includes all-in pricing and disclosures of relevant information for the purchasing decision;

3. The Right to Set the Price, so that companies who originally sold the tickets cannot dictate to fans for what price they can or cannot resell their purchased tickets;

4. The Right to a Fair Marketplace, where fans compete with actual humans, not illegal software bots, for tickets;

5. The Right to Recourse, where harmed fans retain the choice to seek remedies through the public court system and are not blocked by terms and conditions that force them into private arbitration.

Earlier this year, the Ticket Buyer Bill of Rights also endorsed the BOSS and SWIFT Act (HR 3660), introduced by Reps. Frank Pallone (D-NJ) and Bill Pascrell (D-NJ), a comprehensive bicameral bill that will hold the entire industry to a higher standard of accountability and transparency. 

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The Ticket Buyer Bill of Rights Coalition was founded in February 2023 by leading consumer and fan advocacy organizations to offer a framework for ticketing legislation that can improve the market that serves millions of fans each year. The Bill of Rights features five pillars; The Right to Transferability, The Right to Transparency, The Right to Set the Price, The Right to a Fair Marketplace and The Right to Recourse. The Ticket Buyer’s Bill of Rights has been endorsed by National Consumers League, Consumer Federation of America, Consumer Action, Consumer Federation of California, National Association of Consumer Advocates, Public Knowledge, Sports Fans Coalition, Virginia Citizen Consumer Council, Protect Ticket Rights, and Fan Freedom. Learn more at www.ticketbuyerbillofrights.org.

TBBR Statement on TICKET Act (HR 3950) Markup

Washington, D.C. – The United States House Innovation, Data, And Commerce Subcommittee today approved an amended version of HR 3950. The Transparency in Charges for Key Events Ticketing Act (“TICKET Act”). This bipartisan bill would require live event ticketing companies to disclose the full price of a ticket at the time it is first displayed, not at the end of the check-out process. The bill would also take aim at the deceptive practice known as speculative ticketing — where a fan thinks they bought a ticket, but instead bought a promise to procure a ticket.

In response, the Ticket Buyer Bill of Rights Coalition issued the following statement:

“With an all-of-government effort underway to increase transparency around fees and the real price of goods, the bipartisan TICKET Act continues to advance upfront, all-in pricing of live event tickets, which soon could become a welcome reality for the many millions of consumers who buy tickets every year. The TICKET Act also requires clear and conspicuous disclosure of tickets offered speculatively, where the seller doesn’t yet have possession of the tickets, which will help reduce the risk that fans end up without the tickets they expected. 

The live event ticketing system needs to be cured of deep flaws that result in consumers being abused before tickets go on sale, while they are for sale, and through the moment they are scanned for entry. This is why earlier this year, our coalition also endorsed the BOSS and SWIFT Act, comprehensive bicameral legislation that in addition to the provisions included in the TICKET Act, will go further in protecting consumers while holding all industry players – artists, teams, promoters, venues and ticket sellers – more accountable and to an improved standard of professional conduct.

We applaud Chairman Bilirakis and Ranking Member Schakowsky for their leadership and standing up for fans during this process. We look forward to continuing to partner with them to ensure a more fair ticket marketplace for fans. We also look forward to working with Ranking Member Pallone, Representative Castor, and Representative Blunt Rochester on their amendments on refund requirements, fan data privacy, and deceptive URLs.”

Consumer and Live Event Fan Advocates Applaud U.S Senate Introduction ofBOSS and SWIFT Act of 2023

Comprehensive Bicameral Legislation Closely Mirrors Ticket Buyer Bill of Rights; Will Make Ticketing More Fair and Transparent for Fans

WASHINGTON, D.C.  – Organizations that endorse the Ticket Buyer Bill of Rights today welcomed Senator Richard Blumenthal’s (D-CT) re-introduction of the Better Oversight of Stub Sales and Strengthening Well Informed Fair Transactions for Audiences of Concert Ticketing Act “BOSS and SWIFT Act of 2023.” The bill is the Senate companion to legislation introduced in the U.S. House of Representatives by Reps. Frank Pallone (D-NJ) and Bill Pascrell (D-NJ) in May, and among several bills or other legislative proposals in Congress pertaining to live event tickets, is the only comprehensive, bicameral ticketing reform package currently before the Congress. United States Senators Markey (D-MA) and Hirono (D-HI) joined Senator Blumenthal in introducing the legislation. 

If enacted, the BOSS and SWIFT Act would make much-needed reforms to ticket sales and increase transparency and fairness for fans. It aims to better inform consumers when they are shopping for tickets, to ensure fans can shop among many ticket sellers and not just the venue box office or event organizer’s contracted primary ticketer, and to prohibit anti-consumer, anticompetitive, and deceptive conduct that has become the norm in the multibillion-dollar live event ticketing system. 

Of the bills introduced or in discussion in the U.S. Congress, the BOSS and SWIFT Act is the gold standard for consumer protection and the most aligned with the Ticket Buyer Bill of Rights. Key reforms within the BOSS and SWIFT Act include that align with the Ticket Buyer Bill of Rights include: 

• The Right to Transferability. The legislation protects individuals’ rights to freely use, sell, or give away their previously purchased tickets as they see fit. Life happens, and because tickets often go on sale many months before the event, it’s important that ticketholders maintain this right, which is protected by law in six states (NY, CT, VA, UT, CO, IL). 

• The Right to Transparency. The bill will require disclosure of secretly held-back ticket inventory so that fans know whether or not more tickets will be made available at a future date. The bill also requires upfront, All In Pricing to end the deceptive drip pricing that is common in ticketing today so that the first price a consumer sees is the last price they see before taxes. The BOSS SWIFT Act will also require any ticket offers that are speculative in nature to be conspicuously disclosed so that consumers are aware regardless of refund protection whether or not the seller has already purchased the tickets or will later procure them.  

• The Right to Set the Price. The bill prohibits companies who originally sold the ticket from dictating to fans what price they can or cannot resell their previously purchased tickets. Ticketholders should be able to decide, if they desire, to offer their tickets for sale at a price higher or lower than they paid. 

• The Right to a Fair Marketplace. Fans should compete with other humans and not nefarious, illegal cut-in-line software bots when it comes to purchasing tickets to popular events, and the BOSS SWIFT Act requires reporting of suspected illegal software bot usage in the purchase of tickets to the FTC. 

• The Right to Recourse. Fans should have the choice to seek remedies through the public court system and are not blocked by terms and conditions that force them into private arbitration. The BOSS and SWIFT Act is the only ticketing legislation before Congress that gives fans the ability to advocate for themselves and enforce their rights. 

More information about the BOSS and Swift Act can be found here.

A summary of the BOSS and Swift Act by Ticket Buyer Bill of Rights can be found here. 

“Buying a ticket to see your favorite artist, sports team, or Broadway show should not be an exercise in frustration,” said John Breyault, National Consumers League Vice President of Public Policy, Telecommunications, and Fraud. “Unfortunately, the average fan is at the mercy of a rigged system that makes it nearly impossible to get access to affordable tickets for popular events. And even when fans are able to find tickets to buy, hidden fees can more than double the cost to attend the event. The BOSS and SWIFT ACT is the common-sense solution fans need to bring sanity to the live event ticketing industry.”

“The time is long overdue to bring transparency, fairness and competition back to the live event ticketing marketplace,” said Erin Witte, Director of Consumer Protection at Consumer Federation of America. “The BOSS and SWIFT Act will level the playing field for consumers and ensure that they can enjoy these events without being deceived and overcharged in the purchase process.” 

“The BOSS and SWIFT Act will crack open the ticket buying market, ensuring that consumers know the total cost of tickets—fees and all—for concerts and sporting events, and what their rights are to a refund,” said Ruth Susswein, Consumer Action’s Director of Consumer Protection.

“Under the Boss and Swift Act, we will move a step closer to increasing protections for concertgoers, providing them with more information and options as they navigate through the often obscure and mysterious ticket buying process,” said Christine Hines, legislative director at the National Association of Consumer Advocates.

“After more than a decade of the Live Nation/Ticketmaster monopoly running roughshod over consumers, the BOSS and SWIFT Act will provide fans and consumers with protections they so sorely deserve,” said Robert Herrell, Executive Director of the Consumer Federation of California. “Congress should swiftly move to put consumers at the front of the line, not shut out outside of the concert while the monopoly enjoys their VIP access.”

“Consumers need the protections provided in the BOSS and SWIFT Act. We’re tired of being taken advantage of by the big ticket sellers! It’s time for fairness!” said Irene Leech, President of the Virginia Citizens Consumer Council. 

"For too long, the ticket purchasing experience for consumers has been opaque at best, resulting in a consumer experience that is characterized by hidden or late-disclosed fees and a final price that is a shock. The BOSS and SWIFT Act seeks to eliminate some of the worst of these abuses by creating greater transparency through disclosures and promoting competition in ticket sales that enables a healthier market for consumers buying tickets." Sara Collins, Director of Government Affairs, Public Knowledge.

"Sports fans across the country have been crying out for reforms," said Brian Hess, Executive Director of Sports Fans Coalition. "The BOSS and SWIFT Act is the most holistic proposal we've seen introduced and we commend Senator Blumenthal for tackling this difficult subject in such a thoughtful and pro-consumer manner. The BOSS and SWIFT Act is the best representation of the Ticket Buyer Bill of Rights that we've seen, and will ensure strong consumer protections while protecting a competitive marketplace. The introduction of the BOSS and SWIFT Act in the Senate makes this bill the only bicameral comprehensive live event ticketing reform proposal in Congress."

“The BOSS and SWIFT Act is the only ticketing bill in Congress that was drafted with the fan at its core to make ticketing more fair, more transparent, and less deceptive, and we thank Senator Blumenthal for his continued leadership to defend fans of live events and the market from which they purchase their event tickets,” said Brian Berry, Advocacy Director for Protect Ticket Rights.

“While legislatures across the country grapple with the opaque and ever-changing world that is live event ticketing, we welcome the BOSS and SWIFT Act and some direction from Congress that protects everyone seeking to buy and transfer tickets,” said Chris VanDeHoef, President of the FanFreedom Project. “The BOSS and SWIFT Act is a giant step towards providing consumer protection to ticket buyers everywhere and we encourage Congress to see this through.”

TBBR statement on S. 1303 amendment

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – The United States Senate Committee on Commerce, Science, & Transportation today approved an amended version of the Transparency in Charges for Key Events Ticketing Act (“TICKET Act”). Unfortunately, an amendment to the bill that was approved during the markup eliminated a key provision that consumer groups supported which would have required ticket sellers to disclose clearly and conspicuously, prior to a consumer selecting a ticket for purchase, when a seller does not have possession of a ticket being listed for sale. The eliminated provision would have addressed a controversial practice known as “speculative ticketing,” that has harmed too many consumers who thought they had purchased a ticket only to later find out that the seller was unable to fulfill their order. [1] In a July 25 letter to the Commerce Committee, eleven consumer advocacy organizations had urged support for the original version of the TICKET Act, which was introduced with bipartisan support in April.

In response to today’s vote, the undersigned consumer groups released the following statement:

“The live event ticketing market is a rigged game, riddled with deception and a lack of transparency at every turn. We are extremely disappointed that the Commerce Committee today bowed to pressure from industry opponents and missed an opportunity to reduce the risk that fans end up high and dry without tickets to events they had otherwise planned to attend. The TICKET Act, as amended, is a step in the right direction but a reminder of why vested interests continue to resist comprehensive reform. The live event ticketing system needs to be cured of deep flaws that result in consumers being abused before tickets go on sale, while they are for sale, and through the moment they are scanned for entry. The TICKET Act as introduced would have assured transparency to two of the most opaque parts of ticket buying: the pricing of tickets, and the sale of  tickets that sellers do not possess, but are offered to unknowing customers. We continue to support all-in pricing of live event tickets because today’s deceptive drip pricing is unfortunately the norm whether the tickets come from a venue, a team, Ticketmaster, or a resale marketplace. Our groups will continue to work for a fairer ticket marketplace to ensure that fans are able to access affordable tickets to their favorite events in an open, transparent, and competitive marketplace.”

Organizations supporting this statement include National Consumers League, Consumer Action, Consumer Federation of America, Consumer Federation of California, Fan Freedom Project, National Association of Consumer Advocates, Protect Ticket Rights, Public Knowledge, Sports Fans Coalition, and U.S. Public Interest Research Project, and Virginia Citizens Consumer Council.

[1] Burchill, Caitlin. “Burlington man learns his expensive Taylor Swift tickets don’t exist days before concert,” NBC Connecticut. (June 13, 2023) Online: https://www.nbcconnecticut.com/investigations/nbc-ct-responds/burlington-man-learns-his-expensive-taylor-swift-tickets-dont-exist-days-before-concert/3048419/; Oberle, Marisa. “PROBLEM SOLVERS: Potential ‘controversial’ practice leaves Kent Co. family without Taylor Swift tickets,” FOX 17-West Michigan. (June 21, 2023) Online: https://www.fox17online.com/news/problem-solvers/problem-solvers-controversial-practice-leaves-kent-co-family-without-taylor-swift-tickets-day-before-concert

Ticket Transferability Helps Sports Fans Save $260 Million Over Five Years

The ‘Dark Patterns’ of Deceptive Marketing

We shouldn’t blame consumers when companies’ drip-pricing schemes deceive them (“Hidden Fees Exist Because They Work,” U.S. News, June 17). Our market-based economy depends on sellers to make good-faith attempts to compete with one another in developing the best products and services to win over consumers. Businesses that use hidden fees and drip pricing win market share and harm competitors by advertising lower prices than they really charge and then hoping that consumers don’t notice.

This is often achieved through the use of “dark patterns” and other tools of deceptive marketing. Anyone who has ever rushed through the process of buying a concert ticket and knuckled under to ticketers’ exorbitant fees, thanks to a ticking time clock at the top of a screen, is familiar with the dark patterns. Instead of casting blame on consumers, we should support those who seek to prohibit such abuse in the first place.

Source: https://www.wsj.com/articles/dark-patterns-deceptive-marketing-hidden-fees-fc543404

Press Release: Governor Polis Protects Live Event Consumers in Colorado, Vetoes Flawed Ticketmaster Bill

Denver, CO - Today, in dealing a victory in the name of consumer protection, Colorado Governor Jared Polis vetoed SB23-060. Though it included some good provisions, this legislation would have given permission to live event ticketing giants Ticketmaster and AXS to deceive consumers when tickets go on sale by creating fake scarcity, and turning a blind eye to illegal software bots that scoop up tickets before humans can instead of reporting their usage to law enforcement. It also contained a loophole that could have handed Ticketmaster, AXS and event venues the ability to cancel, revoke, or otherwise invalidate tickets they already sold for various reasons - a unique power in the market that other ticketing companies argue could harm consumers by making them fearful to buy tickets from another ticketing company even if they find better tickets at a lower price.  

“We are thrilled that Governor Polis decided to protect consumers by vetoing SB23-060,” said Brian Hess, Executive Director of Sports Fans Coalition. “Despite its name, the legislation didn’t go far enough to protect consumers, as evidenced by the stripping of several vital consumer protections from the bill. This is why consumer and fan advocates called for a veto, and we are grateful Governor Polis agreed. We look forward to working with lawmakers and the Governor next year to create a true consumer protection bill.”  

“We applaud Governor Polis for recognizing that fans in Colorado deserve real reform that begins to fix a broken live event industry,” said John Breyault, Vice President Public Policy, Telecommunications, and Fraud for the National Consumers League. “This legislation would have handed disproportional new power to Ticketmaster, AXS, and event venues over the consumers who already pay too much to attend live events. We look forward to working with all stakeholders in the Colorado live event ecosystem to craft a bill that puts fans first.”

“While under the auspice of consumer protection, consumer advocates were never consulted during the legislative process. In fact, industry opposed many of the protections we sought to include in SB23-060, such as holdback disclosures and bots reporting” said Erin Witte, Director of Consumer Protection for Consumer Federation of America. “Thank you Governor Polis for seeing through the bill’s misnomer and protecting Colorado’s consumers.” 

“Fans across Colorado thank Governor Polis for vetoing this anti-fan and anti-consumer legislation. States from coast to coast are looking at passing laws that protect consumers from the monopolistic actions of Live Nation - not finding ways to protect major monopolies. We encourage Colorado to look at legislation like California’s AB 8 and SB 829 which protects fans from predatory and deceptive practices and prohibits exclusive contracts for ticketing respectively. Bills like these are truly consumer friendly,” said Chris VanDeHoef, President of the Fan Freedom Project.

“Through his veto, Governor Polis is doing the right thing by encouraging the Legislature to come up with a better, fans first bill for Colorado, so that from the moment tickets go on sale it is done in a more transparent way with no secret holdbacks or hidden fees, and so that ticketholders can freely use, give away, or sell their purchased tickets if they choose without fear that their tickets will get revoked,” said Gary Adler, Executive Director of Protect Ticket Rights.  

The original draft of Senate Bill 23-060 while titled “Consumer Protection in Event Ticketing Sales” was not designed to protect consumers. Instead, it cleverly consolidated power to favor the ticketing duopoly of Ticketmaster and AXS to the detriment of the very “consumers” the bill claimed to protect. These were the companies that pushed for the legislation and participated in its initial drafting. The Colorado House of Representatives amended the bill to include two vital consumer protections – the disclosure of deceptive “ticket holdbacks” that involve tickets secretly not being made available when tickets go on sale to the public, and the reporting of illegal software bot usage when buying tickets. Lawmakers later removed these vital consumer protections and transparency measures before sending the final legislation to the Governor for his signature or veto. This action led to consumer advocates rescinding their support.

Requiring price transparency through all in, upfront pricing along with banning the use of deceptive websites or URLs that mislead consumers into believing they are visiting the website of the event venue, team, or music artist when they are not, are laudable requirements included in SB23-60. These along with other much-needed transparency and ticket holder protections should be the basis of legislation in 2024 and ideally the legislative process will put the consumer at its core and not once again seek to favor certain corporate players in the live event system over others.  

Ticket holdbacks are deceptive: Sellers withhold up to HALF of all tickets for shows.

This is a well-documented problem that has been investigated by the US GAO, New York Attorney General, and the City and County of Honolulu. It is not uncommon for up to half of the tickets for an event to be secretly held back from the public when tickets go on sale. This scheme was a huge problem for the Taylor Swift tour, as was documented by the Wall Street Journal. The Journal estimated that 94% of Swift tickets were held back for those with special or exclusive access. Yet while Ticketmaster initially claimed tickets had sold out, Ticketmaster continues to send out access codes for held back Taylor Swift tickets.

Aside from the highly popular Swift tour, this deceptive industry scheme is pervasive across events and creates fake scarcity to induce a ticket-buying frenzy so that consumers panic, and in believing there are scarce tickets left, feel compelled to buy immediately. Consumers without special or exclusive access to pre-sales are abused during the public on-sale of tickets, where they may miss work and spend hours in an online waiting room only to be left with intentionally opaque options. When the true inventory of tickets is not presented to fans, they are not capable of making the best possible purchase decision.  

Recent polling commissioned by the Sports Fans Coalition and conducted by RBI Research & Strategies found that nearly 9 in 10 voters (88%) support a requirement of ticket companies to disclose the true inventory of tickets. 

Ticket Bots are Illegal and Should Be Reported to Law Enforcement

Software bots used to purchase tickets may certainly be a problem, but they are also an easy scapegoat for Ticketmaster and AXS. These corporations blame bots for ruining the fan experience, but the fact is federal law already prohibits the use of bots to buy tickets to events. This law has only been enforced once, however, because these ticket sellers are not reporting this insidious activity to law enforcement. Due to their substantial size in the marketplace, these companies are in the best position to stop bots by coordinating with law enforcement, and reporting requirements are a logical step to improving the fan experience. Unfortunately, a requirement to report bot usage to law enforcement was removed from SB23-060 at the request of corporate actors in the event system before the bill was finalized and sent to the governor.  

Colorado Sports Savings Report

Introduction/Background

Every year, consumers save money on tickets when they compare and purchase tickets on the resale market. By shopping on the secondary market, fans all over the U.S. can compare deals and search for tickets within their price range. The secondary market is a platform where previously purchased tickets are offered for resale at whatever price the event organizer sets. Tickets to events or concerts often go on sale six months to a year in advance, making it difficult for consumers to plan. Life happens and sometimes fans cannot attend an event they have purchased a ticket for.

This is why transferability – which lets consumers sell or give away their tickets to freely, is critical for a fair and successful marketplace. From 2018 – 2023 sports fans in Colorado saved tremendously when shopping on the secondary market. Over the five-year span, consumers saved as much as $42 on single tickets to major league sporting events.

Automatiq, a leading data analytics and support services company in the live event ticketing industry, provided the data for this report.

2018
19.33% of tickets were sold below cost, with a sum of $15.53554212 saved per ticket.

2019
34.65% of tickets were sold below cost, with a sum of $19.70973769 saved per ticket.

2020
9.02% of tickets were sold below cost, with a sum of $7.59212068 saved per ticket.

2021
16.50% of tickets were sold below cost, with a sum of $8.0226508 saved per ticket.

2022
24.31% of tickets were sold below cost, with a sum of $17.85648843 saved per ticket.

Colorado Rockies - Baseball

2018
30.43% of tickets were sold below cost, with a sum of $2.910849856 saved per ticket.

2019
36.52% of tickets were sold below cost, with a sum of $2.851800952 saved per ticket.

2020
37.41% of tickets were sold below cost, with a sum of $0.998087666 saved per ticket.

2021
20.31% of tickets were sold below cost, with a sum of $2.993446437 saved per ticket.

2022
30.38% of tickets were sold below cost, with a sum of $2.351604236 saved per ticket.

2023
26.63% of tickets were sold below cost, with a sum of $2.84281484 saved per ticket. 

Colorado Avalanche – Hockey

2018
15.71% of tickets were sold below cost, with a sum of $1.726572362 saved per ticket.

2019
14.09% of tickets were sold below cost, with a sum of $1.610943502 saved per ticket.

2020
6.06% of tickets were sold below cost, with a sum of $42.99739847 saved per ticket.

2021
22.53% of tickets were sold below cost, with a sum of $6.420885944 saved per ticket.

2022
12.77% of tickets were sold below cost, with a sum of $4.049103744 saved per ticket. 

Denver Nuggets – Basketball

2018
17.39% of tickets were sold below cost, with a sum of $2.951237998 saved per ticket.

2019
32.55% of tickets were sold below cost, with a sum of $3.70169766 saved per ticket.

2020
17.64% of tickets were sold below cost, with a sum of $20.37465741 saved per ticket.

2021
47.94% of tickets were sold below cost, with a sum of $10.11106529 saved per ticket.

2022
32.51% of tickets were sold below cost, with a sum of $7.939754992 saved per ticket.

Bottom Line

Consumers appreciate the flexibility the secondary market provides. This data demonstrates how often fans can find cheaper tickets on the secondary in states like Colorado. Fans should be able to buy tickets to an event without fear of breaking the bank. Not every fan can wait in outrageous ticket queues or have credit cards that allow them access to premium ticket sales. The secondary market allows consumers to shop around for tickets and provides access to great deals within their price range.

Press Release: Legislation Permits Ticketmaster and AXS to Deceive Consumers when Selling Tickets in Colorado; Turns a Blind Eye to Illegal Bots That Scoop Up Ticket

Legislation Permits Ticketmaster and AXS to Deceive Consumers when Selling Tickets in Colorado; Turns a Blind Eye to Illegal Bots That Scoop Up Ticket 

As Legislature Strips Consumer Protections from SB23-60,

Consumer Coalition Rescinds Support and Calls on Governor Polis to Veto

Denver, CO – In removing vital consumer protection amendments to live event ticketing legislation moving through the Colorado General Assembly,today lawmakers in Denver gave permission to Live Nation’s Ticketmaster and AEG’s AXS to deceive consumers when tickets go on sale, and to turn a blind eye to illegal software bots that scoop up tickets before humans can instead of reporting their usage to law enforcement. As such, the Ticket Buyer Bill of Rights Coalition, including some of America’s leading consumer protection organizations, are now calling on Colorado Governor Jared Polis to veto SB23-60.

While consumer advocates initially opposed SB23-060, through the amendment process it eventually earned the endorsement of consumer advocates despite remaining flawed in several ways. As lawmakers today removed these vital consumer protections and transparency measures, referring to the amendments as “unworkable and unworthy,” these organizations rescind their support.

The original draft of Senate Bill 23-060 while titled “Consumer Protection in Event Ticketing Sales” was not designed to protect consumers. Instead, it cleverly consolidated power to favor the ticketing duopoly of Ticketmaster and AXS to the detriment of the very “consumers” the bill claimed to protect. These were the companies that pushed for the legislation and participated in its initial drafting. The Colorado House of Representatives amended the bill to include two vital consumer protections – the disclosure of deceptive “ticket holdbacks” that involve tickets secretly not being made available when tickets go on sale to the public, and the reporting of illegal software bot usage when buying tickets.

“Governor Polis should take advantage of this opportunity to level the playing field for consumers,” said Erin Witte, Director of Consumer Protection for Consumer Federation of America. “Fans deserve to be prioritized, not deceived and forced to compete with bots to see their favorite artists.”

“Live event fans in Colorado deserve better than a bill that will reinforce the market dominance of a multi-billion-dollar live event monopolist,” said John Breyault, Vice President of Public Policy, Telecommunications, and Fraud at the National Consumers League. “We urge Governor Polis to veto this bill and stand with fans who are tired of fighting a rigged system just to get tickets to their favorite events.”

"There was nothing about these amendments that were 'unworthy' or 'unworkable,’ in fact the opposite is true," said Brian Hess, Executive Director for Sports Fans Coalition. Today's conference committee proves that consumers were never at the heart of this bill. It's bad for sports fans, it's bad for consumers, it's bad for Colorado. Governor Polis should veto this bill immediately upon passage."

Ticket holdbacks are deceptive: Sellers withhold up to HALF of all tickets for shows.

This is a well-documented problem that has been investigated by the US GAO, New York Attorney General, and the City and County of Honolulu. It is not uncommon for up to half of the tickets for an event to be secretly held back from the public when tickets go on sale. This scheme was a huge problem for the Taylor Swift tour, as was documented by the Wall Street Journal. The Journal estimated that 94% of Swift tickets were held back for those with special or exclusive access. Yet while Ticketmaster initially claimed tickets had sold out, still today Ticketmaster continues to send out access codes for held back Taylor Swift tickets.

This deceptive industry scheme creates fake scarcity to induce a ticket-buying frenzy so that consumers panic, and in believing there are scarce tickets left, are compelled to buy now. Consumers without special or exclusive access to pre-sales are abused during the public on-sale of tickets, where they may miss work and spend hours in an online waiting room only to be left with intentionally opaque options. When the true inventory of tickets is not presented to fans, they are not capable of making the best possible purchase decision.  

Ticket Bots are Illegal and Should Be Reported to Law Enforcement

Software bots used to purchase tickets may certainly be a problem, but they are also an easy scapegoat for Ticketmaster and AXS. These corporations blame bots for ruining the fan experience, but the fact is federal law already prohibits the use of bots to buy tickets to events. This law has only been enforced once, however, because these ticket sellers are not reporting this insidious activity to law enforcement. Due to their substantial size in the marketplace, these companies are in the best position to stop bots by coordinating with law enforcement, and reporting requirements are a logical step to improving the fan experience. Unfortunately, a requirement to report bot usage to law enforcement was removed from SB23-060 today.  

###

The Ticket Buyer Bill of Rights Coalition was founded in February 2023 by leading consumer and fan advocacy organizations to offer a framework for ticketing legislation that can improve the market that serves millions of fans each year. The Bill of Rights features five pillars; The Right to Transferability, The Right to Transparency, The Right to Set the Price, The Right to a Fair Marketplace and The Right to Recourse. www.ticketbuyerbillofrights.org. The Ticket Buyer’s Bill of Rights has been endorsed by National Consumers League, Consumer Federation of America, Consumer Federation of California Consumer Action, National Association of Consumer Advocates, Public Knowledge, Sports Fans Coalition, Virginia Citizen Consumer Council, Protect Ticket Rights, and Fan Freedom.

Open Letter to Colorado State Senate

April 26, 2023

Re: Please concur with the House amendments to SB 23-060

Dear Senator:

We, the undersigned national consumer protection and live event fan advocates, launched the Ticket Buyer Bill of Rights, a framework for ticketing legislation that can improve the live events ticketing market that serves millions of fans each year. We are writing with regards to SB23-060, Consumer Protection in Event Ticket Sales. We urge the Senate to concur with the House amendments. 

We opposed the introduced version of the bill because of a number of provisions intended to concentrate power in the industry and put consumers at a disadvantage. However, we are pleased to share that we now support the amended version of SB23-060 because the House Business Affairs and Labor Committee added vital consumer protections to the bill through amendment L033. 

This amendment requires ticket sellers to report illegal bot activity and requires ticket sellers to disclose how many tickets they are “holding back” for any event. These consumer protections align with our Ticket Buyer Bill of Rights. We support these provisions, and amendment L033, which requires sellers to reveal the number of tickets they would otherwise secretly hold back from the public on-sale of tickets. This added transparency will end a deceptive trade practice and will provide more information to consumers so they are better informed when shopping for tickets. To ease compliance on small, local venues in Colorado, the House exempted venues under 2,000 seats from having to disclose ticket holdbacks. 

While you may be contacted by large and powerful players in the live events system with their rhetorical talking points opposing the holdback provision, please hold the line. Support for holdback disclosures is broad. In fact, just last month, legislation was introduced in the United States Senate that includes similar transparency disclosure around deceptive ticket holdbacks.

Ticket holdbacks are deceptive: Sellers withhold up to HALF of all tickets for shows.

This is a well-documented problem that has been investigated by the US GAO, New York Attorney General, and the City and County of Honolulu. It is not uncommon for up to half of the tickets for an event to be secretly held back from the public when tickets go on sale. This scheme was a huge problem for the Taylor Swift tour, as was documented by the Wall Street Journal. The Journal estimated that 94% of Swift tickets were held back for those with special or exclusive access. Yet while Ticketmaster initially claimed tickets had sold out, still today Ticketmaster continues to send out access codes for held back Taylor Swift tickets.

This deceptive industry scheme creates fake scarcity to induce a ticket-buying frenzy so that consumers panic, and in believing there are scarce tickets left, are compelled to buy now. Consumers without special or exclusive access to pre-sales are abused during the public on-sale of tickets, where they may miss work and spend hours in an online waiting room only to be left with intentionally opaque options. When the true inventory of tickets is not presented to fans, they are not capable of making the best possible purchase decision.  

Transparency is needed in the ticket market; Beginning with revealing true inventory of tickets 

It is critical that those selling tickets in the primary market (venue box offices, and contracted primary ticketing companies like Ticketmaster and AXS) reveal to consumers how many tickets they are secretly “holding back” from fans when tickets go on sale. This way, when informed about how more tickets will be released for sale in the coming days, weeks, and months, they can better choose whether to buy now, wait, or comparison shop elsewhere. An informed consumer is a more empowered consumer. 

We, the undersigned organizations, support SB23-060 as amended with amendment L033 and we encourage its passage in its current form to maintain critical holdback transparency.

Sincerely,

John Breyault, Vice President Public Policy, Telecommunications, and Fraud, National Consumers League

Erin Witte, Director of Consumer Protection, Consumer Federation of America 

Greg Guice, Director of Government Affairs, Public Knowledge

Brian Hess, Executive Director, Sports Fans Coalition

Chris VanDeHoef, President, Fan Freedom

Gary Adler, Executive Director, Protect Ticket Rights 

Letter to Colorado Lawmakers about SB 23-060 amendments

March 25, 2023

Dear Colorado Lawmaker:

We, the undersigned national consumer protection and live event fan advocates, launched the Ticket Buyer Bill of Rights(www.ticketbuyerbillofrights.org) earlier this month, a framework for ticketing legislation that can improve the live events ticketing market that serves millions of fans each year. We are writing with regards to SB23-060, Consumer Protection in Event Ticket Sales.

We opposed the initial version of the bill because of a number of provisions intended to concentrate power in the industry and put consumers at a disadvantage. However, we are pleased to share that we now support the amended version of SB 23-060 because the House Business Affairs and Labor Committee added vital consumer protections to the bill through amendment L033. This amendment requires the reporting of illegal bot activity and requires transparency of ticket holdbacks. These consumer protections align with our Ticket Buyer Bill of Rights. We support these provisions, and amendment L033 requires sellers to reveal the number of tickets they would otherwise secretly hold back from the public on-sale of tickets. This added transparency will end a deceptive trade practice and will provide more information to consumers so they are better informed when shopping for tickets. We will continue to support this legislation so long as amendment L033 remains in the bill. We encourage you to protect Colorado’s consumers and ensure that this amendment remains in the bill.

While you may be contacted by large and powerful players in the live events marketplace with their rhetorical talking points opposing the holdback provision, please hold the line. Support for holdback disclosures is broad. In fact, this week, legislation was introduced in the United States Senate that includes similar transparency disclosure around deceptive ticket holdbacks.

Ticket holdbacks are deceptive: Sellers withhold up to HALF of all tickets for shows.

This is a well-documented problem that has been investigated by the US GAO, New York Attorney General, and the City and County of Honolulu. This was a huge problem for the Taylor Swift tour, as was documented by the Wall Street Journal. The Journal estimated that 94% of Swift tickets were held back for those with special or exclusive access. Even today, Ticketmaster continues to send out access codes for held back Taylor Swift tickets.

This deceptive industry scheme creates fake scarcity to induce a ticket buying frenzy so that consumers panic, and in believing there are scarce tickets left, are compelled into buying now. Consumers without special or exclusive access to pre-sales are abused during the public on-sale of tickets where they may miss work and spend hours in an online waiting room only to be left with intentionally opaque options. When the true inventory of tickets is not presented to fans, they are not capable of making the best possible purchase decision. 

Transparency is needed in the ticket market; Beginning with revealing true inventory of tickets

It is critical that those selling tickets in the primary market (venue box offices, and contracted primary ticketing companies like Ticketmaster and AXS) reveal to consumers how many tickets they are secretly “holding back” from fans when tickets go on sale. This way, when informed about how more tickets will be released for sale in the coming days, weeks, and months, they can better choose whether to buy now, wait, or comparison shop elsewhere. An informed consumer is a more empowered consumer.

There are a few other remaining anti-competitive provisions that favor only one side of the industry that we would like to see fixed. However, the inclusion of the holdbacks provision is such an important win for consumers that we, the undersigned organizations, support SB 23-060 as amended with amendment L033 and encourage you to do the same.

Sincerely,

John Breyault, Vice President Public Policy, Telecommunications, and Fraud -  National Consumers League

Erin Witte, Director of Consumer Protection, Consumer Federation of America

Greg Guice, Director of Government Affairs, Public Knowledge

Brian Hess, Executive Director, Sports Fans Coalition

Chris VanDeHoef, President, Fan Freedom

Gary Adler, Executive Director, Protect Ticket Rights

Trying to buy last-minute Taylor Swift tickets? Watch out for scams