A1544

An Act concerning ticket sales and resales and revising and supplementing P.L.1983, c.135 and amending P.L.2019, c.8.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1983, c.135 (C.56:8-26) is amended to read as follows:

1. As used in this act:

a. "Director" means the director of the Division of Consumer Affairs in the Department of Law and Public Safety.

b. "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

c. "Person" means corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals.

d. "Place of entertainment" means any privately or publicly owned and operated entertainment facility within this State, such as a theater, stadium, museum, arena, racetrack or other place where performances, concerts, exhibits, games or contests are held and for which an entry fee is charged.

e. "Ticket" means any physical, electronic, or other evidence [that the possessor of that evidence has a license] of a right of admission to enter a place of entertainment for one or more events at the place of entertainment, at the date and time or dates and times specified on the ticket[, subject to the terms and conditions specified by the ticket issuer].

f. "Ticket broker" means any person situated in and operating in this State who is involved in the business of reselling tickets of admission to places of entertainment and who charges a premium in excess of the price, plus taxes, printed on the tickets. For the purposes of P.L.1983, c.135 (C.56:8-26 et seq.), the term "ticket broker" shall not include an individual not regularly engaged in the business of reselling tickets, who resells less than 30 tickets during any one-year period, and who obtained the tickets for his own use, or the use of his family, friends, or acquaintances.

g. "Resale" means a sale by a person other than the owner or operator of a place of entertainment or of the entertainment event or an agent of any such person. [Resale shall not include the first sale or distribution of a ticket by a ticket issuer.]

h. "Resell" means to offer for resale or to consummate a resale.

i. "Digger" means a person temporarily hired for the purpose of securing tickets by intimidating a purchaser waiting in line to procure event tickets.

j. "Reseller" means any person or entity, other than a ticket issuer [or ticket resale website,] who resells a ticket.

k. "Ticket issuer" means any person or entity, other than a [ticket resale website, or] reseller, that makes tickets available, directly or indirectly, for sale to the general public, and may include, as applicable, the owner or operator of a place of entertainment, the producer or promoter of an event, a sports team or sports league [of teams], a theater company, musical group or similar participant in an event, or an agent for any such person or entity.

l. ["Ticket resale website" means an online platform that provides a forum for the buying and selling of tickets, but does not include a ticket broker, ticket issuer, reseller, or place of entertainment.] Deleted by amendment, P.L. , c. (C. ) (pending before the Legislature as this bill)

m. “Non-transferable ticketing system” means a ticketing system that, through contractual or technological means, restricts the ability of a ticket purchaser to use, give away, or resell a ticket purchased through the system.

n. “Status or affiliation” means any status or affiliation of an individual or group, and includes, but is not limited to, an individual or group characterized by a disability or membership in a religious or civic organization.

o. “Internet domain name” means a globally unique, hierarchical reference to an Internet host or service, which is assigned through centralized Internet naming authorities, and which is comprised of a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.

p. “Ticket website” means an Internet website advertising or offering, for sale or for resale, tickets to any event at a place of entertainment in New Jersey.

q. “Website operator” means a person owning, operating, or controlling a ticket website for any event at a place of entertainment in New Jersey.

(cf: P.L.2018, c.117, s.1)

2. 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 for a period of not less than two 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;

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. Disclosing the full ticket price pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2001, c.394, s.2)

3. Sections 8 and 9 of P.L.1983, c.135 (C.56:8-33 and C.56:8-34) are repealed.

4. (New section) a. (1) For online and electronic ticket sales, the full price of a ticket, including all fees and charges, shall be disclosed to the purchaser in a clear, prominent, and conspicuous manner, expressed in United States dollars, by any person, reseller, ticket broker, ticket issuer, or ticket website. The full price shall be disclosed from the first instance it is displayed, including in search results, seat maps, or availability listings.

(2) For physical or in-person ticket sales, the full price, including all fees and charges, shall be clearly posted at the point of sale, and, if applicable, printed on the ticket itself or on a receipt provided at purchase.

(3) Before selecting a ticket to purchase, the full price shall include an itemized breakdown of all ancillary fees, service charges, processing charges, and any other charge associated with the sale or resale of the ticket.

(4) The disclosures required pursuant to this subsection shall be made prior to the selection or reservation of the ticket by the purchaser.

(5) Once the full price is disclosed to the purchaser pursuant to this subsection, no additional fees shall be imposed.

b. (1) No delivery fee shall be charged for tickets delivered electronically or tickets that may be printed independently by the purchaser. A reasonable, clearly disclosed delivery fee may be charged for non-electronic tickets based on the method selected by the purchaser.

(2) A place of entertainment, or its agent, shall not charge the purchaser any amount in excess of the full ticket price previously disclosed plus lawful taxes, except as provided in paragraph (3) of this subsection. This prohibition applies regardless of whether the fee is labeled a service charge, gratuity, convenience fee, or otherwise, and applies to physical tickets and electronic-based tickets.

(3) Nothing in this subsection shall prohibit:

(a) fees for credit card transactions;

(b) physical mailing or shipping of non-electronic tickets; and

(c) the initial sale of tickets through an auction process conducted by the place of entertainment, or an agent acting on its behalf.

c. Nothing in this section shall:

(1) be construed to nullify, expand or restrict or otherwise amend P.L.1983, c.135 (C.56:8-26 et seq.), including subsection i. of section 2 of P.L.1983, c.135 (C.56:8-27) regarding the disclosure of “try and get” policies to purchasers by ticket brokers and paragraph (1) of subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) regarding tentative ticket policies of resellers and disclosure of the policies to purchasers, or rules and regulations promulgated by the division to effectuate the purposes of P.L.1983, c.135 (C.56:8-26 et seq.); or

(2) make lawful any fraudulent, deceptive, or illegal act or practice that is unlawful pursuant to P.L.1983, c.135 (C.56:8-26 et seq.) or rules and regulations promulgated by the division to effectuate the purposes thereof.

5. (New section) a. Any ticket issuer employing a non-transferable ticketing system shall offer purchasers the option, at the time of initial sale, to purchase the same ticket in a transferable format, independent of the ticket issuer or website of the ticket issuer, at no additional cost.

b. Notwithstanding the provisions of subsection a. of this section, a ticket issuer may offer tickets to an individual or group at a discounted price, as part of a targeted promotion, or tickets to a private event that are offered based on status or affiliation through a non-transferable ticketing system without offering an option to purchase tickets in a transferable form. Any ticket issued through a non-transferable ticketing system pursuant to this subsection:

(1) shall not be offered promotionally to the general public; and

(2) shall be clearly marked as a ticket restricted to the specified purchaser or group.

c. A ticket issuer may:

(1) maintain and enforce policies with respect to conduct, behavior, or age at the venue or entertainment event;

(2) establish limits on the quantity of tickets that may be purchased; and

(3) revoke or restrict season tickets for reasons related to violations of venue policy, including:

(a) attempts by two or more individuals to gain admission to the same entertainment event using tickets purchased in a resale transaction, with each individual presenting copies of the same ticket;

(b) concerns regarding the protection or safety of individuals; and

d. No ticket issuer, venue, or event organizer shall penalize, deny entry to, revoke access to, or impose any form of restriction on a ticket purchaser based solely on the fact that:

(1) the purchaser resold a ticket; or

(2) the ticket in the possession of the purchaser was purchased from a reseller.

e. (1) No reseller other than a registered ticket broker shall resell or purchase a ticket with the intent to resell the ticket for admission to a place of entertainment at a maximum premium in excess of 20 percent of the ticket price, or $3, whichever is greater, plus lawful taxes. No registered ticket broker shall resell or purchase a ticket with the intent to resell the ticket for admission to a place of entertainment at a premium in excess of 50 percent of the price paid to acquire the ticket, plus lawful taxes.

(2) No ticket issuer shall require, directly or indirectly, that a ticket resale occur exclusively through a platform or marketplace owned, operated, or designated by the issuer. A ticket holder shall be free to resell the ticket on any lawful secondary marketplace, including a ticket website, of the ticket holder’s choosing.

(3) No ticket issuer, venue, or event organizer shall use technological restrictions, including, but not limited to, dynamically refreshing barcodes or mandatory credit card or identification verification at entry, in a manner that prevents the lawful resale or transfer of a ticket.

f. Notwithstanding the provisions of paragraph (1) of subsection e. 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 that the resale or purchase is made through an Internet website.

g. No person shall resell or purchase a ticket with the intent to resell any ticket along 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 by a place of entertainment provided the ticket was originally purchased for the personal use of the person or a family member and is to be resold at no greater than the lawful price permitted pursuant to P.L.1983, c.135 (C.56:8-26 et seq.).

6. (New section) a. To ensure fair ticketing practices and to safeguard consumers, the following requirements shall apply:

(1) A reseller shall not sell a ticket for the same seat to more than one person at the same time.

(2) No reseller shall sell tickets that are not lawfully in the reseller’s possession or under contract for delivery without the reseller providing clear and conspicuous disclosure to the purchaser that the ticket or tickets are not yet secured. If the reseller is unsuccessful in securing the ticket or tickets, the reseller shall refund any deposit made by a purchaser within 10 days after the event.

(3) If a reseller offers multiple tickets for sale, the reseller shall clearly disclose the zone and section of the seats, if the tickets are guaranteed to be located next to each other, and the specific seat numbers if known. If the tickets are not guaranteed to be located next to each other, the reseller shall disclose this to a purchaser.

(4) It shall be unlawful for an original seller to fail to deliver an electronic ticket to a purchaser within 72 hours of order confirmation, provided, however, that if the purchase occurs within 72 hours of an event, the original seller shall deliver the ticket as soon as reasonably possible following the order confirmation.

(5) If an event is canceled, all ticket issuers and resellers shall process full refunds, including all fees, within seven days of the cancellation. If the refund is not provided within seven days, the consumer shall be entitled to twice the amount of the original purchase price, inclusive of all fees.

b. In addition to the requirements of paragraph (5) of subsection a. of this section, any reseller shall guarantee to each purchaser of resold tickets that the reseller will provide a full refund of the amount paid by the purchaser, including, but not limited to, all fees, regardless of how it is characterized, if any of the following occurs:

(1) 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:

(a) the ticket is counterfeit;

(b) the ticket purchase has been cancelled by the ticket issuer due to non-payment; or

(c) the event described on the ticket was cancelled for any reason prior to purchase of the resold ticket, unless the ticket purchase is cancelled due to an act or omission by the purchaser; or

(2) the ticket fails to conform to its description as advertised or guaranteed.

7. (New section) No person shall use, develop, distribute, or employ any means, method, software, technology, or automated system that:

a. disguises the identity of the purchaser for the purposes of obtaining tickets in excess of the authorized limits set by the ticket issuer;

b. bypasses or circumvents ticket purchase limits, waiting queues, CAPTCHA systems, or security features designed to ensure fair ticket distribution; or

c. uses multiple accounts, false identities, or automated ticket purchasing software, including, but not limited to, the use of “bots,” to gain an unfair advantage in ticket sales.

8. (New section) a. Unless disclosed at the time of the initial sale and an alternative transferable ticket option is provided to consumers, a ticket issuer shall not require:

(1) the use of a proprietary digital ticketing system that prevents or limits the resale, transfer, or gifting of a ticket; and

(2) credit card or government-issued identification verification for entry.

b. No ticket issuer shall use dynamic barcode systems that automatically refresh and prevent ticket transfers or resales outside of the issuer’s platform.

c. Any restriction on ticket transferability for certain categories of tickets, including but not limited to VIP packages, presale discounts, or promotional offers, shall be clearly disclosed at the time of sale, and a full refund policy shall be provided if the purchaser is unable to attend the event.

d. A ticket reseller or resale platform shall guarantee that tickets sold by the ticket reseller are valid for event entry. Any ticket found to be invalid shall entitle the purchaser to a full refund, including all associated fees, within seven business days.

9. (New section) For any ticketed event with a capacity exceeding 3,500 attendees, the ticket issuer shall publicly disclose, at least seven days prior to the public sale of tickets, the percentage of tickets allocated for presale, artist holds, sponsor allocations, and the general public.

10. Section 1 of P.L.2019, c.8 (C.56:8-35.5) is amended to read as follows:

1. a. [As used in this section:

"Internet domain name" means a globally unique, hierarchical reference to an Internet host or service, which is assigned through centralized Internet naming authorities and which is comprised of a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.

"Ticket website" means an Internet website advertising, offering for sale, selling, or reselling tickets to any event at a place of entertainment in New Jersey.

"Website operator" means a person owning, operating, or controlling a ticket website for any event at a place of entertainment in New Jersey.] (Deleted by amendment, P.L. , c. )(pending before the Legislature as this bill)

b. Any ticket issuer operating a ticket website that facilitates the resale of tickets to events held in the State or that redirects a consumer to a secondary website for the resale of tickets shall clearly and conspicuously disclose, using font of a size no smaller than 12-point bold type, the following:

(1) the website is a secondary ticket resale platform not affiliated with the original ticket issuer, unless explicitly stated that it is affiliated with the issuer;

(2) tickets listed may be priced above or below the price originally or currently offered by the original ticket issuer or other marketplaces;

(3) the availability of tickets on the platform does not imply availability or unavailability through the original issuer or other marketplaces;

(4) the reseller’s refund policies for canceled or postponed events; and

(5) pursuant to paragraph (2) of subsection a. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the full price of the ticket as printed or as stated by the original ticket issuer, when the information is available.

c. (1) Except as provided in paragraph (2) of this subsection, a website operator shall not sell or offer to sell a ticket to a New Jersey resident through a ticket website if the website operator intentionally uses an Internet domain name that contains any of the following:

(a) the name of the place of entertainment or any name that is substantially similar; or

(b) the name of the event or any name that is substantially similar, including the name of the person or entity scheduled to perform or appear at the place of entertainment.

(2) Paragraph (1) of this subsection shall not apply to a website operator who is authorized by the place of entertainment to act on its behalf.

d. A website operator, as defined pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall display on the website:

(1) the total number of tickets per venue that will be made available;

(2) the number of tickets that had been released to date; and

(3) the number of tickets that had been sold to date.

[c.] e. A violation of subsection [b.] c. of this section is an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).

(cf: P.L.2019, c.8, s.1)

11. (New section) The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall apply to all ticket sales and resales for events occurring in the State of New Jersey, regardless of the location of the purchaser or seller.

12. (New section) a. A consumer may file a complaint regarding a violation of P.L. , c. (C. ) (pending before the Legislature as this bill) with the division. A complaint may include, but is not limited to:

(1) improper resale restrictions imposed by a ticket issuer or venue;

(2) price gouging or failure to disclose all fees at the time of purchase;

(3) non-compliance with refund policies for canceled or postponed events; or

(4) the use of bots or automated systems to unfairly restrict public access to tickets.

b. The division shall have the authority to:

(1) investigate consumer complaints and issue findings; and

(2) impose penalties for violations of P.L. , c. (C. ) (pending before the Legislature as this bill), including:

(a) a civil fine of up to $1,000 for violations of subsection g. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(b) a civil fine of up to $50,000 per offense for violations of the following provisions: section 2 of P.L.1983, c.135 (C.56:8-27); subsections a. and b. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill); subsections a. and d. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill); subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill); section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill); subsections a. and b. of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill); section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill); and subsections b., c., and d. of section 10 of P.L.2019, c.8 (C.56:8-35.5).

c. In addition to any civil penalties imposed pursuant to this section of P.L. , c. (C. ) (pending before the Legislature as this bill), the division may impose other remedies, including:

(1) restitution for affected consumers, including but not limited to, refunds for improper fees or denied event access due to unlawful restrictions;

(2) injunctive relief, including suspension of ticketing privileges for sellers; and

(3) public enforcement disclosures, as determined by the division.

d. The division shall review and respond to all complaints filed under this section within 30 calendar days and shall notify the complainant of any findings or actions taken.

e. The division shall maintain a publicly accessible database of enforcement actions taken against ticket issuers, venues, and resellers that violate P.L. , c. (C. ) (pending before the Legislature as this bill).

f. The division shall have the power to investigate alleged violations of P.L.1983, c.135, P.L.2019, c.8, and P.L. , c. (C. ) (pending before the Legislature as this bill) and impose penalties pursuant to subsections b. and c. of this section without receiving consumer complaints.

13. This act shall take effect on the first day of the third month next following enactment and shall apply to ticket sales or resales made on or after the effective date.

STATEMENT

This bill updates current law on ticket sales and resales by establishing comprehensive consumer protections in the live event ticketing marketplace. It is designed to address longstanding concerns about lack of transparency, price inflation, and limited transferability of tickets. The bill ensures that consumers have the ability to freely use, give away, or resell tickets without being subjected to unfair restrictions or deceptive practices by the ticket issuers or platforms.

The bill requires the disclosure of the full ticket price of online and electronic tickets – including all fees – from the first instance the ticket is displayed. For physical or in-person tickets, the full price is to be clearly posted at the point of sale. The bill prohibits any increase in price during the purchase process. It additionally restricts the imposition of delivery fees for electronic or print-at-home tickets and limits surcharges at the box office. Consumers are to have a clear, itemized breakdown before selecting a ticket for purchase.

To preserve consumer choice, the bill prohibits ticket issuers from mandating resale through a specific platform. It also requires issuers using non-transferable ticketing systems to offer an equivalent transferable ticket option. Consumers are not to be penalized or denied entry solely because a ticket was purchased through a legal resale channel.

Additional provisions bar speculative ticket sales without disclosure, mandate full refunds for canceled events, and guarantee refund rights if resold tickets are invalid or misrepresented. Resellers are prohibited from double-selling the same ticket or concealing ticket location details when selling multiple tickets. The bill also makes it a fourth-degree crime to use bots or software that bypasses ticket limits, CAPTCHA protections, or waiting rooms. It establishes escalating fines and a permanent ban from the resale market for repeat offenders.

For events with over 3,500 attendees, ticket issuers are to publicly disclose the percentage of tickets allocated for presale, artist holds, sponsors, and general public sale at least seven days before tickets go on sale. The bill amends current law to strengthen consumer protections on ticket websites focused on resales. It requires disclosures about pricing, affiliations, and refund policies, prohibits misleading domain names, and mandates public posting of available ticket inventory.

Finally, the bill empowers the Division of Consumer Affairs to enforce all provisions, investigate complaints, impose penalties of up to $50,000 per violation, order restitution, and maintain a public registry of licensed ticket brokers.