Revision: May 14, 2024, 1:12 p.m.
Commerce
May 14, 2024
2024-1932s
06/08
Amendment to HB 1241
Amend the title of the bill by replacing it with the following:
AN ACT relative to the regulation of money transmitters, license applications and renewals for certain consumer credit entities, and to deceptive ticket sale practices.
Amend the bill by replacing all after section 5 with the following:
6 New Paragraph; Regulation of Business Practices for Consumer Protection; Acts Unlawful; Unauthorized Resellers. Amend RSA 358-A:2 by inserting after paragraph XVIII the following new paragraph:
XIX.(a) In this paragraph:
(1) “Clear and conspicuous” or “clearly and conspicuously” means that a required disclosure is difficult to miss (i.e., easily noticeable) and easily understandable by ordinary consumers.
(2) "Resale" means the second or subsequent sale of a ticket. "Resale" includes a sale by any means, including in person, by telephone, by mail, by e-mail, by facsimile, or through a website or other electronic means.
(3) "Reseller" means a person engaged in the resale of tickets.
(4) "Secondary ticket exchange" means an electronic marketplace that enables consumers to sell, purchase, and resell tickets.
(5) "Ticket" means physical, electronic, or other evidence, that grants the possessor of the evidence license to enter a place of entertainment for one or more events at a specified date and time.
(6) "Ticket Issuer" means a person that, directly or indirectly, issues initial tickets for an entertainment event. "Ticket issuer" includes a musician or musical group, an operator of a venue, a sponsor or a promoter of an entertainment event, a sports team participating in an entertainment event, a sports league whose teams are participating in an entertainment event, a theater company, a marketplace or service operated for consumers to make an initial purchase of tickets, or an agent of any of the persons listed in this subparagraph.
(7) “URL” means the Uniform Resource Locator associated with an online website.
(b) This subparagraph applies only to secondary ticket exchanges, ticket issuers, resellers, and any person selling or reselling a ticket. The listing for a ticket shall:
(1) Clearly and conspicuously disclose the total price of the ticket, including all fees and surcharges required to be paid in order to purchase the ticket, from the first time a price is displayed and anytime thereafter;
(2) Not increase the total price of the ticket from the first time a price is displayed, excluding the addition of reasonable postage or carrier charges incurred to ship non-electronic tickets based on the location or delivery method selected by the purchaser, which shall be disclosed and added to the total cost prior to purchase; and
(3) Identify the row number and zone or section of the ticket, to the extent applicable to the seat and venue.
(c) This subparagraph shall not apply to a person who is acting on behalf of a ticket issuer. A person who owns, operates, or controls a website to sell, resell, or facilitate the sale or resale of a ticket may not use or display:
(1) Any trademarked or copyrighted URL, title, designation, image, mark, or any other symbol of a ticket issuer; or
(2) Any combination of text, images, website, graphics, website display, or website addresses that is substantially similar to the website of a ticket issuer in a manner that could reasonably be expected to mislead a potential purchaser.
(3) This subparagraph does not prohibit a reseller or secondary ticketing exchange from using text or images containing the name of a ticket issuer, a place of entertainment, or an event in order to:
(A) Describe an event;
(B) Identify the location at which the event will occur; or
(C) Identify the space within the venue that the event ticket would or has entitled the bearer to occupy for an entertainment event.
I. Sections 1 through 5 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect January 1, 2025.
2024-1932s
AMENDED ANALYSIS
This bill:
I. Adopts the model money transmission modernization act.
II. Adjusts renewal procedures for certain consumer credit entities to align with those in the model money transmission.
III. Regulates secondary ticket exchanges, ticket issuers, and resellers.