AB 1349: Consumer protection: ticket sellers.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2026-09-27
Current Status:
Passed
(2026-09-27: Chaptered by Secretary of State - Chapter 474, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Existing law provides comprehensive regulation of ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to a sporting, musical, theater, or any other entertainment event. In this regard, existing law, among other things, prohibits specified ticket selling practices and imposes certain recordkeeping and disclosure requirements. If an event is canceled, existing law requires that the ticket price be fully refunded to the consumer whether by an original seller, event presenter, ticket reseller, or ticket resale marketplace, as specified. If an event is postponed, rescheduled, or replaced with another event at the same date and time, existing law requires the ticket seller to fully refund the purchaser upon request, as provided. Existing law makes a violation of those provisions a misdemeanor, and imposes civil penalties for certain violations.
Existing unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Existing law makes it unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim. Existing law makes a person who violates specified false advertising provisions liable for a civil penalty, as specified, and provides that a person who violates those false advertising provisions is guilty of a misdemeanor.
This bill would generally revise and recast the provisions regulating the sale of event tickets to impose similar requirements, as applicable, to original sellers, event presenters, ticket resellers, and ticket resale marketplaces, as defined.
This bill would prohibit a ticket seller from engaging in a speculative ticket sale, as defined. The bill would require that a ticket resale marketplace implement reasonable measures designed to prevent speculative ticket sales on its platform. The bill would make an original seller, ticket reseller, or ticket retail marketplace that violates particular law and fails to supply a ticket, as specified, civilly liable to the ticket purchaser for 2 times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event, and other fees and costs.
This bill would make certain acts unlawful, including purchasing tickets in excess of posted limits for an online event ticket sale and circumventing or evading a ticket distribution control, as specified. The bill would also prohibit a person from using an internet website or address that is substantially similar to the internet website of an event presenter, venue operator, rights holder, original seller, or an authorized agent with intent to confuse or deceive consumers, as specified. The bill would make a violation of these provisions false or misleading advertising. By expanding the scope of a crime, this bill would impose a state-mandated local program.
By expanding the scope of certain requirements related to selling tickets, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides comprehensive regulation of ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to a sporting, musical, theater, or any other entertainment event. In this regard, existing law, among other things, prohibits specified ticket selling practices and imposes certain recordkeeping and disclosure requirements. If an event is canceled, existing law requires that the ticket price be fully refunded to the consumer whether by an original seller, event presenter, ticket reseller, or ticket resale marketplace, as specified. If an event is postponed, rescheduled, or replaced with another event at the same date and time, existing law requires the ticket seller to fully refund the purchaser upon request, as provided. Existing law makes a violation of those provisions a misdemeanor, and imposes civil penalties for certain violations.
Existing unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Existing law makes it unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim. Existing law makes a person who violates specified false advertising provisions liable for a civil penalty, as specified, and provides that a person who violates those false advertising provisions is guilty of a misdemeanor.
This bill would generally revise and recast the provisions regulating the sale of event tickets to impose similar requirements, as applicable, to original sellers, event presenters, ticket resellers, and ticket resale marketplaces, as defined.
This bill would prohibit a ticket seller from engaging in a speculative ticket sale, as defined. The bill would require that a ticket resale marketplace implement reasonable measures designed to prevent speculative ticket sales on its platform. The bill would make an original seller, ticket reseller, or ticket retail marketplace that violates particular law and fails to supply a ticket, as specified, civilly liable to the ticket purchaser for 2 times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event, and other fees and costs.
This bill would make certain acts unlawful, including purchasing tickets in excess of posted limits for an online event ticket sale and circumventing or evading a ticket distribution control, as specified. The bill would also prohibit a person from using an internet website or address that is substantially similar to the internet website of an event presenter, venue operator, rights holder, original seller, or an authorized agent with intent to confuse or deceive consumers, as specified. The bill would make a violation of these provisions false or misleading advertising. By expanding the scope of a crime, this bill would impose a state-mandated local program.
By expanding the scope of certain requirements related to selling tickets, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides comprehensive regulation of ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to a sporting, musical, theater, or any other entertainment event. In this regard, existing law, among other things, prohibits specified ticket selling practices and imposes certain recordkeeping and disclosure requirements. If an event is canceled, existing law requires that the ticket price be fully refunded to the consumer whether by an original seller, event presenter, ticket reseller, or ticket resale marketplace, as specified. If an event is postponed, rescheduled, or replaced with another event at the same date and time, existing law requires the ticket seller to fully refund the purchaser upon request, as provided. Existing law makes a violation of those provisions a misdemeanor, and imposes civil penalties for certain violations.
Existing unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Existing law makes it unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim. Existing law makes a person who violates specified false advertising provisions liable for a civil penalty, as specified, and provides that a person who violates those false advertising provisions is guilty of a misdemeanor.
This bill would generally revise and recast the provisions regulating the sale of event tickets to impose similar requirements, as applicable, to original sellers, event presenters, ticket resellers, and ticket resale marketplaces, as defined.
This bill would prohibit a ticket seller from engaging in a speculative ticket sale, as defined. The bill would require that a ticket resale marketplace implement reasonable measures designed to prevent speculative ticket sales on its platform. The bill would make an original seller, ticket reseller, or ticket retail marketplace that violates particular law and fails to supply a ticket, as specified, civilly liable to the ticket purchaser for 2 times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event, and other fees and costs.
This bill would make certain acts unlawful, including purchasing tickets in excess of posted limits for an online event ticket sale and circumventing or evading a ticket distribution control, as specified. The bill would also prohibit a person from using an internet website or address that is substantially similar to the internet website of an event presenter, venue operator, rights holder, original seller, or an authorized agent with intent to confuse or deceive consumers, as specified. The bill would make a violation of these provisions false or misleading advertising. By expanding the scope of a crime, this bill would impose a state-mandated local program.
By expanding the scope of certain requirements related to selling those tickets, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides comprehensive regulation of ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to a sporting, musical, theater, or any other entertainment event. In this regard, existing law, among other things, prohibits specified ticket selling practices and imposes certain recordkeeping and disclosure requirements. If an event is canceled, existing law requires that the ticket price be fully refunded to the consumer whether by an original seller, event presenter, ticket reseller, or ticket resale marketplace, as specified. If an event is postponed, rescheduled, or replaced with another event at the same date and time, existing law requires the ticket seller to fully refund the purchaser upon request, as provided. Existing law makes a violation of those provisions a misdemeanor, and imposes civil penalties for certain violations.
Existing unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Existing law makes it unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim. Existing law makes a person who violates specified false advertising provisions liable for a civil penalty, as specified, and provides that a person who violates those false advertising provisions is guilty of a misdemeanor.
This bill would generally revise and recast the provisions regulating the sale of event tickets to impose similar requirements, as applicable, to original sellers, event presenters, ticket resellers, and ticket resale marketplaces, as defined.
This bill would prohibit a ticket seller from engaging in a speculative ticket sale, as defined. The bill would require that a ticket resale marketplace implement reasonable measures designed to prevent speculative ticket sales on its platform. The bill would make a violation of these provisions an unlawful business practice, as specified. The bill would make an original seller, ticket reseller, or ticket retail marketplace that violates particular law and fails to supply a ticket, as specified, civilly liable to the ticket purchaser for 2 times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event, and other fees and costs. The bill would, except as specified, prohibit an event presenter, venue operator, rights holder, original seller, or ticket seller from revoking, canceling, invalidating, denying admission, or rendering unusable a ticket based solely upon the lawful transfer or resale of that ticket.
This bill would make certain acts unlawful, including purchasing tickets in excess of posted limits for an online event ticket sale and circumventing or evading a ticket distribution control, as specified. The bill would also prohibit a person from using an internet website or address that is substantially similar to the internet website of an event presenter, venue operator, rights holder, original seller, or an authorized agent with intent to confuse or deceive consumers, as specified. The bill would make a violation of these provisions false or misleading advertising and an unlawful business practice. advertising. By expanding the scope of a crime, this bill would impose a state-mandated local program.
By expanding the scope of certain requirements related to selling those tickets, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides comprehensive regulation of ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to a sporting, musical, theater, or any other entertainment event. In this regard, existing law, among other things, prohibits specified ticket selling practices and imposes certain recordkeeping and disclosure requirements. If an event is canceled, existing law requires that the ticket price be fully refunded to the consumer whether by an original seller, event presenter, ticket reseller, or ticket resale marketplace, as specified. If an event is postponed, rescheduled, or replaced with another event at the same date and time, existing law requires the ticket seller to fully refund the purchaser upon request, as provided. Existing law makes a violation of those provisions a misdemeanor, and imposes civil penalties for certain violations.
Existing unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Existing law makes it unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim. Existing law makes a person who violates specified false advertising provisions liable for a civil penalty, as specified, and provides that a person who violates those false advertising provisions is guilty of a misdemeanor.
This bill would generally revise and recast the provisions regulating the sale of event tickets to impose similar requirements, as applicable, to original sellers, event presenters, ticket resellers, and ticket resale marketplaces, as defined. Among other changes, the bill would require that the consumer of a ticket for a canceled event, if the event presenter or venue operator is a nonprofit, be provided with the choice of a full refund for the ticket price or at least one of 3 options, including receiving a gift certificate, exchanging the ticket, or donating the ticket value, as specified. The bill would require the ticket price of an event that is postponed, rescheduled, or replaced with another event on the same date and time, at the option of the consumer, to be fully refunded or credited to the account of the consumer by the person who processed the sale of the ticket, as provided.
The bill would remove the provisions imposing a civil penalty on a ticket seller for failing to have a permanent business address or to include that address in any advertisement or solicitation. The bill, instead, would make a violation of any of the provisions regulating the sale of event tickets, as revised by the bill, punishable by a civil fine of up to $10,000. The bill would require original sellers, ticket resellers, and ticket resale marketplaces to maintain records of ticket sales, deposits, and refunds for a minimum of 12 months. TheThis bill would prohibit a ticket seller from engaging in a speculative ticket sale, as defined. The bill would require that a ticket resale marketplace implement reasonable measures designed to prevent speculative ticket sales on its platform. The bill would make a violation of these provisions an unlawful business practice, as specified. The bill would make an original seller, ticket reseller, or ticket retail marketplace that violates particular law and fails to supply a ticket, as specified, civilly liable to the ticket purchaser for 2 times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event, and other fees and costs. The bill would, except as specified, prohibit an event presenter, venue operator, rights holder, original seller, or ticket seller from revoking, canceling, invalidating, denying admission, or rendering unusable a ticket based solely upon the lawful transfer or resale of that ticket.
TheThis bill would make certain acts unlawful, including purchasing tickets in excess of posted limits for an online event ticket sale and circumventing or evading a ticket distribution control, as specified. The bill would also prohibit a person from using an internet website or address that is substantially similar to the internet website of an event presenter, venue operator, rights holder, original seller, or an authorized agent with intent to confuse or deceive consumers, as specified. The bill would make a violation of these provisions false or misleading advertising and an unlawful business practice. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The bill would revise and recast various disclosure requirements on the advertisement of tickets for sale, including requiring ticket resellers and ticket resale marketplaces to disclose the location within the entertainment venue that the ticket will permit the consumer to occupy. The bill would delete the requirement that a ticket seller disclose that a service charge is added to the price of the ticket.By expanding the scope of certain requirements related to selling those tickets, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides comprehensive regulation of ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to a sporting, musical, theater, or any other entertainment event. In this regard, existing law, among other things, prohibits specified ticket selling practices and imposes certain recordkeeping and disclosure requirements. If an event is canceled, existing law requires that the ticket price be fully refunded to the consumer whether by an original seller, event presenter, ticket reseller, or ticket resale marketplace, as specified. If an event is postponed, rescheduled, or replaced with another event at the same date and time, existing law requires the ticket seller to fully refund the purchaser upon request, as provided. Existing law makes a violation of those provisions a misdemeanor, and imposes civil penalties for certain violations.
Existing unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Existing law makes it unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim. Existing law makes a person who violates specified false advertising provisions liable for a civil penalty, as specified, and provides that a person who violates those false advertising provisions is guilty of a misdemeanor.
This bill would generally revise and recast those the provisions regulating the sale of event tickets to impose similar requirements, as applicable, to original sellers, event presenters, ticket resellers, and ticket resale marketplaces, as defined. Among other changes, the bill would require that the consumer of a ticket for a canceled event, if the event presenter or venue operator is a nonprofit, be provided with the choice of a full refund for the ticket price or at least one of 3 options, including receiving a gift certificate, exchanging the ticket, or donating the ticket value, as specified. The bill would require the ticket price of an event that is postponed, rescheduled, or replaced with another event on the same date and time, at the option of the consumer, to be fully refunded or credited to the account of the consumer by the person who processed the sale of the ticket, as provided.
The bill would increase the amount of the civil penalty that may be imposed upon remove the provisions imposing a civil penalty on a ticket seller for failing to have a permanent business address, address or to include that address in any advertisement or solicitation, or to be duly licensed as may be required by any local jurisdiction by specifying that solicitation. The bill, instead, would make a violation of any of the provisions regulating ticket sellers is the sale of event tickets, as revised by the bill, punishable by a civil fine of up to $10,000. The bill would require ticket sellers original sellers, ticket resellers, and ticket resale marketplaces to maintain records of ticket sales, deposits, and refunds for a minimum of 12 months.
The bill would require an original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, to have actual or constructive possession, as defined, of the ticket, or have the contractual right to sell the ticket. prohibit a ticket seller from engaging in a speculative ticket sale, as defined. The bill would require that a ticket resale marketplace to impose a similar requirement before accepting a ticket listing, as specified. The bill would also make it unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket if they do not have actual or constructive possession of the ticket, or have the contractual right to sell the ticket. implement reasonable measures designed to prevent speculative ticket sales on its platform. The bill would make a violation of these provisions an unlawful business practice, as specified.
The bill would make certain intentional acts unlawful, including purchasing tickets in excess of posted limits for an online event ticket sale and circumventing or disabling certain sales volume limitation systems. evading a ticket distribution control, as specified. The bill would also prohibit a ticket reseller person from using certain an internet website displays that are or address that is substantially similar to the internet website of an event presenter, venue operator, rights holder, or original seller, or any of their authorized agents, without their written consent. an authorized agent with intent to confuse or deceive consumers, as specified. The bill would make a violation of these provisions false or misleading advertising and an unlawful business practice. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The bill would revise and recast various disclosure requirements on the advertisement of tickets for sale, including requiring ticket resellers and ticket resale marketplaces to disclose the location within the entertainment venue that the ticket will permit the purchaser consumer to occupy. The bill would delete the requirement that a ticket seller disclose that a service charge is added to the price of the ticket.
By expanding the scope of certain requirements related to selling those tickets, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides comprehensive regulation of ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to a sporting, musical, theater, or any other entertainment event. In this regard, existing law, among other things, prohibits specified ticket selling practices and imposes certain recordkeeping and disclosure requirements. If an event is canceled, existing law requires that the ticket price be fully refunded to the consumer whether by an original seller, event presenter, ticket reseller, or ticket resale marketplace, as specified. If an event is postponed, rescheduled, or replaced with another event at the same date and time, existing law requires the ticket seller to fully refund the purchaser upon request, as provided. Existing law makes a violation of those provisions a misdemeanor, and imposes civil penalties for certain violations.
This bill would generally revise and recast those provisions to impose similar requirements, as applicable, to original sellers, event presenters, ticket resellers, and ticket resale marketplaces, as defined. Among other changes, the bill would require that the consumer of a ticket for a canceled event, if the event presenter or venue operator is a nonprofit, be provided with the choice of a full refund for the ticket price or at least one of 3 options, including receiving a gift certificate, exchanging the ticket, or donating the ticket value, as specified. The bill would require the ticket price of an event that is postponed, rescheduled, or replaced with another event on the same date and time, at the option of the consumer, to be fully refunded or credited to the account of the consumer by the person who processed the sale of the ticket, as provided.
The bill would increase the amount of the civil penalty that may be imposed upon a ticket seller for failing to have a permanent business address, to include that address in any advertisement or solicitation, or to be duly licensed as may be required by any local jurisdiction by specifying that a violation of any of the provisions regulating ticket sellers is punishable by a civil fine of up to $10,000. The bill would require ticket sellers to maintain records of ticket sales, deposits, and refunds for a minimum of 12 months.
The bill would require an original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, to own, possess, have actual or constructive possession, as defined, of the ticket, or have the contractual right to sell the ticket. The bill would require a ticket resale marketplace to impose a similar requirement before accepting a ticket listing, as specified. The bill would also make it unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket if they do not own, possess, have actual or constructive possession of the ticket, or have the contractual right to sell the ticket.
The bill would make certain intentional acts unlawful, including purchasing tickets in excess of posted limits for an online event ticket sale and circumventing or disabling certain sales volume limitation systems. The bill would also prohibit a ticket reseller from using certain internet website displays that are substantially similar to the internet website of an event presenter, rights holder, or original seller, or any of their authorized agents, without their written consent.
The bill would revise and recast various disclosure requirements on the advertisement of tickets for sale, including requiring ticket resellers and ticket resale marketplaces to disclose the location within the entertainment venue that the ticket will permit the purchaser consumer to occupy. The bill would delete the requirement that a ticket seller disclose that a service charge is added to the price of the ticket.
By expanding the scope of certain requirements related to selling those tickets, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides comprehensive regulation of ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to a sporting, musical, theater, or any other entertainment event. In this regard, existing law, among other things, prohibits specified ticket selling practices and imposes certain recordkeeping and disclosure requirements. If an event is canceled, existing law requires that the ticket price be fully refunded to the consumer whether by an original seller, event presenter, ticket reseller, or ticket resale marketplace, as specified. If an event is postponed, rescheduled, or replaced with another event at the same date and time, existing law requires the ticket seller to fully refund the purchaser upon request, as provided. Existing law makes a violation of those provisions a misdemeanor, and imposes civil penalties for certain violations.
This bill would generally revise and recast those provisions to impose similar requirements, as applicable, to original sellers, event presenters, ticket resellers, and ticket resale marketplaces, as defined. Among other changes, the bill would require that the consumer of a ticket for a canceled event, if the event presenter or venue operator is a nonprofit, be provided with the choice of a full refund for the ticket price or at least one of 3 options, including receiving a gift certificate, exchanging the ticket, or donating the ticket value, as specified. The bill would require the ticket price of an event that is postponed, rescheduled, or replaced with another event on the same date and time, at the option of the consumer, to be fully refunded or credited to the account of the consumer by the person who processed the sale of the ticket, as provided.
The bill would increase the amount of the civil penalty that may be imposed upon a ticket seller for failing to have a permanent business address, to include that address in any advertisement or solicitation, or to be duly licensed as may be required by any local jurisdiction by specifying that a violation of any of the provisions regulating ticket sellers is punishable by a civil fine of up to $10,000. The bill would require ticket sellers to maintain records of ticket sales, deposits, and refunds for a minimum of 12 months.
The bill would require an original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, to own, possess, or have the contractual right to sell the ticket. The bill would require a ticket resale marketplace to impose a similar requirement before accepting a ticket listing, as specified. The bill would also make it unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket if they do not own, possess, or have the contractual right to sell the ticket.
The bill would make certain intentional acts unlawful, including purchasing tickets in excess of posted limits for an online event ticket sale and circumventing or disabling certain sales volume limitation systems. The bill would also prohibit a ticket reseller from using certain internet website displays that are substantially similar to the internet website of an event presenter, rights holder, or original seller, or any of their authorized agents, without their written consent.
The bill would revise and recast various disclosure requirements on the advertisement of tickets for sale, including requiring ticket resellers and ticket resale marketplaces to disclose the location within the entertainment venue that the ticket will permit the purchaser consumer to occupy. The bill would delete the requirement that a ticket seller disclose that a service charge is added to the price of the ticket.
By expanding the scope of certain requirements related to selling those tickets, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides comprehensive regulation of ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to a sporting, musical, theater, or any other entertainment event. In this regard, existing law, among other things, prohibits specified ticket selling practices and imposes certain recordkeeping and disclosure requirements. If an event is postponed, rescheduled, or replaced with another event at the same date and time, existing law requires the ticket seller to fully refund the purchaser upon request, as provided. Existing law makes a violation of those provisions a misdemeanor, and imposes civil penalties for certain violations.
This bill would generally revise and recast those provisions to impose similar requirements, as applicable, to original sellers, event presenters, ticket resellers, and ticket resale marketplaces, as defined. Among other changes, the bill would require the ticket price of an event that is postponed, rescheduled, or replaced with another event on the same date and time, at the option of the consumer, to be fully refunded or credited to the account of the consumer by the person who processed the sale of the ticket, as provided.
The bill would increase the amount of the civil penalty that may be imposed upon a ticket seller for failing to have a permanent business address, to include that address in any advertisement or solicitation, or to be duly licensed as may be required by any local jurisdiction by specifying that a violation of any of the provisions regulating ticket sellers is punishable by a civil fine of up to $10,000. The bill would require ticket sellers to maintain records of ticket sales, deposits, and refunds for a minimum of 12 months.
The bill would require an original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, to own, possess, or have the contractual right to sell the ticket. The bill would require a ticket resale marketplace to impose a similar requirement before accepting a ticket listing, as specified. The bill would also make it unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket if they do not own, possess, or have the contractual right to sell the ticket.
The bill would make certain intentional acts unlawful, including purchasing tickets in excess of posted limits for an online event ticket sale and circumventing or disabling certain sales volume limitation systems. The bill would also prohibit a ticket reseller from using certain internet website displays that are substantially similar to the internet website of an event presenter, rights holder, or original seller, or any of their authorized agents, without their written consent.
The bill would revise and recast various disclosure requirements on the advertisement of tickets for sale, including requiring ticket resellers and ticket resale marketplaces to disclose the location within the entertainment venue that the ticket will permit the purchaser consumer to occupy. The bill would delete the requirement that a ticket seller disclose that a service charge is added to the price of the ticket.
By expanding the scope of certain requirements related to selling those tickets, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides comprehensive regulation of ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to a sporting, musical, theater, or any other entertainment event. In this regard, existing law, among other things, prohibits specified ticket selling practices and imposes certain recordkeeping and disclosure requirements. If an event is postponed, rescheduled, or replaced with another event at the same date and time, existing law requires the ticket seller to fully refund the purchaser upon request, as provided. Existing law makes a violation of those provisions a misdemeanor, and imposes civil penalties for certain violations.
This bill would generally revise and recast those provisions to impose similar requirements, as applicable, to original sellers, event presenters, ticket resellers, and ticket resale marketplaces, as defined. Among other changes, the bill would require the ticket price of an event that is postponed, rescheduled, or replaced with another event on the same date and time, at the option of the consumer, to be fully refunded or credited to the account of the consumer by the person who processed the sale of the ticket, as provided.
The bill would increase the amount of the civil penalty that may be imposed upon a ticket seller for failing to have a permanent business address, to include that address in any advertisement or solicitation, or to be duly licensed as may be required by any local jurisdiction by specifying that a violation of any of the provisions regulating ticket sellers is punishable by a civil fine of up to $10,000. The bill would require ticket sellers to maintain records of ticket sales, deposits, and refunds for a minimum of 12 months.
The bill would require an original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, to own, possess, or have the contractual right to sell the ticket. The bill would require a ticket resale marketplace to impose a similar requirement before accepting a ticket listing, as specified. The bill would also make it unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket if they do not own, possess, or have the contractual right to sell the ticket.
The bill would make certain intentional acts unlawful, including purchasing tickets in excess of posted limits for an online event ticket sale and circumventing or disabling certain sales volume limitation systems. The bill would also prohibit a ticket reseller from using certain internet website displays that are substantially similar to the internet website of an event presenter, rights holder, or original seller, or any of their authorized agents, without their written consent.
The bill would revise and recast various disclosure requirements on the advertisement of tickets for sale, including requiring ticket resellers and ticket resale marketplaces to disclose the location within the entertainment venue that the ticket will permit the purchaser consumer to occupy. The bill would delete the requirement that a ticket seller disclose that a service charge is added to the price of the ticket.
By expanding the scope of certain requirements related to selling those tickets, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)For purposes of this section, speculative ticket sale means the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale of a ticket by a person other than a ticket resale marketplace who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale, does not have either of the following:
(1)Actual or constructive possession of the ticket. Constructive possession means that the person has fully paid for the ticket, holds a legally enforceable right to receive delivery of the ticket, and has received confirmation of purchase or assignment from the original ticket seller, event presenter, or venue operator.
(2)Authorization from the event presenter or venue operator to sell the ticket.
(b)A ticket resale marketplace shall not knowingly or recklessly process payment, collect a fee, advertise, list, market, offer for sale, contract for sale, accept payment for, or facilitate the completion of a speculative ticket sale, and it shall implement reasonable measures designed to prevent speculative ticket sales on its platform.
(c)A ticket seller shall not engage in a speculative ticket sale.
(d)A ticket seller shall not advertise, list, market, offer for sale, contract for sale, accept payment for, or sell a ticket before the ticket has been made available for sale by the event presenter, venue operator, rights holder, or original seller, unless expressly authorized by the event presenter, venue operator, rights holder, or original seller unless the ticket seller has constructive possession of the ticket as defined in paragraph (1) of subdivision (a).
(e)This section shall not apply to the marketing, advertisement, or sale of season ticket packages, multigame packages, inventory withheld at the sole discretion of the rights holder or venue operator, or playoff ticket packages by a rights holder or their authorized ticketing agent before the beginning of the applicable season.
SEC. 3.Section 22502.3 of the Business and Professions Code is amended to read:22502.3.In addition to other remedies, a ticket seller, original seller, ticket reseller, or ticket retail marketplace that violates Section 22502.1 or 22502.2 and fails to supply a ticket at or below a contracted price or within a contracted price range shall be civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorneys fees and court costs.
SEC. 4.Section 22503 of the Business and Professions Code is repealed.SEC. 5.Section 22503 is added to the Business and Professions Code, to read:22503.For purposes of this chapter, the following terms have the following meanings:
(a)Consumer means a natural person who purchases a ticket with the reasonable expectation of attending an event.
(b)Event presenter means the person or organization responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including a rights holder or their authorized agent.
(c)Onsale means the official date and time when tickets for an event become available to the general public.
(d)Original seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
(e)Rights holder means an artist, performing arts organization, theater company, dance company, professional athletic team, professional athletic league, author, lecturer, or other person that is a primary performer, participant, speaker, or presenter at an event for which tickets are sold.
(f)Ticket resale marketplace means an entity that, for compensation, commission, or otherwise, operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates the resale of admission tickets for, a sporting, musical, theater, or other entertainment event between third parties, and includes an original seller to the extent that the original seller operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates resale or original sale of tickets that were not offered to the general public during the public onsale.
(g)Ticket reseller means a person or entity, other than a consumer or season ticket holder, who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells admission tickets to, a sporting, musical, theater, or other entertainment event on the secondary market.
(h)Ticket seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells an admission ticket to, a sporting, musical, theater, or other entertainment event.
(i)Venue operator means a person who owns, operates, manages, or controls a venue at which a sporting, musical, theater, or other entertainment event is presented.
(j)Season ticket holder means a person who purchases a package of tickets for multiple events from an original seller, event presenter, rights holder, or venue operator pursuant to a season ticket membership, subscription, premium seat license, or similar ticketing program.
SEC. 6.Section 22503.5 of the Business and Professions Code is repealed.SEC. 7.Section 22505.5 of the Business and Professions Code is repealed.SEC. 8.Section 22505.5 is added to the Business and Professions Code, to read:22505.5.Notwithstanding Section 22503.4, 22504, or 22511, it shall be unlawful for a person to knowingly use, cause to be used, provide, sell, offer for sale, market, or facilitate software or services to do, or otherwise engage in, any of the following:
(a)Purchase tickets in excess of posted limits for an online event ticket sale.
(b)Circumvent or evade an electronic queue, waiting period, presale restriction or presale code, ticket purchasing limit, account limitation, or other ticket distribution control established and disclosed by the event presenter, venue operator, rights holder, or ticket seller.
(c)Circumvent or disable a security measure, access control system, or other control or measure used to facilitate authorized ticket sales or authorized entry into an event.
(d)Utilize multiple Internet Protocol addresses, multiple purchaser accounts, multiple email addresses, or other technological means to purchase tickets in excess of posted ticket limits or otherwise evade ticket purchasing restrictions established pursuant to subdivision (b).
(e)Use software, services, automated means, or other technological methods to automate, coordinate, facilitate, or otherwise enable conduct prohibited by this section.
(f)Nothing in this chapter shall be construed to prohibit, restrict, or impose liability upon a California-based professional sports team, a sports venue operator, or an entity that is owned, directly or indirectly, by the professional sports league of which the California-based professional sports team is a member for withholding, reserving, managing, transferring, or allocating ticket inventory for operational or business purposes.
SEC. 9.Section 22505.6 is added to the Business and Professions Code, to read:22505.6.(a)It shall be unlawful for a person, ticket seller, original seller, ticket reseller, ticket resale marketplace, or other person acting in connection with the sale or resale of tickets to advertise, market, or offer tickets for sale in a manner that is likely to mislead a reasonable consumer regarding the source, sponsorship, authorization, availability, price, or nature of the ticket being offered.
(b)A person shall not use an internet website, internet address, domain name, trade name, trademark, service mark, logo, design, text, image, or other identifying characteristic, or any combination thereof, that is substantially similar to, or likely to be confused with, that of an event presenter, venue operator, rights holder, original seller, or authorized agent, if displayed with an intent to confuse or deceive consumers or where such display is likely to confuse or deceive a reasonable consumer regarding the source, sponsorship, authorization, or affiliation of the website or advertisement.
(c)A person shall not represent or imply that:
(1)A ticket is available from an authorized source when the ticket is being offered through resale.
(2)A live entertainment event is sold out when tickets remain available from the original seller or an authorized seller.
(3)A consumer is purchasing a ticket from an event presenter, venue operator, rights holder, original seller, or authorized agent when the consumer is purchasing from a reseller or ticket resale marketplace.
(4)A ticket listing reflects a specific seat, section, row, or location if the seller does not have a reasonable basis to make that representation.
(d)A violation of this section constitutes false or misleading advertising for purposes of Chapter 1 (commencing with Section 17500) of Part 3 of Division 7.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)For purposes of this section, speculative ticket sale means the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale of a ticket by a person other than a ticket resale marketplace who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale, does not have either of the following:
(1)Actual or constructive possession of the ticket. Constructive possession means that the person has fully paid for the ticket, holds a legally enforceable right to receive delivery of the ticket, and has received confirmation of purchase or assignment from the original ticket seller, event presenter, or venue operator.
(2)Authorization from the event presenter or venue operator to sell the ticket.
(b)A ticket resale marketplace shall not knowingly or recklessly process payment, collect a fee, advertise, list, market, offer for sale, contract for sale, accept payment for, or facilitate the completion of a speculative ticket sale, and it shall implement reasonable measures designed to prevent speculative ticket sales on its platform.
(c)A ticket seller shall not engage in a speculative ticket sale.
(d)A ticket seller shall not advertise, list, market, offer for sale, contract for sale, accept payment for, or sell a ticket before the ticket has been made available for sale by the event presenter, venue operator, rights holder, or original seller, unless expressly authorized by the event presenter, venue operator, rights holder, or original seller unless the ticket seller has constructive possession of the ticket as defined in paragraph (1) of subdivision (a).
(e)This section shall not apply to the marketing, advertisement, or sale of season ticket packages, multigame packages, inventory withheld at the sole discretion of the rights holder or venue operator, or playoff ticket packages by a rights holder or their authorized ticketing agent before the beginning of the applicable season.
SEC. 3.Section 22502.3 of the Business and Professions Code is amended to read:22502.3.In addition to other remedies, a ticket seller, original seller, ticket reseller, or ticket retail marketplace that violates Section 22502.1 or 22502.2 and fails to supply a ticket at or below a contracted price or within a contracted price range shall be civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorneys fees and court costs.
SEC. 4.Section 22503 of the Business and Professions Code is repealed.SEC. 5.Section 22503 is added to the Business and Professions Code, to read:22503.For purposes of this chapter, the following terms have the following meanings:
(a)Consumer means a natural person who purchases a ticket with the reasonable expectation of attending an event.
(b)Event presenter means the person or organization responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including a rights holder or their authorized agent.
(c)Onsale means the official date and time when tickets for an event become available to the general public.
(d)Original seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
(e)Rights holder means an artist, performing arts organization, theater company, dance company, professional athletic team, professional athletic league, author, lecturer, or other person that is a primary performer, participant, speaker, or presenter at an event for which tickets are sold.
(f)Ticket resale marketplace means an entity that, for compensation, commission, or otherwise, operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates the resale of admission tickets for, a sporting, musical, theater, or other entertainment event between third parties, and includes an original seller to the extent that the original seller operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates resale or original sale of tickets that were not offered to the general public during the public onsale.
(g)Ticket reseller means a person or entity, other than a consumer or season ticket holder, who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells admission tickets to, a sporting, musical, theater, or other entertainment event on the secondary market.
(h)Ticket seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells an admission ticket to, a sporting, musical, theater, or other entertainment event.
(i)Venue operator means a person who owns, operates, manages, or controls a venue at which a sporting, musical, theater, or other entertainment event is presented.
(j)Season ticket holder means a person who purchases a package of tickets for multiple events from an original seller, event presenter, rights holder, or venue operator pursuant to a season ticket membership, subscription, premium seat license, or similar ticketing program.
SEC. 6.Section 22503.5 of the Business and Professions Code is repealed.SEC. 7.Section 22505.5 of the Business and Professions Code is repealed.SEC. 8.Section 22505.5 is added to the Business and Professions Code, to read:22505.5.Notwithstanding Section 22503.4, 22504, or 22511, it shall be unlawful for a person to knowingly use, cause to be used, provide, sell, offer for sale, market, or facilitate software or services to do, or otherwise engage in, any of the following:
(a)Purchase tickets in excess of posted limits for an online event ticket sale.
(b)Circumvent or evade an electronic queue, waiting period, presale restriction or presale code, ticket purchasing limit, account limitation, or other ticket distribution control established and disclosed by the event presenter, venue operator, rights holder, or ticket seller.
(c)Circumvent or disable a security measure, access control system, or other control or measure used to facilitate authorized ticket sales or authorized entry into an event.
(d)Utilize multiple Internet Protocol addresses, multiple purchaser accounts, multiple email addresses, or other technological means to purchase tickets in excess of posted ticket limits or otherwise evade ticket purchasing restrictions established pursuant to subdivision (b).
(e)Use software, services, automated means, or other technological methods to automate, coordinate, facilitate, or otherwise enable conduct prohibited by this section.
(f)Nothing in this chapter shall be construed to prohibit, restrict, or impose liability upon a California-based professional sports team, a sports venue operator, or an entity that is owned, directly or indirectly, by the professional sports league of which the California-based professional sports team is a member for withholding, reserving, managing, transferring, or allocating ticket inventory for operational or business purposes.
SEC. 9.Section 22505.6 is added to the Business and Professions Code, to read:22505.6.(a)It shall be unlawful for a person, ticket seller, original seller, ticket reseller, ticket resale marketplace, or other person acting in connection with the sale or resale of tickets to advertise, market, or offer tickets for sale in a manner that is likely to mislead a reasonable consumer regarding the source, sponsorship, authorization, availability, price, or nature of the ticket being offered.
(b)A person shall not use an internet website, internet address, domain name, trade name, trademark, service mark, logo, design, text, image, or other identifying characteristic, or any combination thereof, that is substantially similar to, or likely to be confused with, that of an event presenter, venue operator, rights holder, original seller, or authorized agent, if displayed with an intent to confuse or deceive consumers or where such display is likely to confuse or deceive a reasonable consumer regarding the source, sponsorship, authorization, or affiliation of the website or advertisement.
(c)A person shall not represent or imply that:
(1)A ticket is available from an authorized source when the ticket is being offered through resale.
(2)A live entertainment event is sold out when tickets remain available from the original seller or an authorized seller.
(3)A consumer is purchasing a ticket from an event presenter, venue operator, rights holder, original seller, or authorized agent when the consumer is purchasing from a reseller or ticket resale marketplace.
(4)A ticket listing reflects a specific seat, section, row, or location if the seller does not have a reasonable basis to make that representation.
(d)A violation of this section constitutes false or misleading advertising for purposes of Chapter 1 (commencing with Section 17500) of Part 3 of Division 7.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)For purposes of this section, speculative ticket sale means the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale of a ticket by a person other than a ticket resale marketplace who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale, does not have either of the following:
(1)Actual or constructive possession of the ticket. Constructive possession means that the person has fully paid for the ticket, holds a legally enforceable right to receive delivery of the ticket, and has received confirmation of purchase or assignment from the original ticket seller, event presenter, or venue operator.
(2)Authorization from the event presenter or venue operator to sell the ticket.
(b)A ticket resale marketplace shall not knowingly or recklessly process payment, collect a fee, advertise, list, market, offer for sale, contract for sale, accept payment for, or facilitate the completion of a speculative ticket sale, and it shall implement reasonable measures designed to prevent speculative ticket sales on its platform.
(c)A ticket seller shall not engage in a speculative ticket sale.
(d)A ticket seller shall not advertise, list, market, offer for sale, contract for sale, accept payment for, or sell a ticket before the ticket has been made available for sale by the event presenter, venue operator, rights holder, or original seller, unless expressly authorized by the event presenter, venue operator, rights holder, or original seller unless the ticket seller has constructive possession of the ticket as defined in paragraph (1) of subdivision (a).
(e)This section shall not apply to the marketing, advertisement, or sale of season ticket packages, multigame packages, inventory withheld at the sole discretion of the rights holder or venue operator, or playoff ticket packages by a rights holder or their authorized ticketing agent before the beginning of the applicable season.
SEC. 3.Section 22502.3 of the Business and Professions Code is amended to read:22502.3.In addition to other remedies, a ticket seller, original seller, ticket reseller, or ticket retail marketplace that violates Section 22502.1 or 22502.2 and fails to supply a ticket at or below a contracted price or within a contracted price range shall be civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorneys fees and court costs.
SEC. 4.Section 22503 of the Business and Professions Code is repealed.SEC. 5.Section 22503 is added to the Business and Professions Code, to read:22503.For purposes of this chapter, the following terms have the following meanings:
(a)Consumer means a natural person who purchases a ticket with the reasonable expectation of attending an event.
(b)Event presenter means the person or organization responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including a rights holder or their authorized agent.
(c)Onsale means the official date and time when tickets for an event become available to the general public.
(d)Original seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
(e)Rights holder means an artist, performing arts organization, theater company, dance company, professional athletic team, professional athletic league, author, lecturer, or other person that is a primary performer, participant, speaker, or presenter at an event for which tickets are sold.
(f)Ticket resale marketplace means an entity that, for compensation, commission, or otherwise, operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates the resale of admission tickets for, a sporting, musical, theater, or other entertainment event between third parties, and includes an original seller to the extent that the original seller operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates resale or original sale of tickets that were not offered to the general public during the public onsale.
(g)Ticket reseller means a person or entity, other than a consumer or season ticket holder, who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells admission tickets to, a sporting, musical, theater, or other entertainment event on the secondary market.
(h)Ticket seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells an admission ticket to, a sporting, musical, theater, or other entertainment event.
(i)Venue operator means a person who owns, operates, manages, or controls a venue at which a sporting, musical, theater, or other entertainment event is presented.
(j)Season ticket holder means a person who purchases a package of tickets for multiple events from an original seller, event presenter, rights holder, or venue operator pursuant to a season ticket membership, subscription, premium seat license, or similar ticketing program.
SEC. 6.Section 22503.5 of the Business and Professions Code is repealed.SEC. 7.Section 22505.5 of the Business and Professions Code is repealed.SEC. 8.Section 22505.5 is added to the Business and Professions Code, to read:22505.5.Notwithstanding Section 22503.4, 22504, or 22511, it shall be unlawful for a person to knowingly use, cause to be used, provide, sell, offer for sale, market, or facilitate software or services to do, or otherwise engage in, any of the following:
(a)Purchase tickets in excess of posted limits for an online event ticket sale.
(b)Circumvent or evade an electronic queue, waiting period, presale restriction or presale code, ticket purchasing limit, account limitation, or other ticket distribution control established and disclosed by the event presenter, venue operator, rights holder, or ticket seller.
(c)Circumvent or disable a security measure, access control system, or other control or measure used to facilitate authorized ticket sales or authorized entry into an event.
(d)Utilize multiple Internet Protocol addresses, multiple purchaser accounts, multiple email addresses, or other technological means to purchase tickets in excess of posted ticket limits or otherwise evade ticket purchasing restrictions established pursuant to subdivision (b).
(e)Use software, services, automated means, or other technological methods to automate, coordinate, facilitate, or otherwise enable conduct prohibited by this section.
(f)Nothing in this chapter shall be construed to prohibit, restrict, or impose liability upon a California-based professional sports team, a sports venue operator, or an entity that is owned, directly or indirectly, by the professional sports league of which the California-based professional sports team is a member for withholding, reserving, managing, transferring, or allocating ticket inventory for operational or business purposes.
SEC. 9.Section 22505.6 is added to the Business and Professions Code, to read:22505.6.(a)It shall be unlawful for a person, ticket seller, original seller, ticket reseller, ticket resale marketplace, or other person acting in connection with the sale or resale of tickets to advertise, market, or offer tickets for sale in a manner that is likely to mislead a reasonable consumer regarding the source, sponsorship, authorization, availability, price, or nature of the ticket being offered.
(b)A person shall not use an internet website, internet address, domain name, trade name, trademark, service mark, logo, design, text, image, or other identifying characteristic, or any combination thereof, that is substantially similar to, or likely to be confused with, that of an event presenter, venue operator, rights holder, original seller, or authorized agent, if displayed with an intent to confuse or deceive consumers or where such display is likely to confuse or deceive a reasonable consumer regarding the source, sponsorship, authorization, or affiliation of the website or advertisement.
(c)A person shall not represent or imply that:
(1)A ticket is available from an authorized source when the ticket is being offered through resale.
(2)A live entertainment event is sold out when tickets remain available from the original seller or an authorized seller.
(3)A consumer is purchasing a ticket from an event presenter, venue operator, rights holder, original seller, or authorized agent when the consumer is purchasing from a reseller or ticket resale marketplace.
(4)A ticket listing reflects a specific seat, section, row, or location if the seller does not have a reasonable basis to make that representation.
(d)A violation of this section constitutes false or misleading advertising for purposes of Chapter 1 (commencing with Section 17500) of Part 3 of Division 7.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)For purposes of this section, speculative ticket sale means the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale of a ticket by a person other than a ticket resale marketplace who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale, does not have either of the following:
(1)Actual or constructive possession of the ticket. Constructive possession means that the person has fully paid for the ticket, holds a legally enforceable right to receive delivery of the ticket, and has received confirmation of purchase or assignment from the original ticket seller, event presenter, or venue operator.
(2)Authorization from the event presenter or venue operator to sell the ticket.
(b)A ticket resale marketplace shall not knowingly or recklessly process payment, collect a fee, advertise, list, market, offer for sale, contract for sale, accept payment for, or facilitate the completion of a speculative ticket sale, and it shall implement reasonable measures designed to prevent speculative ticket sales on its platform.
(b)(c)A ticket seller shall not engage in a speculative ticket sale.
(c)(d)A ticket seller shall not advertise, list, market, offer for sale, contract for sale, accept payment for, or sell a ticket before the ticket has been made available for sale by the event presenter, venue operator, rights holder, or original seller, unless expressly authorized by the event presenter, venue operator, rights holder, or original seller unless the ticket seller has constructive possession of the ticket as defined in paragraph (1) of subdivision (a).
(d)A ticket resale marketplace shall not knowingly process payment, collect a fee, or facilitate the completion of a speculative ticket sale, and it shall implement reasonable measures designed to prevent speculative ticket sales on its platform.(e)A violation of this section constitutes an unlawful business practice pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7.SEC. 3.Section 22502.3 of the Business and Professions Code is amended to read:22502.3.In addition to other remedies, a ticket seller, original seller, ticket reseller, or ticket retail marketplace that violates Section 22502.1 or 22502.2 and fails to supply a ticket at or below a contracted price or within a contracted price range shall be civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorneys fees and court costs.
SEC. 4.Section 22502.6 is added to the Business and Professions Code, to read:22502.6.(a)Except as otherwise required by law or reasonably necessary to address fraud, theft, unauthorized account access, violations of this chapter, or the administration of a season ticket membership, premium seat license, fan club membership, loyalty program, or similar ticketing program, an event presenter, venue operator, rights holder, original seller, or ticket seller shall not revoke, cancel, invalidate, deny admission, or render unusable a ticket based solely upon the lawful transfer or resale of that ticket.(b)Nothing in this section prohibits reasonable measures to:(1)Prevent fraud.(2)Enforce ticket purchasing limits.(3)Investigate violations of law.(4)Protect the security of ticketing systems and consumer accounts.(5)Administer season ticket memberships, premium seat licenses, fan club memberships, loyalty programs, or other similar ticketing programs.(c)This section shall not be construed to require an event presenter, venue operator, rights holder, original seller, or ticket seller to offer, renew, extend, transfer, or assign any season ticket membership, premium seat license, fan club membership, loyalty program benefit, or similar contractual right.SEC. 5.SEC. 4.Section 22503 of the Business and Professions Code is repealed.SEC. 6.SEC. 5.Section 22503 is added to the Business and Professions Code, to read:22503.For purposes of this chapter, the following terms have the following meanings:
(a)Consumer means a natural person who purchases a ticket with the reasonable expectation of attending an event.
(b)Event presenter means the person or organization responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including a rights holder or their authorized agent.
(c)Onsale means the official date and time when tickets for an event become available to the general public.
(c)(d)Original seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
(d)(e)Rights holder means an artist, performing arts organization, theater company, dance company, professional athletic team, professional athletic league, author, lecturer, or other person that is a primary performer, participant, speaker, or presenter at an event for which tickets are sold.
(e)(f)Ticket resale marketplace means an entity that, for compensation, commission, or otherwise, operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates the resale of admission tickets for, a sporting, musical, theater, or other entertainment event between third parties, and includes an original seller to the extent that the original seller operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates resale. resale or original sale of tickets that were not offered to the general public during the public onsale.
(f)(g)Ticket reseller means a person or entity, other than a consumer or season ticket holder, who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells admission tickets to, a sporting, musical, theater, or other entertainment event on the secondary market.
(g)(h)Ticket seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells an admission ticket to, a sporting, musical, theater, or other entertainment event.
(h)(i)Venue operator means a person who owns, operates, manages, or controls a venue at which a sporting, musical, theater, or other entertainment event is presented.
(i)(j)Season ticket holder means a person who purchases a package of tickets for multiple events from an original seller, event presenter, rights holder, or venue operator pursuant to a season ticket membership, subscription, premium seat license, or similar ticketing program.
SEC. 7.SEC. 6.Section 22503.5 of the Business and Professions Code is repealed.SEC. 8.SEC. 7.Section 22505.5 of the Business and Professions Code is repealed.SEC. 9.SEC. 8.Section 22505.5 is added to the Business and Professions Code, to read:22505.5.Notwithstanding Section 22503.4, 22504, or 22511, it shall be unlawful for a person to knowingly use, cause to be used, provide, sell, offer for sale, market, or facilitate software or services to do, or otherwise engage in, any of the following:
(a)Purchase tickets in excess of posted limits for an online event ticket sale.
(b)Circumvent or evade an electronic queue, waiting period, presale restriction or presale code, ticket purchasing limit, account limitation, or other ticket distribution control established and disclosed by the event presenter, venue operator, rights holder, or ticket seller.
(c)Circumvent or disable a security measure, access control system, or other control or measure used to facilitate authorized ticket sales or authorized entry into an event.
(d)Utilize multiple Internet Protocol addresses, multiple purchaser accounts, multiple email addresses, or other technological means to purchase tickets in excess of posted ticket limits or otherwise evade ticket purchasing restrictions established pursuant to subdivision (b).
(e)Use software, services, automated means, or other technological methods to automate, coordinate, facilitate, or otherwise enable conduct prohibited by this section.
SEC. 10.SEC. 9.Section 22505.6 is added to the Business and Professions Code, to read:22505.6.(a)It shall be unlawful for a person, ticket seller, original seller, ticket reseller, ticket resale marketplace, or other person acting in connection with the sale or resale of tickets to advertise, market, or offer tickets for sale in a manner that is likely to mislead a reasonable consumer regarding the source, sponsorship, authorization, availability, price, or nature of the ticket being offered.
(b)A person shall not use an internet website, internet address, domain name, trade name, trademark, service mark, logo, design, text, image, or other identifying characteristic, or any combination thereof, that is substantially similar to, or reasonably likely to be confused with, that of an event presenter, venue operator, rights holder, original seller, or authorized agent, if displayed with an intent to confuse or deceive consumers or where such display is reasonably likely to confuse or deceive consumers a reasonable consumer regarding the source, sponsorship, authorization, or affiliation of the website or advertisement.
(c)A person shall not represent or imply that:
(1)A ticket is available from an authorized source when the ticket is being offered through resale.
(2)A live entertainment event is sold out when tickets remain available from the original seller or an authorized seller.
(3)A consumer is purchasing a ticket from an event presenter, venue operator, rights holder, original seller, or authorized agent when the consumer is purchasing from a reseller or ticket resale marketplace.
(4)A ticket listing reflects a specific seat, section, row, or location if the seller does not have a reasonable basis to make that representation.
(d)A violation of this section constitutes false or misleading advertising for purposes of Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 and an unlawful business practice for purposes of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7.
SEC. 11.SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)For purposes of this section, speculative ticket sale means the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale of a ticket by a person who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale, does not have either of the following:
(1)Actual or constructive possession of the ticket. Constructive possession means that the person has fully paid for the ticket, holds a legally enforceable right to receive delivery of the ticket, and has received confirmation of purchase or assignment from the original ticket seller, event presenter, or venue operator.
(2)Authorization from the event presenter or venue operator to sell the ticket.
(b)A ticket seller shall not engage in a speculative ticket sale.
(c)A ticket seller shall not advertise, list, market, offer for sale, contract for sale, accept payment for, or sell a ticket before the ticket has been made available for sale by the event presenter, venue operator, rights holder, or original seller, unless expressly authorized by the event presenter, venue operator, rights holder, or original seller unless the ticket seller has constructive possession of the ticket as defined in paragraph (1) of subdivision (a).
(d)A ticket resale marketplace shall not knowingly process payment, collect a fee, or facilitate the completion of a speculative ticket sale, and it shall implement reasonable measures designed to prevent speculative ticket sales on its platform.
(e)A violation of this section constitutes an unlawful business practice pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7.
SEC. 9.Section 22502.2 of the Business and Professions Code is repealed.SEC. 10.SEC. 3.Section 22502.3 of the Business and Professions Code is amended to read:22502.3.In addition to other remedies, a ticket seller, original seller, ticket reseller, or ticket retail marketplace that violates Section 22502.1 or 22502.2 and fails to supply a ticket at or below a contracted price or within a contracted price range shall be civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorneys fees and court costs.
SEC. 11.Section 22502.4 is added to the Business and Professions Code, to read:22502.4.It shall be unlawful for an original seller, a ticket reseller, or a ticket resale marketplace to do either of the following:(a)Represent that they can deliver, or cause to be delivered, a ticket at a specific price or within a specific price range, and to fail to deliver within a reasonable time, or by a contracted time, the ticket, at or below the price stated or within the range of prices stated.(b)Misrepresent or mislead the consumer with regard to the access and provisions the ticket provides.SEC. 12.Section 22502.5 is added to the Business and Professions Code, to read:22502.5.In addition to other remedies, an original seller, a ticket reseller, or a ticket resale marketplace that violates Section 22502.1 or 22502.4 shall be civilly liable to the ticket consumer for two times the contracted price of the ticket, in addition to any sum expended by the consumer in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorneys fees and court costs.SEC. 13.SEC. 4.Section 22502.6 is added to the Business and Professions Code, to read:22502.6.(a)Except as otherwise required by law or reasonably necessary to address fraud, theft, unauthorized account access, violations of this chapter, or the administration of a season ticket membership, premium seat license, fan club membership, loyalty program, or similar ticketing program, an event presenter, venue operator, rights holder, original seller, or ticket seller shall not revoke, cancel, invalidate, deny admission, or render unusable a ticket based solely upon the lawful transfer or resale of that ticket.
(b)Nothing in this section prohibits reasonable measures to:
(1)Prevent fraud.
(2)Enforce ticket purchasing limits.
(3)Investigate violations of law.
(4)Protect the security of ticketing systems and consumer accounts.
(5)Administer season ticket memberships, premium seat licenses, fan club memberships, loyalty programs, or other similar ticketing programs.
(c)This section shall not be construed to require an event presenter, venue operator, rights holder, original seller, or ticket seller to offer, renew, extend, transfer, or assign any season ticket membership, premium seat license, fan club membership, loyalty program benefit, or similar contractual right.
SEC. 14.SEC. 5.Section 22503 of the Business and Professions Code is repealed.SEC. 15.SEC. 6.Section 22503 is added to the Business and Professions Code, to read:22503.For purposes of this chapter, the following terms have the following meanings:
(a)Consumer means a natural person who purchases a ticket with the reasonable expectation of attending an event.
(b)Event presenter means the person or organization responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including a rights holder or their authorized agent.
(c)Original seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
(d)Rights holder means an artist, performing arts organization, theater company, dance company, professional athletic team, professional athletic league, author, lecturer, or other person that is a primary performer, participant, speaker, or presenter at an event for which tickets are sold.
(e)Ticket resale marketplace means an entity that, for compensation, commission, or otherwise, operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates the resale of admission tickets for, a sporting, musical, theater, or other entertainment event between third parties, and includes an original seller to the extent that the original seller operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates resale.
(f)Ticket reseller means a person or entity, other than a consumer or season ticket holder, who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells admission tickets to, a sporting, musical, theater, or other entertainment event on the secondary market.
(g)Ticket seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells an admission ticket to, a sporting, musical, theater, or other entertainment event.
(h)Venue operator means a person who owns, operates, manages, or controls a venue at which a sporting, musical, theater, or other entertainment event is presented.
(i)Season ticket holder means a person who purchases a package of tickets for multiple events from an original seller, event presenter, rights holder, or venue operator pursuant to a season ticket membership, subscription, premium seat license, or similar ticketing program.
SEC. 16.SEC. 7.Section 22503.5 of the Business and Professions Code is repealed.SEC. 17.Section 22503.6 of the Business and Professions Code is amended and renumbered to read:22503.4.This chapter does not apply to an officially appointed agent of an air carrier, ocean carrier, or motor coach carrier that purchases or sells tickets in conjunction with a tour package accomplished through the primary event promoter or their agent by written agreement.SEC. 18.Section 22505.2 is added to the Business and Professions Code, to read:22505.2.(a)A person shall not use an internet website, or cause an internet website to be used, to display either of the following:(1)A trademarked or copyrighted URL, title, designation, image, mark, or other symbol without the written consent of the trademark or copyrightholder.(2)Any combination of text, images, web designs, or internet addresses that is substantially similar to the internet website of an event presenter, venue operator, or original seller, or any of their authorized agents, without the written consent of the event presenter, venue operator, or original seller.(b)A ticket reseller shall not represent that the live entertainment event is sold out or use the term sold out when tickets are still available on the original sellers website.(c)In addition to the punishments contained in this chapter, a violation of this section constitutes false advertising pursuant to Section 17500.SEC. 19.SEC. 8.Section 22505.5 of the Business and Professions Code is repealed.SEC. 20.SEC. 9.Section 22505.5 is added to the Business and Professions Code, to read:22505.5.Notwithstanding Section 22503.4, 22504, or 22511, it shall be unlawful for a person to knowingly use, cause to be used, provide, sell, offer for sale, market, or facilitate software or services to do, or otherwise engage in, any of the following:
(a)Purchase tickets in excess of posted limits for an online event ticket sale.
(b)Circumvent or evade an electronic queue, waiting period, presale restriction or presale code, ticket purchasing limit, account limitation, or other ticket distribution control established and disclosed by the event presenter, venue operator, rights holder, or ticket seller.
(c)Circumvent or disable a security measure, access control system, or other control or measure used to facilitate authorized ticket sales or authorized entry into an event.
(d)Utilize multiple Internet Protocol addresses, multiple purchaser accounts, multiple email addresses, or other technological means to purchase tickets in excess of posted ticket limits or otherwise evade ticket purchasing restrictions established pursuant to subdivision (b).
(e)Use software, services, automated means, or other technological methods to automate, coordinate, facilitate, or otherwise enable conduct prohibited by this section.
SEC. 21.SEC. 10.Section 22505.6 is added to the Business and Professions Code, to read:22505.6.(a)It shall be unlawful for a person, ticket seller, original seller, ticket reseller, ticket resale marketplace, or other person acting in connection with the sale or resale of tickets to advertise, market, or offer tickets for sale in a manner that is likely to mislead a reasonable consumer regarding the source, sponsorship, authorization, availability, price, or nature of the ticket being offered.
(b)A person shall not use an internet website, internet address, domain name, trade name, trademark, service mark, logo, design, text, image, or other identifying characteristic, or any combination thereof, that is substantially similar to, or reasonably likely to be confused with, that of an event presenter, venue operator, rights holder, original seller, or authorized agent, if displayed with an intent to confuse or deceive consumers or where such display is reasonably likely to confuse or deceive consumers regarding the source, sponsorship, authorization, or affiliation of the website or advertisement.
(c)A person shall not represent or imply that:
(1)A ticket is available from an authorized source when the ticket is being offered through resale.
(2)A live entertainment event is sold out when tickets remain available from the original seller or an authorized seller.
(3)A consumer is purchasing a ticket from an event presenter, venue operator, rights holder, original seller, or authorized agent when the consumer is purchasing from a reseller or ticket resale marketplace.
(4)A ticket listing reflects a specific seat, section, row, or location if the seller does not have a reasonable basis to make that representation.
(d)A violation of this section constitutes false or misleading advertising for purposes of Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 and an unlawful business practice for purposes of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7.
SEC. 22.Section 22507 of the Business and Professions Code is amended to read:22507.(a)(1)The ticket price of an event that is canceled shall be fully refunded to the consumer by the person who sold or facilitated the sale of the ticket to the consumer, whether an original seller, event presenter, ticket reseller, or ticket resale marketplace, within 30 calendar days of the cancellation.(2)Nonprofit event presenters and nonprofit venue operators shall provide the consumer with the choice of a full refund for the ticket price of an event that is canceled, or at least one of the following options whereby the event presenter or venue operator shall either:(A)Provide the consumer with a gift certificate in an amount equivalent to the value of the canceled ticket.(B)Exchange the ticket for a different event if the new ticket has a value that is equal to or greater than the value of the canceled ticket.(C)Allow the consumer to donate the value of the ticket at the time of purchase to the nonprofit event presenter or nonprofit venue operator.(b)The ticket price of an event that is postponed, rescheduled, or replaced with another event at the same date and time, shall be, at the option of the consumer, fully refunded or credited to the account of the consumer by the person who processed the sale of the ticket upon request within 30 calendar days of the refund request.(c)For purposes of this section, a rescheduled event includes a canceled occurrence of a recurring event for which the consumer is offered the opportunity to attend another, materially identical occurrence of the same event at a different date or time.(d)A local jurisdiction may require an original seller, ticket reseller, or ticket resale marketplace to provide a bond of not more than fifty thousand dollars ($50,000) to provide for any refunds that may be required by this section.SEC. 23.Section 22508 of the Business and Professions Code is repealed.SEC. 24.Section 22508 is added to the Business and Professions Code, to read:22508.Ticket resellers and ticket resale marketplaces shall disclose in the description of the price of a ticket that the ticket is a resale ticket that may be offered at a price that is more than the face price of the original ticket. Ticket resellers and ticket marketplaces shall include in any listing for a resale ticket the face price of the original ticket.SEC. 25.SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares all of the following:
(1)Music represents a fundamental expression of human creativity and cultural heritage, serving as a universal language that builds community, transcends barriers, and enriches the human experience.
(2)Live musical performances create irreplaceable moments of collective joy and shared experience, fostering social bonds, and building lasting memories that define generations.
(3)Artists dedicate their lives to creating and performing music, making significant contributions to our society's cultural fabric while facing unique economic challenges and professional uncertainties.
(4)The music industry is a vital economic engine for the State of California, contributing over $51,000,000,000 to California's GDP, supporting more than 450,000 jobs, sustaining over 80,000 music establishments, and providing opportunities for more than 258,000 songwriters in California alone, according to data from 50statesofmusic.com.
(5)The ability of artists to connect directly with their fans through live performances is essential to their artistic expression, professional sustainability, and ability to build lasting careers in music.
(6)The integrity of the live music experience depends on fair, transparent, and accessible ticketing practices that serve the interests of both artists and their fans.
(7)The rise of predatory ticketing practices, including the use of automated purchasing software, speculative ticket sales, and deceptive marketing, threatens artists ability to ensure that their performances remain accessible to their intended audiences.
(8)Artists have a fundamental right to determine how their creative work is presented and distributed.
(9)The relationship between artists and their audiences must be protected from exploitation by third parties who add no value to the creative ecosystem while extracting excessive profits from both creators and consumers.
(10)The future vitality of live music as an art form depends on maintaining an equitable marketplace that respects artists rights, facilitates fair compensation for their work, and ensures fans can access performances at transparent prices.
(11)State action is necessary to protect the cultural and economic ecosystem of live music performance, preserve artist-fan relationships, and ensure the sustainability of musical creation and performance as a profession.
(12)Establishing clear standards for ticket sales and resale will protect the rights of artists while ensuring fans have fair access to live performances, thus preserving musics essential role in our society.
(b)It is the intent of the Legislature to establish comprehensive regulation of ticket sales and resale practices to protect the rights of artists and fans, preserve the integrity of live music performances, and ensure the long-term vitality of musical culture in California.
SEC. 2.Section 22500 of the Business and Professions Code is repealed.SEC. 3.Section 22500 is added to the Business and Professions Code, to read:22500.(a)Original sellers, ticket resellers, and ticket resale marketplaces shall be registered and be duly licensed, as may be required by any local jurisdiction.
(b)A violation of this section is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both.
(c)For the purposes of this chapter, each ticket purchased in a manner prohibited by Section 22505.5, or sold or offered for sale in violation of this chapter, shall constitute a separate violation.
(d)An action for a violation of this chapter may be brought only by any of the following:
(1)The Attorney General.
(2)A district attorney.
(3)A city attorney.
(4)A county counsel.
(5)A city prosecutor.
(e)In an action alleging a violation of this chapter, the court shall impose a civil penalty of not more than ten thousand dollars ($10,000) for each violation of this chapter. In addition, the court shall award a prevailing public prosecutor reasonable costs and attorneys fees. In determining the amount of the civil penalty, the court shall consider all of the relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following:
(1)The nature and seriousness of the misconduct.
(2)The number of violations.
(3)The persistence of the misconduct.
(4)The length of time during which the misconduct occurred.
(5)The willfulness of the misconduct.
(6)The assets, liabilities, and net worth of the defendant.
(f)The remedies provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state.
SEC. 4.Section 22501 of the Business and Professions Code is amended to read:22501.Original sellers, ticket resellers, and ticket resale marketplaces shall maintain records of ticket sales, deposits, and refunds for a minimum of 12 months after the initial sale.
SEC. 5.Section 22502 of the Business and Professions Code is repealed.SEC. 6.Section 22502 is added to the Business and Professions Code, to read:22502.(a)An original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, shall have actual or constructive possession of the ticket, or have a contractual agreement with the event presenter or venue operator to sell the ticket.
(b)An original seller or a ticket reseller, at the time of listing or marketing of, and before selling, a ticket, shall disclose to the consumer, by means of a description or a map, the location within the entertainment venue that the ticket will permit the consumer to occupy, including the section, row, and seat number represented by each ticket, and the face price printed or displayed on the ticket that they are listing for resale, unless that ticket is designated as standing room only or not otherwise associated with occupying a particular location within a venue.
(c)Subdivision (b) shall not apply to any of the following:
(1)Flexible series ticketing options that allow attendees to commit to a number of performances in advance, while choosing the specific performances at a later date.
(2)Season tickets that are purchased as a package and are not individually priced.
(3)Special fundraising events presented by nonprofit venue operators and event presenters.
SEC. 7.Section 22502.1 of the Business and Professions Code is repealed.SEC. 8.Section 22502.1 is added to the Business and Professions Code, to read:22502.1.(a)(1) A ticket resale marketplace, before accepting a listing to market or sell a ticket, shall require that the person listing the ticket have actual or constructive possession of the ticket, or have the contractual right to sell the ticket, and be able to deliver the ticket to the consumer.(2)By allowing a ticket to be posted for resale on its website, a ticket resale marketplace is confirming that the ticket is being sold in compliance with the requirements of this chapter.(b)A ticket resale marketplace, on its internet website in each ticket listing, shall disclose to the consumer, by means of a description or a map, the location within the entertainment venue that the ticket will entitle the consumer to occupy, including the section, row, and seat number represented by each ticket, unless the ticket is designated as standing-room only or not otherwise associated with occupying a particular location within a venue.22502.1.(a)For purposes of this section, speculative ticket sale means the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale of a ticket by a person who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale, does not have either of the following:
(1)Actual or constructive possession of the ticket. Constructive possession means that the person has fully paid for the ticket, holds a legally enforceable right to receive delivery of the ticket, and has received confirmation of purchase or assignment from the original ticket seller, event presenter, or venue operator.
(2)Authorization from the event presenter or venue operator to sell the ticket.
(b)A ticket seller shall not engage in a speculative ticket sale.
(c)A ticket seller shall not advertise, list, market, offer for sale, contract for sale, accept payment for, or sell a ticket before the ticket has been made available for sale by the event presenter, venue operator, rights holder, or original seller, unless expressly authorized by the event presenter, venue operator, rights holder, or original seller unless the ticket seller has constructive possession of the ticket as defined in paragraph (1) of subdivision (a).
(d)A ticket resale marketplace shall not knowingly process payment, collect a fee, or facilitate the completion of a speculative ticket sale, and it shall implement reasonable measures designed to prevent speculative ticket sales on its platform.
(e)A violation of this section constitutes an unlawful business practice pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7.
SEC. 9.Section 22502.2 of the Business and Professions Code is repealed.SEC. 10.Section 22502.3 of the Business and Professions Code is repealed.SEC. 11.Section 22502.3 is added to the Business and Professions Code, to read:22502.3.(a)It shall be unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket, or accept consideration for payment in full or for a deposit for the sale of a ticket if they do not have actual or constructive possession of the ticket, or have a contractual agreement with the event presenter or venue operator to sell the ticket.(b)In addition to the requirements of subdivision (a), it shall be unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket, or accept consideration for payment in full or for a deposit for the sale of a ticket, unless the ticket has been made available for sale on the internet to the public by the presenter, including, without limitation, through a presale, fan club presale, or any other promotional presale event, or the presenter has otherwise provided permission to the original seller or ticket reseller to do so.SEC. 10.Section 22502.3 of the Business and Professions Code is amended to read:22502.3.In addition to other remedies, a ticket seller who seller, original seller, ticket reseller, or ticket retail marketplace that violates Section 22502.1 or 22502.2 and fails to supply a ticket at or below a contracted price or within a contracted price range shall be civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorneys fees and court costs.
SEC. 12.SEC. 11.Section 22502.4 is added to the Business and Professions Code, to read:22502.4.It shall be unlawful for an original seller, a ticket reseller, or a ticket resale marketplace to do either of the following:
(a)Represent that they can deliver, or cause to be delivered, a ticket at a specific price or within a specific price range, and to fail to deliver within a reasonable time, or by a contracted time, the ticket, at or below the price stated or within the range of prices stated.
(b)Misrepresent or mislead the consumer with regard to the access and provisions the ticket provides.
SEC. 13.SEC. 12.Section 22502.5 is added to the Business and Professions Code, to read:22502.5.In addition to other remedies, an original seller, a ticket reseller, or a ticket resale marketplace that violates Section 22502.1 or 22502.4 shall be civilly liable to the ticket consumer for two times the contracted price of the ticket, in addition to any sum expended by the consumer in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorneys fees and court costs.
SEC. 13.Section 22502.6 is added to the Business and Professions Code, to read:22502.6.(a)Except as otherwise required by law or reasonably necessary to address fraud, theft, unauthorized account access, violations of this chapter, or the administration of a season ticket membership, premium seat license, fan club membership, loyalty program, or similar ticketing program, an event presenter, venue operator, rights holder, original seller, or ticket seller shall not revoke, cancel, invalidate, deny admission, or render unusable a ticket based solely upon the lawful transfer or resale of that ticket.
(b)Nothing in this section prohibits reasonable measures to:
(1)Prevent fraud.
(2)Enforce ticket purchasing limits.
(3)Investigate violations of law.
(4)Protect the security of ticketing systems and consumer accounts.
(5)Administer season ticket memberships, premium seat licenses, fan club memberships, loyalty programs, or other similar ticketing programs.
(c)This section shall not be construed to require an event presenter, venue operator, rights holder, original seller, or ticket seller to offer, renew, extend, transfer, or assign any season ticket membership, premium seat license, fan club membership, loyalty program benefit, or similar contractual right.
SEC. 14.Section 22503 of the Business and Professions Code is repealed.SEC. 15.Section 22503 is added to the Business and Professions Code, to read:22503.For purposes of this chapter, the following terms have the following meanings:
(a)Artist means an actor rendering services on the stage, musical artist, musical organization, or other performing artist rendering professional services in theatrical and other live entertainment enterprises.(b)Consumer means a natural person or persons who purchase tickets to an entertainment event with the express purpose of attending that event.(c)Constructive possession means that the person has fully paid for the ticket, holds a legally enforceable right to receive delivery of the ticket, and has received confirmation of purchase or assignment from the original ticket seller, event presenter, or venue operator. (d)(1)Entertainment venue means a publicly or privately owned place that holds live entertainment events, including, but not limited to, an arena, auditorium, concert hall, live performance venue, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission.(2)Entertainment venue does not include an amusement park or fairground unless the venue is hosting an event, concert, or music festival requiring a ticket, in addition to general admission to the park or fair, for entry.(e)Event presenter means the person or organization that is responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including the rights holder, or their authorized agent.(f)Face price is the price established by the event presenter, rights holder, or venue operator prior to the original sale of a ticket, exclusive of any fees or charges.(g)Live entertainment event means a scheduled live performance at a specific date, time, and location, including, but not limited to, a theatrical or operatic performance, concert, or sporting event, including, but not limited to, football, basketball, baseball, boxing, tennis, hockey, or any other sport.(h)Original seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.(i)Premium seat license means a license that entitles the holder to purchase tickets for a designated seat in a venue for multiple events, which include music shows in addition to nonmusic shows, over a period of time that is at least one year.(j)Professional athletic team means any entity that has all of the following characteristics:(1)It employs concurrently during the taxable year five or more persons, who are compensated for being participating members of an athletic team engaging in public contests.(2)Is a member of a league composed of at least five entities that are engaged in the operation of an athletic team and that are located in this and other states, or in other countries.(3)Has total minimum paid attendance in the aggregate for all contests wherever played during the taxable year of 40,000 persons.(4)Has minimum gross income in the taxable year of one hundred thousand dollars ($100,000).(5)Does not participate in college athletics.(k)Rights holder means an artist, performing arts organization, theater or dance company, professional athletic team, professional athletic league, author, lecturer, or any other persons who are the primary speakers or performers at an event for which tickets are sold.(l)Ticket means a license, issued by the venue operator, for admission to the place of entertainment at the date and time specified on the ticket, subject to the terms and conditions as specified by the rights holder and venue operator.(m)Ticket resale marketplace means an entity that, for compensation, commission, or otherwise, advertises, lists, markets for sale, processes payments for, facilitates the resale of, or resells an admission ticket for, a sporting, musical, theater, or other live entertainment event.(n)Ticket reseller means a person who for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event other than a ticket for original sale sold by an original seller.(o)Venue operator means any person who owns, operates, manages, or controls an entertainment venue.(a)Consumer means a natural person who purchases a ticket with the reasonable expectation of attending an event.
(b)Event presenter means the person or organization responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including a rights holder or their authorized agent.
(c)Original seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
(d)Rights holder means an artist, performing arts organization, theater company, dance company, professional athletic team, professional athletic league, author, lecturer, or other person that is a primary performer, participant, speaker, or presenter at an event for which tickets are sold.
(e)Ticket resale marketplace means an entity that, for compensation, commission, or otherwise, operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates the resale of admission tickets for, a sporting, musical, theater, or other entertainment event between third parties, and includes an original seller to the extent that the original seller operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates resale.
(f)Ticket reseller means a person or entity, other than a consumer or season ticket holder, who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells admission tickets to, a sporting, musical, theater, or other entertainment event on the secondary market.
(g)Ticket seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells an admission ticket to, a sporting, musical, theater, or other entertainment event.
(h)Venue operator means a person who owns, operates, manages, or controls a venue at which a sporting, musical, theater, or other entertainment event is presented.
(i)Season ticket holder means a person who purchases a package of tickets for multiple events from an original seller, event presenter, rights holder, or venue operator pursuant to a season ticket membership, subscription, premium seat license, or similar ticketing program.
SEC. 16.Section 22503.5 of the Business and Professions Code is repealed.SEC. 17.Section 22503.6 of the Business and Professions Code is amended and renumbered to read:22503.4.This chapter does not apply to an officially appointed agent of an air carrier, ocean carrier, or motor coach carrier that purchases or sells tickets in conjunction with a tour package accomplished through the primary event promoter or their agent by written agreement.
SEC. 18.Section 22505.2 is added to the Business and Professions Code, to read:22505.2.(a)A person shall not use an internet website, or cause an internet website to be used, to display either of the following:
(1)A trademarked or copyrighted URL, title, designation, image, mark, or other symbol without the written consent of the trademark or copyrightholder.
(2)Any combination of text, images, web designs, or internet addresses that is substantially similar to the internet website of an event presenter, venue operator, or original seller, or any of their authorized agents, without the written consent of the event presenter, venue operator, or original seller.
(b)A ticket reseller shall not represent that the live entertainment event is sold out or use the term sold out when tickets are still available on the original sellers website.
(c)In addition to the punishments contained in this chapter, a violation of this section constitutes false advertising pursuant to Section 17500.
SEC. 19.Section 22505.5 of the Business and Professions Code is amended to read:22505.5.Notwithstanding Section 22503.4, 22504, or 22511, it shall be unlawful for a person to intentionally use, cause to be used, or sell software or services to do, or to otherwise engage in, any of the following:(a)Purchase tickets in excess of posted limits for an online event ticket sale.(b)Circumvent or disable an electronic queue, waiting period, presale code, or other sales volume limitation system associated with an online event ticket sale.(c)Circumvent or disable a security measure, access control system, or other control or measure that is used to facilitate authorized entry into an event.(d)Purchase tickets in violation of the event presenter, or venue operators posted terms and conditions.(e)Utilize multiple Internet Protocol addresses, multiple purchaser accounts, or multiple email addresses to purchase tickets in excess of posted ticket limits.SEC. 19.Section 22505.5 of the Business and Professions Code is repealed.22505.5.(a)Notwithstanding Section 22503.5, 22503.6, 22504, or 22511, it shall be unlawful for a person to intentionally use or sell software or services to circumvent a security measure, access control system, or other control or measure that is used to ensure an equitable ticket buying process for event attendees.(b)For purposes of this section:(1)Event attendee means a person who purchases one or more tickets with the intent to attend the event for which the ticket or tickets are purchased. An event attendee does not include a ticket seller.(2)A control or measure that is used to ensure an equitable ticket buying process includes limits on the number of tickets that a person can purchase.SEC. 20.Section 22505.5 is added to the Business and Professions Code, to read:22505.5.Notwithstanding Section 22503.4, 22504, or 22511, it shall be unlawful for a person to knowingly use, cause to be used, provide, sell, offer for sale, market, or facilitate software or services to do, or otherwise engage in, any of the following:
(a)Purchase tickets in excess of posted limits for an online event ticket sale.
(b)Circumvent or evade an electronic queue, waiting period, presale restriction or presale code, ticket purchasing limit, account limitation, or other ticket distribution control established and disclosed by the event presenter, venue operator, rights holder, or ticket seller.
(c)Circumvent or disable a security measure, access control system, or other control or measure used to facilitate authorized ticket sales or authorized entry into an event.
(d)Utilize multiple Internet Protocol addresses, multiple purchaser accounts, multiple email addresses, or other technological means to purchase tickets in excess of posted ticket limits or otherwise evade ticket purchasing restrictions established pursuant to subdivision (b).
(e)Use software, services, automated means, or other technological methods to automate, coordinate, facilitate, or otherwise enable conduct prohibited by this section.
SEC. 21.Section 22505.6 is added to the Business and Professions Code, to read:22505.6.(a)It shall be unlawful for a person, ticket seller, original seller, ticket reseller, ticket resale marketplace, or other person acting in connection with the sale or resale of tickets to advertise, market, or offer tickets for sale in a manner that is likely to mislead a reasonable consumer regarding the source, sponsorship, authorization, availability, price, or nature of the ticket being offered.
(b)A person shall not use an internet website, internet address, domain name, trade name, trademark, service mark, logo, design, text, image, or other identifying characteristic, or any combination thereof, that is substantially similar to, or reasonably likely to be confused with, that of an event presenter, venue operator, rights holder, original seller, or authorized agent, if displayed with an intent to confuse or deceive consumers or where such display is reasonably likely to confuse or deceive consumers regarding the source, sponsorship, authorization, or affiliation of the website or advertisement.
(c)A person shall not represent or imply that:
(1)A ticket is available from an authorized source when the ticket is being offered through resale.
(2)A live entertainment event is sold out when tickets remain available from the original seller or an authorized seller.
(3)A consumer is purchasing a ticket from an event presenter, venue operator, rights holder, original seller, or authorized agent when the consumer is purchasing from a reseller or ticket resale marketplace.
(4)A ticket listing reflects a specific seat, section, row, or location if the seller does not have a reasonable basis to make that representation.
(d)A violation of this section constitutes false or misleading advertising for purposes of Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 and an unlawful business practice for purposes of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7.
SEC. 20.SEC. 22.Section 22507 of the Business and Professions Code is amended to read:22507.(a)(1)The ticket price of an event that is canceled shall be fully refunded to the consumer by the person who sold or facilitated the sale of the ticket to the consumer, whether an original seller, event presenter, ticket reseller, or ticket resale marketplace, within 30 calendar days of the cancellation.
(2)Nonprofit event presenters and nonprofit venue operators shall provide the consumer with the choice of a full refund for the ticket price of an event that is canceled, or at least one of the following options whereby the event presenter or venue operator shall either:
(A)Provide the consumer with a gift certificate in an amount equivalent to the value of the canceled ticket.
(B)Exchange the ticket for a different event if the new ticket has a value that is equal to or greater than the value of the canceled ticket.
(C)Allow the consumer to donate the value of the ticket at the time of purchase to the nonprofit event presenter or nonprofit venue operator.
(b)The ticket price of an event that is postponed, rescheduled, or replaced with another event at the same date and time, shall be, at the option of the consumer, fully refunded or credited to the account of the consumer by the person who processed the sale of the ticket upon request within 30 calendar days of the refund request.
(c)For purposes of this section, a rescheduled event includes a canceled occurrence of a recurring event for which the consumer is offered the opportunity to attend another, materially identical occurrence of the same event at a different date or time.
(d)A local jurisdiction may require an original seller, ticket reseller, or ticket resale marketplace to provide a bond of not more than fifty thousand dollars ($50,000) to provide for any refunds that may be required by this section.
SEC. 21.SEC. 23.Section 22508 of the Business and Professions Code is repealed.SEC. 22.SEC. 24.Section 22508 is added to the Business and Professions Code, to read:22508.Ticket resellers and ticket resale marketplaces shall disclose in the description of the price of a ticket that the ticket is a resale ticket that may be offered at a price that is more than the face price of the original ticket. Ticket resellers and ticket marketplaces shall include in any listing for a resale ticket the face price of the original ticket.
SEC. 23.SEC. 25.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares all of the following:
(1)Music represents a fundamental expression of human creativity and cultural heritage, serving as a universal language that builds community, transcends barriers, and enriches the human experience.
(2)Live musical performances create irreplaceable moments of collective joy and shared experience, fostering social bonds, and building lasting memories that define generations.
(3)Artists dedicate their lives to creating and performing music, making significant contributions to our society's cultural fabric while facing unique economic challenges and professional uncertainties.
(4)The music industry is a vital economic engine for the State of California, contributing over $51,000,000,000 to California's GDP, supporting more than 450,000 jobs, sustaining over 80,000 music establishments, and providing opportunities for more than 258,000 songwriters in California alone, according to data from 50statesofmusic.com.
(5)The ability of artists to connect directly with their fans through live performances is essential to their artistic expression, professional sustainability, and ability to build lasting careers in music.
(6)The integrity of the live music experience depends on fair, transparent, and accessible ticketing practices that serve the interests of both artists and their fans.
(7)The rise of predatory ticketing practices, including the use of automated purchasing software, speculative ticket sales, and deceptive marketing, threatens artists ability to ensure that their performances remain accessible to their intended audiences.
(8)Artists have a fundamental right to determine how their creative work is presented and distributed.
(9)The relationship between artists and their audiences must be protected from exploitation by third parties who add no value to the creative ecosystem while extracting excessive profits from both creators and consumers.
(10)The future vitality of live music as an art form depends on maintaining an equitable marketplace that respects artists rights, facilitates fair compensation for their work, and ensures fans can access performances at transparent prices.
(11)State action is necessary to protect the cultural and economic ecosystem of live music performance, preserve artist-fan relationships, and ensure the sustainability of musical creation and performance as a profession.
(12)Establishing clear standards for ticket sales and resale will protect the rights of artists while ensuring fans have fair access to live performances, thus preserving musics essential role in our society.
(b)It is the intent of the Legislature to establish comprehensive regulation of ticket sales and resale practices to protect the rights of artists and fans, preserve the integrity of live music performances, and ensure the long-term vitality of musical culture in California.
SEC. 2.Section 22500 of the Business and Professions Code is repealed.SEC. 3.Section 22500 is added to the Business and Professions Code, to read:22500.(a)Original sellers, ticket resellers, and ticket resale marketplaces shall be registered and be duly licensed, as may be required by any local jurisdiction.
(b)A violation of this section is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both.
(c)For the purposes of this chapter, each ticket purchased in a manner prohibited by Section 22505.5, or sold or offered for sale in violation of this chapter, shall constitute a separate violation.
(d)An action for a violation of this chapter may be brought only by any of the following:
(1)The Attorney General.
(2)A district attorney.
(3)A city attorney.
(4)A county counsel.
(5)A city prosecutor.
(e)In an action alleging a violation of this chapter, the court shall impose a civil penalty of not more than ten thousand dollars ($10,000) for each violation of this chapter. In addition, the court shall award a prevailing public prosecutor reasonable costs and attorneys fees. In determining the amount of the civil penalty, the court shall consider all of the relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following:
(1)The nature and seriousness of the misconduct.
(2)The number of violations.
(3)The persistence of the misconduct.
(4)The length of time during which the misconduct occurred.
(5)The willfulness of the misconduct.
(6)The assets, liabilities, and net worth of the defendant.
(f)The remedies provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state.
SEC. 4.Section 22501 of the Business and Professions Code is amended to read:22501.Original sellers, ticket resellers, and ticket resale marketplaces shall maintain records of ticket sales, deposits, and refunds for a minimum of 12 months after the initial sale.
SEC. 5.Section 22502 of the Business and Professions Code is repealed.SEC. 6.Section 22502 is added to the Business and Professions Code, to read:22502.(a)An original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, shall own, possess, have actual or constructive possession of the ticket, or have the a contractual agreement with the event presenter or venue operator to sell the ticket.
(b)An original seller or a ticket reseller, at the time of listing or marketing of, and before selling, a ticket, shall disclose to the consumer, by means of a description or a map, the location within the entertainment venue that the ticket will permit the consumer to occupy, including the section, row, and seat number represented by each ticket, and the face price printed or displayed on the ticket that they are listing for resale, unless that ticket is designated as standing room only or not otherwise associated with occupying a particular location within a venue.
(c)Subdivision (b) shall not apply to any of the following:
(1)Flexible series ticketing options that allow attendees to commit to a number of performances in advance, while choosing the specific performances at a later date.
(2)Season tickets that are purchased as a package and are not individually priced.
(3)Special fundraising events presented by nonprofit venue operators and event presenters.
SEC. 7.Section 22502.1 of the Business and Professions Code is repealed.SEC. 8.Section 22502.1 is added to the Business and Professions Code, to read:22502.1.(a)(1) A ticket resale marketplace, before accepting a listing to market or sell a ticket, shall require that the person listing the ticket own, possess, have actual or constructive possession of the ticket, or have the contractual right to sell the ticket, and be able to deliver the ticket to the consumer.
(2)By allowing a ticket to be posted for resale on its website, a ticket resale marketplace is confirming that the ticket is being sold in compliance with all applicable state laws. the requirements of this chapter.
(b)A ticket resale marketplace, on its internet website in each ticket listing, shall disclose to the consumer, by means of a description or a map, the location within the entertainment venue that the ticket will entitle the consumer to occupy, including the section, row, and seat number represented by each ticket, unless the ticket is designated as standing-room only or not otherwise associated with occupying a particular location within a venue.
SEC. 9.Section 22502.2 of the Business and Professions Code is repealed.SEC. 10.Section 22502.3 of the Business and Professions Code is repealed.SEC. 11.Section 22502.3 is added to the Business and Professions Code, to read:22502.3.(a)It shall be unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket, or accept consideration for payment in full or for a deposit for the sale of a ticket if they do not own, possess, have actual or constructive possession of the ticket, or have a contractual agreement with the event presenter or venue operator to sell the ticket.
(b)In addition to the requirements of subdivision (a), it shall be unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket, or accept consideration for payment in full or for a deposit for the sale of a ticket, unless the ticket has been made available for sale on the internet to the public by the presenter, including, without limitation, through a presale, fan club presale, or any other promotional presale event, or the presenter has otherwise provided permission to the original seller or ticket reseller to do so.
SEC. 12.Section 22502.4 is added to the Business and Professions Code, to read:22502.4.It shall be unlawful for an original seller, a ticket reseller, or a ticket resale marketplace to do either of the following:
(a)Represent that they can deliver, or cause to be delivered, a ticket at a specific price or within a specific price range, and to fail to deliver within a reasonable time, or by a contracted time, the ticket, at or below the price stated or within the range of prices stated.
(b)Misrepresent or mislead the consumer with regard to the access and provisions the ticket provides.
SEC. 13.Section 22502.5 is added to the Business and Professions Code, to read:22502.5.In addition to other remedies, an original seller, a ticket reseller, or a ticket resale marketplace that violates Section 22502.1 or 22502.4 shall be civilly liable to the ticket consumer for two times the contracted price of the ticket, in addition to any sum expended by the consumer in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorneys fees and court costs.
SEC. 14.Section 22503 of the Business and Professions Code is repealed.SEC. 15.Section 22503 is added to the Business and Professions Code, to read:22503.For purposes of this chapter, the following terms have the following meanings:
(a)Artist means an actor rendering services on the stage, musical artist, musical organization, or other performing artist rendering professional services in theatrical and other live entertainment enterprises.
(b)Consumer means a natural person or persons who purchase tickets to an entertainment event with the express purpose of attending that event.
(c)Constructive possession means that the person has fully paid for the ticket, holds a legally enforceable right to receive delivery of the ticket, and has received confirmation of purchase or assignment from the original ticket seller, event presenter, or venue operator.
(c)(d)(1)Entertainment venue means a publicly or privately owned place that holds live entertainment events, including, but not limited to, an arena, auditorium, concert hall, live performance venue, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission.
(2)Entertainment venue does not include an amusement park or fairground unless the venue is hosting an event, concert, or music festival requiring a ticket, in addition to general admission to the park or fair, for entry.
(d)(e)Event presenter means the person or organization that is responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including the rights holder, or their authorized agent.
(e)(f)Face price is the price established by the event presenter, rights holder, or venue operator prior to the original sale of a ticket, exclusive of any fees or charges.
(f)(g)Live entertainment event means a scheduled live performance at a specific date, time, and location, including, but not limited to, a theatrical or operatic performance, concert, or sporting event, including, but not limited to, football, basketball, baseball, boxing, tennis, hockey, or any other sport.
(g)(h)Original seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
(h)(i)Premium seat license means a license that entitles the holder to purchase tickets for a designated seat in a venue for multiple events, which include music shows in addition to nonmusic shows, over a period of time that is at least one year.
(i)(j)Professional athletic team means any entity that has all of the following characteristics:
(1)It employs concurrently during the taxable year five or more persons, who are compensated for being participating members of an athletic team engaging in public contests.
(2)Is a member of a league composed of at least five entities that are engaged in the operation of an athletic team and that are located in this and other states, or in other countries.
(3)Has total minimum paid attendance in the aggregate for all contests wherever played during the taxable year of 40,000 persons.
(4)Has minimum gross income in the taxable year of one hundred thousand dollars ($100,000).
(5)Does not participate in college athletics.
(j)(k)Rights holder means an artist, performing arts organization, theater or dance company, professional athletic team, professional athletic league, author, lecturer, or any other persons who are the primary speakers or performers at an event for which tickets are sold.
(k)(l)Ticket means a license, issued by the venue operator, for admission to the place of entertainment at the date and time specified on the ticket, subject to the terms and conditions as specified by the rights holder and venue operator.
(l)(m)Ticket resale marketplace means an entity that, for compensation, commission, or otherwise, advertises, lists, markets for sale, processes payments for, facilitates the resale of, or resells an admission ticket for, a sporting, musical, theater, or other live entertainment event.
(m)(n)Ticket reseller means a person who for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event other than a ticket for original sale sold by an original seller.
(n)(o)Venue operator means any person who owns, operates, manages, or controls an entertainment venue.
SEC. 16.Section 22503.5 of the Business and Professions Code is repealed.SEC. 17.Section 22503.6 of the Business and Professions Code is amended and renumbered to read:22503.4.This chapter does not apply to an officially appointed agent of an air carrier, ocean carrier, or motor coach carrier that purchases or sells tickets in conjunction with a tour package accomplished through the primary event promoter or their agent by written agreement.
SEC. 18.Section 22505.2 is added to the Business and Professions Code, to read:22505.2.(a)A person shall not use an internet website, or cause an internet website to be used, to display either of the following:
(1)A trademarked or copyrighted URL, title, designation, image, mark, or other symbol without the written consent of the trademark or copyrightholder.
(2)Any combination of text, images, web designs, or internet addresses that is substantially similar to the internet website of an event presenter, venue operator, or original seller, or any of their authorized agents, without the written consent of the event presenter, venue operator, or original seller.
(b)A ticket reseller shall not represent that the live entertainment event is sold out or use the term sold out when tickets are still available on the original sellers website.
(c)In addition to the punishments contained in this chapter, a violation of this section constitutes false advertising pursuant to Section 17500.
SEC. 19.Section 22505.5 of the Business and Professions Code is amended to read:22505.5.Notwithstanding Section 22503.4, 22504, or 22511, it shall be unlawful for a person to intentionally use, cause to be used, or sell software or services to do, or to otherwise engage in, any of the following:
(a)Purchase tickets in excess of posted limits for an online event ticket sale.
(b)Circumvent or disable an electronic queue, waiting period, presale code, or other sales volume limitation system associated with an online event ticket sale.
(c)Circumvent or disable a security measure, access control system, or other control or measure that is used to facilitate authorized entry into an event.
(d)Purchase tickets in violation of the event presenter, or venue operators posted terms and conditions.
(e)Utilize multiple Internet Protocol addresses, multiple purchaser accounts, or multiple email addresses to purchase tickets in excess of posted ticket limits.
SEC. 20.Section 22507 of the Business and Professions Code is amended to read:22507.(a)(1)The ticket price of an event that is canceled shall be fully refunded to the consumer by the person who sold or facilitated the sale of the ticket to the consumer, whether an original seller, event presenter, ticket reseller, or ticket resale marketplace, within 30 calendar days of the cancellation.
(2)Nonprofit event presenters and nonprofit venue operators shall provide the consumer with the choice of a full refund for the ticket price of an event that is canceled, or at least one of the following options whereby the event presenter or venue operator shall either:
(A)Provide the consumer with a gift certificate in an amount equivalent to the value of the canceled ticket.
(B)Exchange the ticket for a different event if the new ticket has a value that is equal to or greater than the value of the canceled ticket.
(C)Allow the consumer to donate the value of the ticket at the time of purchase to the nonprofit event presenter or nonprofit venue operator.
(b)The ticket price of an event that is postponed, rescheduled, or replaced with another event at the same date and time, shall be, at the option of the consumer, fully refunded or credited to the account of the consumer by the person who processed the sale of the ticket upon request within 30 calendar days of the refund request.
(c)For purposes of this section, a rescheduled event includes a canceled occurrence of a recurring event for which the consumer is offered the opportunity to attend another, materially identical occurrence of the same event at a different date or time.
(d)A local jurisdiction may require an original seller, ticket reseller, or ticket resale marketplace to provide a bond of not more than fifty thousand dollars ($50,000) to provide for any refunds that may be required by this section.
SEC. 21.Section 22508 of the Business and Professions Code is repealed.SEC. 22.Section 22508 is added to the Business and Professions Code, to read:22508.Ticket resellers and ticket resale marketplaces shall disclose in the description of the price of a ticket that the ticket is a resale ticket that may be offered at a price that is more than the face price of the original ticket. Ticket resellers and ticket marketplaces shall include in any listing for a resale ticket the face price of the original ticket.
SEC. 23.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares all of the following:
(1)Music represents a fundamental expression of human creativity and cultural heritage, serving as a universal language that builds community, transcends barriers, and enriches the human experience.
(2)Live musical performances create irreplaceable moments of collective joy and shared experience, fostering social bonds, and building lasting memories that define generations.
(3)Artists dedicate their lives to creating and performing music, making significant contributions to our society's cultural fabric while facing unique economic challenges and professional uncertainties.
(4)The music industry is a vital economic engine for the State of California, contributing over $51,000,000,000 to California's GDP, supporting more than 450,000 jobs, sustaining over 80,000 music establishments, and providing opportunities for more than 258,000 songwriters in California alone, according to data from 50statesofmusic.com.
(5)The ability of artists to connect directly with their fans through live performances is essential to their artistic expression, professional sustainability, and ability to build lasting careers in music.
(6)The integrity of the live music experience depends on fair, transparent, and accessible ticketing practices that serve the interests of both artists and their fans.
(7)The rise of predatory ticketing practices, including the use of automated purchasing software, speculative ticket sales, and deceptive marketing, threatens artists ability to ensure that their performances remain accessible to their intended audiences.
(8)Artists have a fundamental right to determine how their creative work is presented and distributed.
(9)The relationship between artists and their audiences must be protected from exploitation by third parties who add no value to the creative ecosystem while extracting excessive profits from both creators and consumers.
(10)The future vitality of live music as an art form depends on maintaining an equitable marketplace that respects artists rights, facilitates fair compensation for their work, and ensures fans can access performances at transparent prices.
(11)State action is necessary to protect the cultural and economic ecosystem of live music performance, preserve artist-fan relationships, and ensure the sustainability of musical creation and performance as a profession.
(12)Establishing clear standards for ticket sales and resale will protect the rights of artists while ensuring fans have fair access to live performances, thus preserving musics essential role in our society.
(b)It is the intent of the Legislature to establish comprehensive regulation of ticket sales and resale practices to protect the rights of artists and fans, preserve the integrity of live music performances, and ensure the long-term vitality of musical culture in California.
SEC. 2.Section 22500 of the Business and Professions Code is repealed.SEC. 3.Section 22500 is added to the Business and Professions Code, to read:22500.(a)Original sellers, ticket resellers, and ticket resale marketplaces shall be registered and be duly licensed, as may be required by any local jurisdiction.
(b)A violation of this section is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both.
(c)For the purposes of this chapter, each ticket purchased in a manner prohibited by Section 22505.5, or sold or offered for sale in violation of this chapter, shall constitute a separate violation.
(d)An action for a violation of this chapter may be brought only by any of the following:
(1)The Attorney General.
(2)A district attorney.
(3)A city attorney.
(4)A county counsel.
(5)A city prosecutor.
(e)In an action alleging a violation of this chapter, the court shall impose a civil penalty of not more than ten thousand dollars ($10,000) for each violation of this chapter. In addition, the court shall award a prevailing public prosecutor reasonable costs and attorneys fees. In determining the amount of the civil penalty, the court shall consider all of the relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following:
(1)The nature and seriousness of the misconduct.
(2)The number of violations.
(3)The persistence of the misconduct.
(4)The length of time during which the misconduct occurred.
(5)The willfulness of the misconduct.
(6)The assets, liabilities, and net worth of the defendant.
(f)The remedies provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state.
SEC. 4.Section 22501 of the Business and Professions Code is amended to read:22501.Original sellers, ticket resellers, and ticket resale marketplaces shall maintain records of ticket sales, deposits, and refunds for a minimum of 12 months after the initial sale.
SEC. 5.Section 22502 of the Business and Professions Code is repealed.SEC. 6.Section 22502 is added to the Business and Professions Code, to read:22502.(a)An original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, shall own, possess, or have the contractual agreement with the event presenter or venue operator to sell the ticket.
(b)An original seller or a ticket reseller, at the time of listing or marketing of, and before selling, a ticket, shall disclose to the consumer, by means of a description or a map, the location within the entertainment venue that the ticket will permit the consumer to occupy, including the section, row, and seat number represented by each ticket, and the face price printed or displayed on the ticket that they are listing for resale, unless that ticket is designated as standing room only or not otherwise associated with occupying a particular location within a venue.
(c)Subdivision (b) shall not apply to either any of the following:
(1)Flexible series ticketing options that allow attendees to commit to a number of performances in advance, while choosing the specific performances at a later date.
(2)Season tickets that are purchased as a package and are not individually priced.
(3)Special fundraising events presented by nonprofit venue operators and event presenters.
SEC. 7.Section 22502.1 of the Business and Professions Code is repealed.SEC. 8.Section 22502.1 is added to the Business and Professions Code, to read:22502.1.(a)(1) A ticket resale marketplace, before accepting a listing to market or sell a ticket, shall require that the person listing the ticket own, possess, or have the contractual right to sell the ticket, and be able to deliver the ticket to the consumer.
(2)By allowing a ticket to be posted for resale on its website, a ticket resale marketplace is confirming that the ticket is being sold in compliance with all applicable state laws.
(b)A ticket resale marketplace, on its internet website in each ticket listing, shall disclose to the consumer, by means of a description or a map, the location within the entertainment venue that the ticket will entitle the consumer to occupy, including the section, row, and seat number represented by each ticket, unless the ticket is designated as standing-room only or not otherwise associated with occupying a particular location within a venue.
SEC. 9.Section 22502.2 of the Business and Professions Code is repealed.SEC. 10.Section 22502.3 of the Business and Professions Code is repealed.SEC. 11.Section 22502.3 is added to the Business and Professions Code, to read:22502.3.(a)It shall be unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket, or accept consideration for payment in full or for a deposit for the sale of a ticket if they do not own, possess, or have a contractual agreement with the event presenter or venue operator to sell the ticket.
(b)In addition to the requirements of subdivision (a), it shall be unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket, or accept consideration for payment in full or for a deposit for the sale of a ticket, unless the ticket has been made available for sale on the internet to the public by the presenter, including, without limitation, through a presale, fan club presale, or any other promotional presale event, or the presenter has otherwise provided permission to the original seller or ticket reseller to do so.
SEC. 12.Section 22502.4 is added to the Business and Professions Code, to read:22502.4.It shall be unlawful for an original seller, a ticket reseller, or a ticket resale marketplace to do either of the following:
(a)Represent that they can deliver, or cause to be delivered, a ticket at a specific price or within a specific price range, and to fail to deliver within a reasonable time, or by a contracted time, the ticket, at or below the price stated or within the range of prices stated.
(b)Misrepresent or mislead the consumer with regard to the access and provisions the ticket provides.
SEC. 13.Section 22502.5 is added to the Business and Professions Code, to read:22502.5.In addition to other remedies, an original seller, a ticket reseller, or a ticket resale marketplace that violates Section 22502.1 or 22502.4 shall be civilly liable to the ticket consumer for two times the contracted price of the ticket, in addition to any sum expended by the consumer in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorneys fees and court costs.
SEC. 14.Section 22503 of the Business and Professions Code is repealed.SEC. 15.Section 22503 is added to the Business and Professions Code, to read:22503.For purposes of this chapter, the following terms have the following meanings:
(a)Artist means an actor rendering services on the stage, musical artist, musical organization, or other performing artist rendering professional services in theatrical and other live entertainment enterprises.
(b)Consumer means a natural person or persons who purchase tickets to an entertainment event with the express purpose of attending that event.
(c)(1)Entertainment venue means a publicly or privately owned place that holds live entertainment events, including, but not limited to, an arena, auditorium, concert hall, live performance venue, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission.
(2)Entertainment venue does not include an amusement park or fairground unless the venue is hosting an event, concert, or music festival requiring a ticket, in addition to general admission to the park or fair, for entry.
(d)Event presenter means the person or organization that is responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including the rights holder, or their authorized agent.
(e)Face price is the price established by the event presenter, rights holder, or venue operator prior to the original sale of a ticket, exclusive of any fees or charges.
(f)Live entertainment event means a scheduled live performance at a specific date, time, and location, including, but not limited to, a theatrical or operatic performance, concert, or sporting event, including, but not limited to, football, basketball, baseball, boxing, tennis, hockey, or any other sport.
(g)Original seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
(h)Premium seat license means a license that entitles the holder to purchase tickets for a designated seat in a venue for multiple events, which include music shows in addition to nonmusic shows, over a period of time that is at least one year.
(i)Professional athletic team means any entity that has all of the following characteristics:
(1)It employs concurrently during the taxable year five or more persons, who are compensated for being participating members of an athletic team engaging in public contests.
(2)Is a member of a league composed of at least five entities that are engaged in the operation of an athletic team and that are located in this and other states, or in other countries.
(3)Has total minimum paid attendance in the aggregate for all contests wherever played during the taxable year of 40,000 persons.
(4)Has minimum gross income in the taxable year of one hundred thousand dollars ($100,000).
(5)Does not participate in college athletics.
(j)Rights holder means an artist, performing arts organization, theater or dance company, professional athletic team, professional athletic league, author, lecturer, or any other persons who are the primary speakers or performers at an event for which tickets are sold.
(k)Ticket means a license, issued by the venue operator, for admission to the place of entertainment at the date and time specified on the ticket, subject to the terms and conditions as specified by the rights holder and venue operator.
(l)Ticket resale marketplace means an entity that, for compensation, commission, or otherwise, advertises, lists, markets for sale, processes payments for, facilitates the resale of, or resells an admission ticket for, a sporting, musical, theater, or other live entertainment event.
(m)Ticket reseller means a person who for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event other than a ticket for original sale sold by an original seller.
(n)Venue operator means any person who owns, operates, manages, or controls an entertainment venue.
SEC. 16.Section 22503.5 of the Business and Professions Code is repealed.SEC. 17.Section 22503.6 of the Business and Professions Code is amended and renumbered to read:22503.4.This chapter does not apply to an officially appointed agent of an air carrier, ocean carrier, or motor coach carrier that purchases or sells tickets in conjunction with a tour package accomplished through the primary event promoter or their agent by written agreement.
SEC. 18.Section 22505.2 is added to the Business and Professions Code, to read:22505.2.(a)A person shall not use an internet website, or cause an internet website to be used, to display either of the following:
(1)A trademarked or copyrighted URL, title, designation, image, mark, or other symbol without the written consent of the trademark or copyrightholder.
(2)Any combination of text, images, web designs, or internet addresses that is substantially similar to the internet website of an event presenter, venue operator, or original seller, or any of their authorized agents, without the written consent of the event presenter, venue operator, or original seller.
(b)A ticket reseller shall not represent that the live entertainment event is sold out or use the term sold out when tickets are still available on the original sellers website.
(c)In addition to the punishments contained in this chapter, a violation of this section constitutes false advertising pursuant to Section 17500.
SEC. 19.Section 22505.5 of the Business and Professions Code is amended to read:22505.5.Notwithstanding Section 22503.4, 22504, or 22511, it shall be unlawful for a person to intentionally use, cause to be used, or sell software or services to do, or to otherwise engage in, any of the following:
(a)Purchase tickets in excess of posted limits for an online event ticket sale.
(b)Circumvent or disable an electronic queue, waiting period, presale code, or other sales volume limitation system associated with an online event ticket sale.
(c)Circumvent or disable a security measure, access control system, or other control or measure that is used to facilitate authorized entry into an event.
(d)Purchase tickets in violation of the event presenter, or venue operators posted terms and conditions.
(e)Utilize multiple Internet Protocol addresses, multiple purchaser accounts, or multiple email addresses to purchase tickets in excess of posted ticket limits.
SEC. 20.Section 22507 of the Business and Professions Code is amended to read:22507.(a)(1)The ticket price of an event that is canceled shall be fully refunded to the consumer by the person who sold or facilitated the sale of the ticket to the consumer, whether an original seller, event presenter, ticket reseller, or ticket resale marketplace, within 30 calendar days of the cancellation.
(2)Nonprofit event presenters and nonprofit venue operators shall provide the consumer with the choice of a full refund for the ticket price of an event that is canceled, or at least one of the following options whereby the event presenter or venue operator shall either:
(A)Provide the consumer with a gift certificate in an amount equivalent to the value of the canceled ticket.
(B)Exchange the ticket for a different event if the new ticket has a value that is equal to or greater than the value of the canceled ticket.
(C)Allow the consumer to donate the value of the ticket at the time of purchase to the nonprofit event presenter or nonprofit venue operator.
(b)The ticket price of an event that is postponed, rescheduled, or replaced with another event at the same date and time, shall be, at the option of the consumer, fully refunded or credited to the account of the consumer by the person who processed the sale of the ticket upon request within 30 calendar days of the refund request.
(c)For purposes of this section, a rescheduled event includes a canceled occurrence of a recurring event for which the consumer is offered the opportunity to attend another, materially identical occurrence of the same event at a different date or time.
(d)A local jurisdiction may require an original seller, ticket reseller, or ticket resale marketplace to provide a bond of not more than fifty thousand dollars ($50,000) to provide for any refunds that may be required by this section.
SEC. 21.Section 22508 of the Business and Professions Code is repealed.SEC. 22.Section 22508 is added to the Business and Professions Code, to read:22508.Ticket resellers and ticket resale marketplaces shall disclose in the description of the price of a ticket that the ticket is a resale ticket that may be offered at a price that is more than the face price of the original ticket. Ticket resellers and ticket marketplaces shall include in any listing for a resale ticket the face price of the original ticket.
SEC. 23.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares all of the following:
(1)Music represents a fundamental expression of human creativity and cultural heritage, serving as a universal language that builds community, transcends barriers, and enriches the human experience.
(2)Live musical performances create irreplaceable moments of collective joy and shared experience, fostering social bonds bonds, and building lasting memories that define generations.
(3)Artists dedicate their lives to creating and performing music, making significant contributions to our society's cultural fabric while facing unique economic challenges and professional uncertainties.
(4)The music industry is a vital economic engine for the State of California, contributing over $51 billion $51,000,000,000 to California's GDP, supporting more than 450,000 jobs, sustaining over 80,000 music establishments, and providing opportunities for more than 258,000 songwriters in California alone, according to data from 50StatesOfMusic.com. 50statesofmusic.com.
(5)The ability of artists to connect directly with their fans through live performances is essential to their artistic expression, professional sustainability, and ability to build lasting careers in music.
(6)The integrity of the live music experience depends on fair, transparent, and accessible ticketing practices that serve the interests of both artists and their fans.
(7)The rise of predatory ticketing practices, including the use of automated purchasing software, speculative ticket sales, and deceptive marketing, threatens artists ability to ensure that their performances remain accessible to their intended audiences.
(8)Artists have a fundamental right to determine how their creative work is presented and distributed.
(9)The relationship between artists and their audiences must be protected from exploitation by third parties who add no value to the creative ecosystem while extracting excessive profits from both creators and consumers.
(10)The future vitality of live music as an art form depends on maintaining an equitable marketplace that respects artists rights, facilitates fair compensation for their work, and ensures fans can access performances at transparent prices.
(11)State action is necessary to protect the cultural and economic ecosystem of live music performance, preserve artist-fan relationships, and ensure the sustainability of musical creation and performance as a profession.
(12)Establishing clear standards for ticket sales and resale will protect the rights of artists while ensuring fans have fair access to live performances, thus preserving musics essential role in our society.
(b)It is the intent of the Legislature to establish comprehensive regulation of ticket sales and resale practices to protect the rights of artists and fans, preserve the integrity of live music performances, and ensure the long-term vitality of musical culture in California.
SEC. 2.Section 22500 of the Business and Professions Code is repealed.SEC. 3.Section 22500 is added to the Business and Professions Code, to read:22500.(a)Original sellers, ticket resellers, and ticket resale marketplaces shall be registered and be duly licensed, as may be required by any local jurisdiction.
(b)A violation of this section is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both.
(c)For the purposes of this chapter, each ticket purchased in a manner prohibited by Section 22505.5, or sold or offered for sale in violation of this chapter, shall constitute a separate violation.
(d)An action for a violation of this chapter may be brought only by any of the following:
(1)The Attorney General.
(2)A district attorney.
(3)A city attorney.
(4)A county counsel.
(5)A city prosecutor.
(e)In an action alleging a violation of this chapter, the court shall impose a civil penalty of not more than ten thousand dollars ($10,000) for each violation of this chapter. In addition, the court shall award a prevailing public prosecutor reasonable costs and attorneys fees. In determining the amount of the civil penalty, the court shall consider all of the relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following:
(1)The nature and seriousness of the misconduct.
(2)The number of violations.
(3)The persistence of the misconduct.
(4)The length of time during which the misconduct occurred.
(5)The willfulness of the misconduct.
(6)The assets, liabilities, and net worth of the defendant.
(f)The remedies provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state.
SEC. 4.Section 22501 of the Business and Professions Code is amended to read:22501.Original sellers, ticket resellers, and ticket resale marketplaces shall maintain records of ticket sales, deposits, and refunds for a minimum of 12 months after the initial sale.
SEC. 5.Section 22502 of the Business and Professions Code is repealed.SEC. 6.Section 22502 is added to the Business and Professions Code, to read:22502.(a)An original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, shall own, possess, or have the contractual agreement with the event presenter or venue operator to sell the ticket.
(b)An original seller or a ticket reseller, at the time of listing or marketing of, and before selling, a ticket, shall disclose to the consumer, by means of a description or a map, the location within the entertainment venue that the ticket will permit the consumer to occupy, including the section, row, and seat number represented by each ticket, and the face price printed or displayed on the ticket that they are listing for resale, unless that ticket is designated as standing room only or not otherwise associated with occupying a particular location within a venue.
(c)Subdivision (b) shall not apply to either of the following:
(1)Flexible series ticketing options that allow attendees to commit to a number of performances in advance, while choosing the specific performances at a later date.
(2)Season tickets that are purchased as a package and are not individually priced.
SEC. 7.Section 22502.1 of the Business and Professions Code is repealed.SEC. 8.Section 22502.1 is added to the Business and Professions Code, to read:22502.1.(a)(1) A ticket resale marketplace, before accepting a listing to market or sell a ticket, shall require that the person listing the ticket own, possess, or have the contractual right to sell the ticket, and be able to deliver the ticket to the consumer.
(2)By allowing a ticket to be posted for resale on its website, a ticket resale marketplace is confirming that the ticket is being sold in compliance with all applicable state laws.
(b)A ticket resale marketplace, on its internet website in each ticket listing, shall disclose to the consumer, by means of a description or a map, the location within the entertainment venue that the ticket will entitle the consumer to occupy, including the section, row, and seat number represented by each ticket, unless the ticket is designated as standing-room only or not otherwise associated with occupying a particular location within a venue.
SEC. 9.Section 22502.2 of the Business and Professions Code is repealed.SEC. 10.Section 22502.3 of the Business and Professions Code is repealed.SEC. 11.Section 22502.3 is added to the Business and Professions Code, to read:22502.3.(a)It shall be unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket, or accept consideration for payment in full or for a deposit for the sale of a ticket if they do not own, possess, or have a contractual agreement with the event presenter or venue operator to sell the ticket.
(b)In addition to the requirements of subdivision (a), it shall be unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket, or accept consideration for payment in full or for a deposit for the sale of a ticket, unless the ticket has been made available for sale on the internet to the public by the presenter, including, without limitation, through a presale, fan club presale, or any other promotional presale event, or the presenter has otherwise provided permission to the original seller or ticket reseller to do so.
SEC. 12.Section 22502.4 is added to the Business and Professions Code, to read:22502.4.It shall be unlawful for an original seller, a ticket reseller, or a ticket resale marketplace to do either of the following:
(a)Represent that they can deliver, or cause to be delivered, a ticket at a specific price or within a specific price range, and to fail to deliver within a reasonable time, or by a contracted time, the ticket, at or below the price stated or within the range of prices stated.
(b)Misrepresent or mislead the consumer with regard to the access and provisions the ticket provides.
SEC. 13.Section 22502.5 is added to the Business and Professions Code, to read:22502.5.In addition to other remedies, an original seller, a ticket reseller, or a ticket resale marketplace that violates Section 22502.1 or 22502.4 shall be civilly liable to the ticket consumer for two times the contracted price of the ticket, in addition to any sum expended by the consumer in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorneys fees and court costs.
SEC. 14.Section 22503 of the Business and Professions Code is repealed.SEC. 15.Section 22503 is added to the Business and Professions Code, to read:22503.For purposes of this chapter, the following terms have the following meanings:
(a)Artist means an actor rendering services on the stage, musical artist, musical organization, or other performing artist rendering professional services in theatrical and other live entertainment enterprises.
(b)Consumer means a natural person or persons who purchase tickets to an entertainment event with the express purpose of attending that event.
(c)(1)Entertainment venue means a publicly or privately owned place that holds live entertainment events, including, but not limited to, an arena, auditorium, concert hall, live performance venue, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission.
(2)Entertainment venue does not include an amusement park or fairground unless the venue is hosting an event, concert, or music festival requiring a ticket, in addition to general admission to the park or fair, for entry.
(d)Event presenter means the person or organization that is responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including the rights holder, or their authorized agent.
(e)Face price is the price established by the event presenter, rights holder, or venue operator prior to the original sale of a ticket, exclusive of any fees or charges.
(f)Live entertainment event means a scheduled live performance at a specific date, time, and location, including, but not limited to, a theatrical or operatic performance, concert, or sporting event, including, but not limited to, football, basketball, baseball, boxing, tennis, hockey, or any other sport.
(g)Original seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
(h)Premium seat license means a license that entitles the holder to purchase tickets for a designated seat in a venue for multiple events, which include music shows in addition to nonmusic shows, over a period of time that is at least one year.
(i)Professional athletic team means any entity that has all of the following characteristics:
(1)It employs concurrently during the taxable year five or more persons, who are compensated for being participating members of an athletic team engaging in public contests.
(2)Is a member of a league composed of at least five entities that are engaged in the operation of an athletic team and that are located in this and other states, or in other countries.
(3)Has total minimum paid attendance in the aggregate for all contests wherever played during the taxable year of 40,000 persons.
(4)Has minimum gross income in the taxable year of one hundred thousand dollars ($100,000).
(5)Does not participate in college athletics.
(j)Rights holder means an artist, performing arts organization, theater or dance company, professional athletic team, professional athletic league, author, lecturer, or any other persons who are the primary speakers or performers at an event for which tickets are sold.
(k)Ticket means a license, issued by the venue operator, for admission to the place of entertainment at the date and time specified on the ticket, subject to the terms and conditions as specified by the rights holder and venue operator.
(l)Ticket resale marketplace means an entity that, for compensation, commission, or otherwise, advertises, lists, markets for sale, processes payments for, facilitates the resale of, or resells an admission ticket for, a sporting, musical, theater, or other live entertainment event.
(m)Ticket reseller means a person who for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event other than a ticket for original sale sold by an original seller.
(n)Venue operator means any person who owns, operates, manages, or controls an entertainment venue.
SEC. 16.Section 22503.5 of the Business and Professions Code is repealed.SEC. 17.Section 22503.6 of the Business and Professions Code is amended and renumbered to read:22503.4.This chapter does not apply to an officially appointed agent of an air carrier, ocean carrier carrier, or motor coach carrier that purchases or sells tickets in conjunction with a tour package accomplished through the primary event promoter or their agent by written agreement.
SEC. 18.Section 22505.2 is added to the Business and Professions Code, to read:22505.2.(a)A person shall not use an internet website, or cause an internet website to be used, to display either of the following:
(1)A trademarked or copyrighted URL, title, designation, image, mark, or other symbol without the written consent of the trademark or copyright holder. copyrightholder.
(2)Any combination of text, images, web designs, or internet addresses that is substantially similar to the internet website of an event presenter, venue operator, or original seller, or any of their authorized agents, without the written consent of the event presenter, venue operator, or original seller.
(b)A ticket reseller shall not represent that the live entertainment event is sold out or use the term sold out when tickets are still available on the original sellers website.
(c)In addition to the punishments contained in this chapter, a violation of this section constitutes false advertising pursuant to Section 17500.
SEC. 19.Section 22505.5 of the Business and Professions Code is amended to read:22505.5.Notwithstanding Section 22503.4, 22504, or 22511, it shall be unlawful for a person to intentionally use, cause to be used, or sell software or services to do, or to otherwise engage in, any of the following:
(a)Purchase tickets in excess of posted limits for an online event ticket sale.
(b)Circumvent or disable an electronic queue, waiting period, presale code, or other sales volume limitation system associated with an online event ticket sale.
(c)Circumvent or disable a security measure, access control system, or other control or measure that is used to facilitate authorized entry into an event.
(d)Purchase tickets in violation of the event presenter, or venue operators posted terms and conditions.
(e)Utilize multiple Internet Protocol addresses, multiple purchaser accounts, or multiple email addresses to purchase tickets in excess of posted ticket limits.
SEC. 20.Section 22507 of the Business and Professions Code is amended to read:22507.(a)The ticket price of an event that is canceled shall be fully refunded to the consumer by the person who sold or facilitated the sale of the ticket to the consumer, whether an original seller, event presenter, ticket reseller, or ticket resale marketplace, within 30 calendar days of the cancellation.
(b)The ticket price of an event that is postponed, rescheduled, or replaced with another event at the same date and time, shall be, at the option of the consumer, fully refunded or credited to the account of the consumer by the person who processed the sale of the ticket upon request within 30 calendar days of the refund request.
(c)For purposes of this section, a rescheduled event includes a canceled occurrence of a recurring event for which the consumer is offered the opportunity to attend another, materially identical occurrence of the same event at a different date or time.
(d)A local jurisdiction may require an original seller, ticket reseller, or ticket resale marketplace to provide a bond of not more than fifty thousand dollars ($50,000) to provide for any refunds that may be required by this section.
SEC. 21.Section 22508 of the Business and Professions Code is repealed.SEC. 22.Section 22508 is added to the Business and Professions Code, to read:22508.Ticket resellers and ticket resale marketplaces shall disclose in the description of the price of a ticket that the ticket is a resale ticket that may be offered at a price that is more than the face price of the original ticket. Ticket resellers and ticket marketplaces shall include in any listing for a resale ticket the face price of the original ticket.
SEC. 23.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares all of the following:
(1)Music represents a fundamental expression of human creativity and cultural heritage, serving as a universal language that builds community, transcends barriers, and enriches the human experience.
(2)Live musical performances create irreplaceable moments of collective joy and shared experience, fostering social bonds and building lasting memories that define generations.
(3)Artists dedicate their lives to creating and performing music, making significant contributions to our society's cultural fabric while facing unique economic challenges and professional uncertainties.
(4)The music industry is a vital economic engine for the State of California, contributing over $51 billion to California's GDP, supporting more than 450,000 jobs, sustaining over 80,000 music establishments, and providing opportunities for more than 258,000 songwriters in California alone, according to data from 50StatesOfMusic.com.
(5)The ability of artists to connect directly with their fans through live performances is essential to their artistic expression, professional sustainability, and ability to build lasting careers in music.
(6)The integrity of the live music experience depends on fair, transparent, and accessible ticketing practices that serve the interests of both artists and their fans.
(7)The rise of predatory ticketing practices, including the use of automated purchasing software, speculative ticket sales, and deceptive marketing, threatens artists' ability to ensure that their performances remain accessible to their intended audiences.
(8)Artists have a fundamental right to determine how their creative work is presented and distributed.
(9)The relationship between artists and their audiences must be protected from exploitation by third parties who add no value to the creative ecosystem while extracting excessive profits from both creators and consumers.
(10)The future vitality of live music as an art form depends on maintaining an equitable marketplace that respects artists' rights, facilitates fair compensation for their work, and ensures fans can access performances at transparent prices.
(11)State action is necessary to protect the cultural and economic ecosystem of live music performance, preserve artist-fan relationships, and ensure the sustainability of musical creation and performance as a profession.
(12)Establishing clear standards for ticket sales and resale will protect the rights of artists while ensuring fans have fair access to live performances, thus preserving musics essential role in our society.
(b)It is the intent of the Legislature to establish comprehensive regulation of ticket sales and resale practices to protect the rights of artists and fans, preserve the integrity of live music performances, and ensure the long-term vitality of musical culture in California.
SEC. 2.Section 22500 of the Business and Professions Code is repealed.22500.(a)A ticket seller shall have a permanent business address from which tickets may only be sold and that address shall be included in any advertisement or solicitation, and shall be duly licensed as may be required by any local jurisdiction.(b)A violation of this section shall constitute a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by fine not exceeding two thousand five hundred dollars ($2,500), or by both.(c)Any person who engages, has engaged, or proposes to engage in a violation of this section shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, or a district attorney, or a city attorney of a city having a population in excess of 750,000, and, with the consent of the district attorney, by a city prosecutor in any city, county, or city and county having a full-time prosecutor in any court of competent jurisdiction. Payment of the civil penalty shall be made pursuant to the provisions of subdivision (b) of Section 17206. For the purposes of this section, each ticket sold or offered for sale in violation of this section shall constitute a separate violation. The remedies provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state.SEC. 3.Section 22500 is added to the Business and Professions Code, to read:22500.(a)Original sellers, ticket resellers, and ticket resale marketplaces shall be registered and be duly licensed, as may be required by any local jurisdiction.
(b)A violation of this section is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both.
(c)For the purposes of this chapter, each ticket purchased in a manner prohibited by Section 22505.5, or sold or offered for sale in violation of this chapter, shall constitute a separate violation.
(d)An action for a violation of this chapter may be brought only by any of the following:
(1)The Attorney General.
(2)A district attorney.
(3)A city attorney.
(4)A county counsel.
(5)A city prosecutor.
(e)In an action alleging a violation of this chapter, the court shall impose a civil penalty of not more than ten thousand dollars ($10,000) for each violation of this chapter. In addition, the court shall award a prevailing public prosecutor reasonable costs and attorneys fees. In determining the amount of the civil penalty, the court shall consider all of the relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following:
(1)The nature and seriousness of the misconduct.
(2)The number of violations.
(3)The persistence of the misconduct.
(4)The length of time during which the misconduct occurred.
(5)The willfulness of the misconduct.
(6)The assets, liabilities, and net worth of the defendant.
(f)The remedies provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state.
SEC. 4.Section 22501 of the Business and Professions Code is amended to read:22501.A ticket seller Original sellers, ticket resellers, and ticket resale marketplaces shall maintain records of ticket sales, deposits, and refunds. refunds for a minimum of 12 months after the initial sale.
SEC. 5.Section 22502 of the Business and Professions Code is repealed.22502.A ticket seller shall, prior to sale, disclose to the purchaser by means of description or a map the location of the seat or seats represented by the ticket or tickets.SEC. 6.Section 22502 is added to the Business and Professions Code, to read:22502.(a)An original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, shall own, possess, or have the contractual agreement with the event presenter or venue operator to sell the ticket.
(b)An original seller or a ticket reseller, at the time of listing or marketing of, and before selling, a ticket, shall disclose to the consumer, by means of a description or a map, the location within the entertainment venue that the ticket will permit the consumer to occupy, including the section, row, and seat number represented by each ticket, and the face price printed or displayed on the ticket that they are listing for resale, unless that ticket is designated as standing room only or not otherwise associated with occupying a particular location within a venue.
(c)Subdivision (b) shall not apply to either of the following:
(1)Flexible series ticketing options that allow attendees to commit to a number of performances in advance, while choosing the specific performances at a later date.
(2)Season tickets that are purchased as a package and are not individually priced.
SEC. 7.Section 22502.1 of the Business and Professions Code is repealed.22502.1.It shall be unlawful for a ticket seller to contract for the sale of tickets or accept consideration for payment in full or for a deposit for the sale of tickets unless the ticket seller meets one or more of the following requirements:(a)The ticket seller has the ticket in his or her possession.(b)The ticket seller has a written contract to obtain the offered ticket at a certain price from a person in possession of the ticket or from a person who has a contractual right to obtain the ticket from the primary contractor.(c)The ticket seller informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two business days, that the seller does not have possession of the tickets, has no contract to obtain the offered ticket at a certain price from a person in possession of the ticket or from a person who has a contractual right to obtain the ticket from the primary contractor, and may not be able to supply the ticket at the contracted price or range of prices.Nothing in this section shall prohibit a ticket seller from accepting a deposit from a prospective purchaser as part of an agreement that the ticket seller will make best efforts to obtain a ticket at a specified price or price range and within a specified time, provided that the ticket seller informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two days, of the terms of the deposit agreement, and includes in the oral and written notice the disclosures otherwise required by this section.SEC. 8.Section 22502.1 is added to the Business and Professions Code, to read:22502.1.(a)(1) A ticket resale marketplace, before accepting a listing to market or sell a ticket, shall require that the person listing the ticket own, possess, or have the contractual right to sell the ticket, and be able to deliver the ticket to the consumer.
(2)By allowing a ticket to be posted for resale on its website, a ticket resale marketplace is confirming that the ticket is being sold in compliance with all applicable state laws.
(b)A ticket resale marketplace, on its internet website in each ticket listing, shall disclose to the consumer, by means of a description or a map, the location within the entertainment venue that the ticket will entitle the consumer to occupy, including the section, row, and seat number represented by each ticket, unless the ticket is designated as standing-room only or not otherwise associated with occupying a particular location within a venue.
SEC. 9.Section 22502.2 of the Business and Professions Code is repealed.22502.2.It shall be unlawful for a ticket seller to represent that he or she can deliver or cause to be delivered a ticket at a specific price or within a specific price range and to fail to deliver within a reasonable time or by a contracted time the tickets at or below the price stated or within the range of prices stated.SEC. 10.Section 22502.3 of the Business and Professions Code is repealed.22502.3.In addition to other remedies, a ticket seller who violates Section 22502.1 or 22502.2 and fails to supply a ticket at or below a contracted price or within a contracted price range shall be civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorneys fees and court costs.SEC. 11.Section 22502.3 is added to the Business and Professions Code, to read:22502.3.(a)It shall be unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket, or accept consideration for payment in full or for a deposit for the sale of a ticket if they do not own, possess, or have a contractual agreement with the event presenter or venue operator to sell the ticket.
(b)In addition to the requirements of subdivision (a), it shall be unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket, or accept consideration for payment in full or for a deposit for the sale of a ticket, unless the ticket has been made available for sale on the internet to the public by the presenter, including, without limitation, through a presale, fan club presale, or any other promotional presale event, or the presenter has otherwise provided permission to the original seller or ticket reseller to do so.
SEC. 12.Section 22502.4 is added to the Business and Professions Code, to read:22502.4.It shall be unlawful for an original seller, a ticket reseller, or a ticket resale marketplace to do either of the following:
(a)Represent that they can deliver, or cause to be delivered, a ticket at a specific price or within a specific price range, and to fail to deliver within a reasonable time, or by a contracted time, the ticket, at or below the price stated or within the range of prices stated.
(b)Misrepresent or mislead the consumer with regard to the access and provisions the ticket provides.
SEC. 13.Section 22502.5 is added to the Business and Professions Code, to read:22502.5.In addition to other remedies, an original seller, a ticket reseller, or a ticket resale marketplace that violates Section 22502.1 or 22502.4 shall be civilly liable to the ticket consumer for two times the contracted price of the ticket, in addition to any sum expended by the consumer in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorneys fees and court costs.
SEC. 14.Section 22503 of the Business and Professions Code is repealed.22503.A ticket seller, as used in this chapter, means any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event.SEC. 15.Section 22503 is added to the Business and Professions Code, to read:22503.For purposes of this chapter, the following terms have the following meanings:
(a)Artist means an actor rendering services on the stage, musical artist, musical organization, or other performing artist rendering professional services in theatrical and other live entertainment enterprises.
(b)Consumer means a natural person or persons who purchase tickets to an entertainment event with the express purpose of attending that event.
(c)Entertainment venue means a publicly or privately owned place that holds live entertainment events, including, but not limited to, an arena, auditorium, concert hall, live performance venue, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission.
(d)Event presenter means the person or organization that is responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including the rights holder, or their authorized agent.
(e)Face price is the price established by the event presenter, rights holder, or venue operator prior to the original sale of a ticket, exclusive of any fees or charges.
(f)Live entertainment event means a scheduled live performance at a specific date, time, and location, including, but not limited to, a theatrical or operatic performance, concert, or sporting event, including, but not limited to, football, basketball, baseball, boxing, tennis, hockey, or any other sport.
(g)Original seller means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
(h)Premium seat license means a license that entitles the holder to purchase tickets for a designated seat in a venue for multiple events, which include music shows in addition to nonmusic shows, over a period of time that is at least one year.
(i)Professional athletic team means any entity that has all of the following characteristics:
(1)It employs concurrently during the taxable year five or more persons, who are compensated for being participating members of an athletic team engaging in public contests.
(2)Is a member of a league composed of at least five entities that are engaged in the operation of an athletic team and that are located in this and other states, or in other countries.
(3)Has total minimum paid attendance in the aggregate for all contests wherever played during the taxable year of 40,000 persons.
(4)Has minimum gross income in the taxable year of one hundred thousand dollars ($100,000).
(5)Does not participate in college athletics.
(j)Rights holder means an artist, performing arts organization, theater or dance company, professional athletic team, professional athletic league, author, lecturer, or any other persons who are the primary speakers or performers at an event for which tickets are sold.
(k)Ticket means a license, issued by the venue operator, for admission to the place of entertainment at the date and time specified on the ticket, subject to the terms and conditions as specified by the rights holder and venue operator.
(l)Ticket resale marketplace means an entity that, for compensation, commission, or otherwise, advertises, lists, markets for sale, processes payments for, facilitates the resale of, or resells an admission ticket for, a sporting, musical, theater, or other live entertainment event.
(m)Ticket reseller means a person who for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event other than a ticket for original sale sold by an original seller.
(n)Venue operator means any person who owns, operates, manages, or controls an entertainment venue.
SEC. 16.Section 22503.5 of the Business and Professions Code is repealed.22503.5.This chapter does not apply to any primary contractor or seller of tickets for the primary contractor operating under a written contract with the primary contractor.Primary contractor means the person or organization who is responsible for the event for which tickets are being sold.SEC. 17.Section 22503.6 of the Business and Professions Code is amended and renumbered to read:22503.6.22503.4.This chapter does not apply to an officially appointed agent of an air carrier, ocean carrier or motor coach carrier who that purchases or sells tickets in conjunction with a tour package accomplished through the primary event promoter or his or her their agent by written agreement.
SEC. 18.Section 22505.2 is added to the Business and Professions Code, to read:22505.2.(a)A person shall not use an internet website, or cause an internet website to be used, to display either of the following:
(1)A trademarked or copyrighted URL, title, designation, image, mark, or other symbol without the written consent of the trademark or copyright holder.
(2)Any combination of text, images, web designs, or internet addresses that is substantially similar to the internet website of an event presenter, venue operator, or original seller, or any of their authorized agents, without the written consent of the event presenter, venue operator, or original seller.
(b)A ticket reseller shall not represent that the live entertainment event is sold out or use the term sold out when tickets are still available on the original sellers website.
(c)In addition to the punishments contained in this chapter, a violation of this section constitutes false advertising pursuant to Section 17500.
SEC. 19.Section 22505.5 of the Business and Professions Code is amended to read:22505.5.(a)Notwithstanding Section 22503.5, 22503.6, 22503.4, 22504, or 22511, it shall be unlawful for a person to intentionally use use, cause to be used, or sell software or services to circumvent a security measure, access control system, or other control or measure that is used to ensure an equitable ticket buying process for event attendees. do, or to otherwise engage in, any of the following:
(b)For purposes of this section:(1)Event attendee means a person who purchases one or more tickets with the intent to attend the event for which the ticket or tickets are purchased. An event attendee does not include a ticket seller.(2)A control or measure that is used to ensure an equitable ticket buying process includes limits on the number of tickets that a person can purchase.(a)Purchase tickets in excess of posted limits for an online event ticket sale.
(b)Circumvent or disable an electronic queue, waiting period, presale code, or other sales volume limitation system associated with an online event ticket sale.
(c)Circumvent or disable a security measure, access control system, or other control or measure that is used to facilitate authorized entry into an event.
(d)Purchase tickets in violation of the event presenter, or venue operators posted terms and conditions.
(e)Utilize multiple Internet Protocol addresses, multiple purchaser accounts, or multiple email addresses to purchase tickets in excess of posted ticket limits.
SEC. 20.Section 22507 of the Business and Professions Code is amended to read:22507.(a)The ticket price of an event which that is canceled shall be fully refunded to the purchaser by the ticket seller consumer by the person who sold or facilitated the sale of the ticket to the consumer, whether an original seller, event presenter, ticket reseller, or ticket resale marketplace, within 30 calendar days of the cancellation.
(b)The ticket price of an event which that is postponed, rescheduled, or replaced with another event at the same date and time, shall be be, at the option of the consumer, fully refunded to the purchaser by the ticket seller or credited to the account of the consumer by the person who processed the sale of the ticket upon request within 30 calendar days of the refund request.
(c)For purposes of this section, a rescheduled event includes a canceled occurrence of a recurring event for which the purchaser consumer is offered the opportunity to attend another, materially identical occurrence of the same event at a different date or time.
(d)A local jurisdiction may require a ticket seller an original seller, ticket reseller, or ticket resale marketplace to provide a bond of not more than fifty thousand dollars ($50,000) to provide for any refunds that may be required by this section.
SEC. 21.Section 22508 of the Business and Professions Code is repealed.22508.A ticket seller shall disclose that a service charge is imposed by the ticket seller and is added to the actual ticket price by the seller in any advertisement or promotion for any event by the ticket seller.SEC. 22.Section 22508 is added to the Business and Professions Code, to read:22508.Ticket resellers and ticket resale marketplaces shall disclose in the description of the price of a ticket that the ticket is a resale ticket that may be offered at a price that is more than the face price of the original ticket. Ticket resellers and ticket marketplaces shall include in any listing for a resale ticket the face price of the original ticket.
SEC. 23.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Sep 27, 2026 | Chaptered by Secretary of State - Chapter 474, Statutes of 2026. |
| Sep 27, 2026 | Approved by the Governor. |
| Sep 14, 2026 | Enrolled and presented to the Governor at 1:30 p.m. |
| Aug 31, 2026 | Assembly Rule 63 suspended. |
| Aug 31, 2026 | Assembly Rule 63 suspended. (Page 7073.) |
| Aug 31, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 31, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 31, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 0. Page 7073.). |
| Aug 31, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 0.). |
| Aug 31, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 5.). |
| Aug 30, 2026 | Read second time. Ordered to third reading. |
| Aug 28, 2026 | Read third time and amended. Ordered to second reading. |
| Aug 13, 2026 | Read second time. Ordered to third reading. |
| Aug 13, 2026 | From committee: Do pass. (Ayes 7. Noes 0.) (August 13). |
| Aug 3, 2026 | In committee: Referred to APPR. suspense file. |
| Jul 2, 2026 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 1, 2026 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (June 30). |
| Jun 29, 2026 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 29). Re-referred to Com. on JUD. |
| Jun 26, 2026 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on P., D.T., & C.P. |
| Jun 24, 2026 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on P., D.T., & C.P. |
| Jun 22, 2026 | From committee: Do pass and re-refer to Com. on P., D.T., & C.P. (Ayes 7. Noes 0.) (June 22). Re-referred to Com. on P., D.T., & C.P. |
| Jun 3, 2026 | Referred to Coms. on B. P. & E.D., P., D.T., & C.P. and JUD. |
| Jan 27, 2026 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jan 26, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 3836.) |
| Jan 22, 2026 | Read second time. Ordered to third reading. |
| Jan 22, 2026 | From committee: Do pass. (Ayes 11. Noes 1.) (January 22). |
| Jan 22, 2026 | Assembly Rule 63 suspended. (Page 3806.) |
| May 23, 2025 | In committee: Hearing postponed by committee. |
| May 14, 2025 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 6, 2025 | Re-referred to Com. on APPR. |
| May 5, 2025 | Read second time and amended. |
| May 1, 2025 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (May 1). |
| Apr 29, 2025 | Re-referred to Com. on JUD. |
| Apr 28, 2025 | Read second time and amended. |
| Apr 24, 2025 | From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 1.) (April 22). |
| Apr 10, 2025 | Re-referred to Com. on P. & C.P. |
| Apr 9, 2025 | Read second time and amended. |
| Apr 8, 2025 | From committee: Amend, and do pass as amended and re-refer to Com. on P. & C.P. (Ayes 7. Noes 0.) (April 8). |
| Mar 28, 2025 | Referred to Coms. on A.,E.,S., & T., P. & C.P. and JUD. |
| Feb 24, 2025 | Read first time. |
| Feb 22, 2025 | From printer. May be heard in committee March 24. |
| Feb 21, 2025 | Introduced. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2026 | AB 1349 BRYAN Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 31, 2026 | AB 1349 BRYAN Concurrence in Senate Amendments Move The Previous Question By AGUIAR-CURRY | Assembly Floor |
Passed |
|
| Aug 31, 2026 | Assembly 3rd Reading AB1349 Bryan et al. By Cabaldon | Senate Floor |
Passed |
|
| Aug 13, 2026 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 3, 2026 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 30, 2026 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Jun 29, 2026 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate Standing Committee on Privacy, Digital Technologies, and Consumer Protection |
Passed |
|
| Jun 22, 2026 | Do pass, but first be re-referred to the Committee on [Privacy, Digital Technologies, and Consumer Protection] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| Jan 26, 2026 | AB 1349 Bryan Assembly Third Reading | Assembly Floor |
Passed |
|
| Jan 22, 2026 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| May 1, 2025 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
|
| Apr 22, 2025 | Do pass as amended and be re-referred to the Committee on [Judiciary] | Assembly Standing Committee on Privacy and Consumer Protection |
Passed |
|
| Apr 8, 2025 | Do pass as amended and be re-referred to the Committee on [Privacy and Consumer Protection] | Assembly Standing Committee on Arts, Entertainment, Sports, and Tourism |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Association of Independent Music | ** Support | |
| American Association of Independent Music | ** Support | |
| American Federation of Musicians | ** Support | |
| American Federation of Musicians | ** Support | |
| Artist Rights Alliance | ** Support | |
| Artist Rights Alliance | ** Support | |
| Black Music Action Coalition | ** Support | |
| Black Music Action Coalition | ** Support | |
| Bottlerock | ** Support | |
| Bright Light Strategies | ** Support | |
| Cafe Colonial | ** Support | |
| Cafe Du Nord | ** Support | |
| Cafe du Nord/Swedish American Hall | ** Support | |
| California African American Chamber Of Commerce | ** Support | |
| California Arts Advocates | ** Support | |
| California Arts Advocates | ** Support | |
| California Black Chamber of Commerce | ** Support | |
| California Hispanic Chambers Of Commerce | ** Support | |
| California League of United Latin American Citizens | ** Support | |
| California Live Events Equity Alliance | ** Support | |
| California Multicultural Business Alliance | ** Support | |
| Cambodia Chamber of Commerce Representative Office in California | ** Against | |
| Central Valley Latino Mayors & Elected Officials Coalition | ** Support | |
| Central Valley Latino Mayors & Elected Officials Coalition | ** Support | |
| Central Valley Latino Mayors and Elected Officials Coalition | ** Support | |
| Central Valley Yemen Society | ** Support | |
| Chamber Of Progress | ** Against | |
| City of Thousand Oaks | ** Support | |
| City of Thousand Oaks | ** Support | |
| Coalition For Ticket Fairness | ** Support | |
| Consumer Federation Of California | ** Against | |
| Fan Alliance | ** Support | |
| Fan Alliance | ** Support | |
| Folk Alliance International | ** Support | |
| Folk Alliance International | ** Support | |
| Future of Music Coalition | ** Support | |
| Future of Music Coalition | ** Support | |
| Hall of Fame | ** Support | |
| Harlow's | ** Support | |
| Hispanic 100 | ** Support | |
| Hispanic Chambers Of Commerce Of San Francisco | ** Against | |
| Hollywood Pantages | ** Support | |
| Hopmonk Presents | ** Support | |
| HopMonk Tavern | ** Support | |
| Latin Business Association | ** Support | |
| Live Nation Entertainment, Inc. | ** Support | |
| Music Artists Coalition | ** Support | |
| Music Artists Coalition (co-source) | ** Support | |
| Music Artists Coalition (co-source) | ** Support | |
| Music Artists Coalition (MAC) | ** Support | |
| Music Managers Forum - US | ** Support | |
| Music Managers Forum - US | ** Support | |
| National Action Network Sacramento | ** Support | |
| National Baptist Convention | ** Against | |
| National Baptist Convention Usa, INC | ** Against | |
| National Independent Talent Organization | ** Support | |
| National Independent Talent Organization | ** Support | |
| National Independent Venue Association Of California | ** Against | |
| National Independent Venue Association Of California | ** Against | |
| National Independent Venue Association of California (NIVA-CA) | ** Support | |
| National Independent Venue Association – California (co-source) | ** Support | |
| National Independent Venue Association – California (co-source) | ** Support | |
| Pantone 294 | ** Against | |
| Recording Academy | ** Support | |
| Recording Academy | ** Support | |
| Recording Industry Association Of America | ** Support | |
| Recording Industry Association Of America | ** Support | |
| SAG-AFTRA | ** Support | |
| SAG-AFTRA | ** Support | |
| Seatgeek | ** Against | |
| Si Se Puede Fresno, Kings, Kern Tulare | ** Support | |
| Si Se Puede Fresno, Tulare, Kings & Kern | ** Support | |
| Si Se Puede Fresno, Tulare, Kings & Kern | ** Support | |
| Songwriters of North America | ** Support | |
| Songwriters of North America | ** Support | |
| Sports Fan Coalition | ** Against | |
| Sports Fans Coalition | ** Against | |
| StubHub | ** Support | |
| Technet | ** Against | |
| The Historic Bakersfield Fox Theater and the Nile Theater | ** Support | |
| This916 | ** Support | |
| Ticket Policy Forum | ** Against | |
| Tickpick | ** Against | |
| VALLEY INDUSTRY AND COMMERCE ASSOCIATION | ** Against | |
| VALLEY INDUSTRY AND COMMERCE ASSOCIATION | ** Against | |
| Venue Pilot | ** Support | |
| Venue Pilot | ** Support | |
| Vivid Seats LLC | ** Against |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 1349 |
THIRD READING
Bill No: AB 1349
Author: Bryan (D), et al.
Amended: 8/28/26 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 7-0, 6/22/26
AYES: Wahab, Archuleta, Arreguín, Caballero, Menjivar, Richardson, Strickland
NO VOTE RECORDED: Choi, Niello, Smallwood-Cuevas, Umberg
SENATE PRIV., DIGITAL TECH. & CONS. PROT. COMMITTEE: 7-0, 6/29/26
AYES: Cabaldon, Gonzalez, McNerney, Ochoa Bogh, Padilla, Reyes, Wiener
NO VOTE RECORDED: Seyarto, Umberg
SENATE JUDICIARY COMMITTEE: 13-0, 6/30/26
AYES: Umberg, Niello, Allen, Ashby, Caballero, Durazo, Laird, Reyes, Stern, Valladares, Wahab, Weber Pierson, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26
AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 66-0, 1/26/26 - See last page for vote
SUBJECT: Consumer protection: ticket sellers
SOURCE: Author
DIGEST:
This bill prohibits speculative ticket sales, modernizes existing anti-bot provisions, and imposes restrictions on deceptive websites and advertising practices.
Senate Floor Amendments of 8/28/26 exempt marketing, advertisement, or sale of season ticket packages, multigame packages, and inventory withheld at the sole discretion of a rights holder or venue operator, as well as playoff ticket packages by a rights holder or their authorized ticketing agent before the beginning of the applicable season, from new limitations on marketing and advertising contained in the bill. The amendments also authorize a California-based professional sports team, a sports venue operator, or an entity that is owned, directly or indirectly, by the professional sports league of which the California-based professional sports team is a member, to withhold, reserve, manage, transfer, or allocate ticket inventory for operational or business purposes without being subject to restrictions, prohibitions, or liability outlined in laws governing ticket sellers.
ANALYSIS:
Existing law:
- Defines a ticket seller as any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event. Clarifies that various entities are not a ticket seller subject to various requirements. Establishes various requirements for ticket sellers, a violation of which constitutes a misdemeanor. (Business and Professions Code (BPC) §§ 22500 – 22511)
- Prohibits a ticket seller from contracting to sell or accepting payment for tickets unless the ticket seller has lawful possession of the ticket; has a contractual right to obtain the ticket; or informs the purchaser the seller does not have possession of the tickets, has no contract to obtain the offered ticket, and may not be able to supply the ticket at the contracted price, as specified. Authorizes a ticket seller to accept a deposit from a prospective purchaser as part of an agreement that the ticket seller will make best efforts to obtain a ticket at a specified price or price range and within a specified time, provided that the ticket seller informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two days, of the terms of the deposit agreement, and includes in the oral and written notice other required disclosures. (BPC § 22502.1)
- Prohibits a ticket seller from representing that they can deliver or cause a ticket to be delivered at a specific price or within a specific price range and fail to deliver within a reasonable time at or below or within the price and range of prices stated. Specifies that a ticket seller who violated this prohibition and violates 3) above is civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended in trying to attend the event, and reasonable attorney’s fees and court costs. (BPC §§ 22052.2 and 22052.3)
- Prohibits a person from using, selling, offering for sale, or advertising software designed to circumvent a ticket seller's security measures, access controls, or other controls used to ensure an equitable ticket-buying process. Makes it unlawful to use software or other technological means to purchase tickets in excess of posted limits for online ticket sales. (BPC § 22505.5)
This bill:
- Authorizes a California-based professional sports team, a sports venue operator, or an entity that is owned, directly or indirectly, by the professional sports league of which the California-based professional sports team is a member, to withhold, reserve, manage, transfer, or allocate ticket inventory for operational or business purposes without being subject to restrictions, prohibitions, or liability outlined in laws governing ticket sellers.
- Repeals existing BPC Section 22503.5 which exempts certain primary ticket sales activities from the law.
- Establishes various definitions and makes various conforming changes.
- Prohibits a ticket seller from engaging in a speculative ticket sale, defined as the advertisement, listing, marketing, offering for sale, contracting for sale, acceptance of payment for, or sale of a ticket by a person who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale, does not have either actual or constructive possession of the ticket or authorization by the event presenter or venue operator to sell the ticket. Prohibits a ticket seller from advertising, listing, marketing, offering for sale, contracting for sale, accepting payment for, or selling a ticket before the ticket has been made available for sale by the event presenter, venue operator, rights holder, or original seller, unless expressly authorized by the event presenter, venue operator, rights holder, or original seller unless the ticket seller has constructive possession of the ticket.
- Exempts marketing, advertisement, or sale of season ticket packages, multigame packages, and inventory withheld at the sole discretion of a rights holder or venue operator, as well as playoff ticket packages by a rights holder or their authorized ticketing agent before the beginning of the applicable season from new limitations on marketing and advertising.
- Prohibits a ticket resale marketplace from knowingly or recklessly processing payment, collecting a fee, advertising, listing, marketing, offering for sale, contracting for sale, accepting payment for, or facilitating the completion of a speculative ticket sale, and requires a ticket resale marketplace to implement reasonable measures designed to prevent speculative ticket sales on its platform.
- Strengthens prohibitions against the use of ticket-buying software and other technological methods to circumvent ticket purchasing restrictions, including posted ticket limits, electronic queues, presale restrictions, account limitations, and security or access controls. Prohibits providing, selling, marketing, or facilitating software or services used to engage in or enable this conduct.
- Prohibits deceptive or misleading practices in the advertising, marketing, sale, or resale of event tickets, including practices that misrepresent or create consumer confusion regarding the source, authorization, affiliation, availability, price, nature, or seating location of tickets. Provides that violations constitute false or misleading advertising under existing law.
Background
California’s ticket sellers regulations were largely enacted before the widespread adoption of online ticket marketplaces, digital ticketing systems, mobile ticket transfers, and sophisticated resale platforms. Today, consumers purchase, transfer, and resell tickets through a variety of online channels that did not exist when many of the ticketing statutes were first enacted. While technological advances have increased convenience and expanded access to tickets, they have also introduced new challenges relating to speculative ticket sales, automated purchasing software, deceptive online practices, fee transparency, and restrictions on ticket transferability. Policymakers, regulators, artists, venues, ticketing companies, and consumer advocates have increasingly focused on whether existing laws adequately protect consumers in the modern ticketing marketplace.
Federal regulators have devoted significant attention to ticketing-related consumer protection concerns in recent years. The Federal Trade Commission (FTC) has identified hidden fees, deceptive pricing practices, and the use of automated software to circumvent ticket purchasing restrictions as practices that can harm consumers and impair fair competition. In 2024, the FTC adopted its Rule on Unfair or Deceptive Fees, commonly referred to as the “Junk Fees Rule,” which requires greater transparency in ticket pricing and seeks to ensure that consumers receive meaningful information regarding the total cost of a ticket before making purchasing decisions. The FTC has also pursued enforcement actions under the Better Online Ticket Sales (BOTS) Act against entities alleged to have used automated technologies, multiple accounts, and other means to evade ticket purchasing limits designed to provide equitable access to tickets.
At the same time, federal antitrust scrutiny of the live entertainment industry has continued to increase. In 2010, the United States Department of Justice (DOJ) approved the merger of Live Nation and Ticketmaster subject to conditions intended to address competition concerns. In 2019, the DOJ announced that Live Nation had violated portions of the consent decree governing the merger and extended the decree through 2025. Following highly publicized ticketing issues associated with major concert tours and broader concerns regarding competition in the live entertainment marketplace, the DOJ and a coalition of state attorneys general, including California, filed an antitrust lawsuit against Live Nation Entertainment and Ticketmaster in 2024. The litigation alleges conduct affecting competition in concert promotion, venue services, and ticketing and reflects ongoing national debate regarding competition, consumer choice, and access to live entertainment events.
The Legislature has considered numerous measures over the past decade intended to address evolving issues in the ticketing marketplace. AB 329 (Pan, Chapter 325, Statutes of 2013) prohibited the use and sale of software designed to circumvent ticket purchasing controls intended to ensure an equitable ticket-buying process. AB 1556 (Friedman, Chapter 180, Statutes of 2021) strengthened consumer protections relating to cancelled, postponed, and rescheduled events by establishing refund requirements. Subsequent legislative efforts have explored a range of consumer protection issues including fee transparency, all-in pricing, resale marketplace disclosures, speculative ticket sales, deceptive practices, ticket transferability, and consumer understanding of ticket transactions. In addition, broader consumer protection measures such as SB 478 (Dodd, Chapter 740, Statutes of 2023), California's Honest Pricing Law, reflect increasing legislative interest in ensuring transparency and fairness in transactions involving mandatory fees.
Although California law already prohibits certain unfair ticketing practices, many of the existing statutes were enacted before the widespread use of digital ticketing, mobile ticket transfers, online resale marketplaces, and automated purchasing technologies. As a result, questions have emerged regarding whether existing laws adequately address modern practices such as speculative ticket sales, the use of sophisticated software to circumvent ticket purchasing controls, deceptive online ticketing websites, and consumer confusion regarding whether a ticket is being sold by an authorized seller or through a resale marketplace. Consumer advocates and policymakers have also raised concerns regarding consumer confusion about the source of tickets, whether tickets are being sold by authorized sellers or resale marketplaces, and whether sellers possess or have a legal right to transfer the tickets being offered for sale. Policymakers have increasingly examined whether additional statutory clarity is warranted to address these practices while preserving legitimate ticketing, resale, and consumer transfer rights.
Comments
StubHub supports this bill if it is amended, noting that “The current language inadvertently allows sports venues, including those which contract with Ticketmaster as a retailer or operator, to continue the practice of ‘Holdbacks’ or deceptive ticket supply manipulation under the broad umbrella of ‘operational or business purposes,’ effectively permitting the deceptive holdback practices AB 1349 otherwise seeks to prohibit. This is particularly concerning at a time when California itself has been actively challenging Live Nation/Ticketmaster’s conduct in the ticketing marketplace. We hope that in the future, new statutory safe harbors that counter-balance broader consumer protection objectives will not occur without a public airing. That said, while the Friday, 8/28/26, 11:45 pm amendment contains a drafting overreach, we support the important broader concepts in the bill.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Committee on Appropriations, the bill will result in unknown court cost pressures ranging from minor to significant to the extent the Attorney General (AG) brings civil actions against any person who violates the new requirements and restrictions regarding ticket resale marketplaces. Actual costs will depend on the number of actions filed and the time required to adjudicate each case. The Department of Justice (DOJ) reports that it does not anticipate a significant fiscal impact; this assessment suggests the department may not actively pursue enforcement using the authority prescribed in the bill. The bill will also result in unknown, potentially significant court cost pressures as the False Advertising Law, Unfair Competition Law, and general statutes governing ticket sellers provide a private right of action for consumers. Although trial courts are not funded based on workload, increased pressure on the Trial Court Trust Fund may create a demand for additional court resources. For context, the proposed 2026-27 Governor’s Budget would provide $70 million General Fund support to the Trial Court Trust Fund. The bill will also result in unknown local county costs to the extent that a six month misdemeanor jail sentence is imposed, though incarceration for this offense appears unlikely. The average annual cost to incarcerate one person in county jail is approximately $80,000. Actual county incarceration costs will depend on the number of convictions and the length of each sentence. Generally, county incarceration costs are not reimbursable state mandates pursuant to Proposition 30 (2012).
SUPPORT: (Verified 8/31/26)
California African American Chamber of Commerce
California Black Chamber of Commerce
California Hispanic Chambers of Commerce
California League of United Latin American Citizens
California Live Events Equity Alliance
California Multicultural Business Alliance
Central Valley Latino Mayors and Elected Officials Coalition
Central Valley Yemen Society
Hispanic 100
Latin Business Association
National Action Network Sacramento
Si Se Puede Fresno, Kings, Kern Tulare
StubHub
OPPOSITION: (Verified 8/31/26)
Consumer Federation of California
National Independent Venue Association of California
ARGUMENTS IN SUPPORT: Supporters state that “California's live event ticketing marketplace has needed meaningful reform for years. Consumers deserve a system that is transparent, competitive, and fair—one that protects fans from deceptive practices while preserving consumer choice and encouraging competition. As amended, AB 1349 represents an important step toward achieving those goals and creating a marketplace that works better for fans.”
ARGUMENTS IN OPPOSITION: According to the National Independent Venue Association of California, “Unfortunately, amendments adopted as AB 1349 moved through the Legislature have fundamentally changed the bill and left its own independent-venue cosponsor and members facing potential liability. Even more concerning, California’s professional sports teams have now been protected from this liability while independent music venues, promoters, and festivals remain exposed. Independent venues should not face new legal exposure while the resale marketplaces where speculative tickets are actually listed and sold remain inadequately accountable.”
According to Consumer Federation of California, “AB 1349 would, as most recently amended to with an overly broad exemption for professional sports team, furthers the interests of the monopoly company that currently dominates the ticketing and live entertainment industry, Live Nation/Ticketmaster, at the expense of consumers and average fans…Overall, as currently drafted AB 1349 does little to help consumers and instead, helps the Live Nation/Ticketmaster monopoly.”
ASSEMBLY FLOOR: 66-0, 1/26/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Jeff Gonzalez, Mark González, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Sharp-Collins, Solache, Soria, Stefani, Valencia, Wallis, Ward, Zbur, Rivas
NO VOTE RECORDED: Arambula, DeMaio, Flora, Garcia, Gipson, Hadwick, Johnson, Papan, Celeste Rodriguez, Schultz, Ta, Tangipa, Wicks, Wilson
Prepared by: Sarah Mason / B., P. & E.D. /916-651-4104
8/31/26 14:36:35
**** END ****
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1349
Author:(Bryan)
As Amended Ver:August 28, 2026
Majority vote
SUMMARY
This bill prohibits speculative ticket sales, modernizes existing anti-bot provisions, and imposes restrictions on deceptive websites and advertising practices.
Senate Amendments
Senate amendments restructured the code sections of the bill to create a more uniform ban on speculative ticket sales and deceptive websites for the various categories of marketplace participants within the ticket selling ecosystem. Amendments on August 28th excluded California-based professional sports teams from certain provisions of the bill regarding the management of ticket inventory for operational or business purposes. The bill does not apply to the marketing, advertising, or sale of season ticket packages, multi-game packages, or playoff ticket packages authorized before the beginning of the applicable season.
COMMENTS
Background. California's ticket seller regulations were largely enacted before the widespread adoption of online ticket marketplaces, digital ticketing systems, mobile ticket transfers, and sophisticated resale platforms. Today, consumers purchase, transfer, and resell tickets through a variety of online channels that did not exist when many of the ticketing statutes were first enacted. While technological advances have increased convenience and expanded access to tickets, they have also introduced new challenges relating to automated purchasing software, deceptive online practices, fee transparency, and restrictions on ticket transferability. Policymakers, regulators, artists, venues, ticketing companies, and consumer advocates have increasingly focused on whether existing laws adequately protect consumers in the modern ticketing marketplace.
Federal regulators have devoted significant attention to ticketing-related consumer protection concerns in recent years. The Federal Trade Commission (FTC) has identified hidden fees, deceptive pricing practices, and the use of automated software to circumvent ticket purchasing restrictions as practices that can harm consumers and impair fair competition. In 2024, the FTC adopted its Rule on Unfair or Deceptive Fees, commonly referred to as the "Junk Fees Rule," which requires greater transparency in ticket pricing and seeks to ensure that consumers receive meaningful information regarding the total cost of a ticket before making purchasing decisions. The FTC has also pursued enforcement actions under the Better Online Ticket Sales (BOTS) Act against entities alleged to have used automated technologies, multiple accounts, and other means to evade ticket purchasing limits designed to provide equitable access to tickets.
At the same time, federal antitrust scrutiny of the live entertainment industry has continued to increase. In 2010, the United States Department of Justice (DOJ) approved the merger of Live Nation and Ticketmaster subject to conditions intended to address competition concerns. In 2019, the DOJ announced that Live Nation had violated portions of the consent decree governing the merger and extended the decree through 2025. Following highly publicized ticketing issues associated with major concert tours and broader concerns regarding competition in the live entertainment marketplace, the DOJ and a coalition of state attorneys general, including California, filed an antitrust lawsuit against Live Nation Entertainment and Ticketmaster in 2024. The litigation alleges conduct affecting competition in concert promotion, venue services, and ticketing and reflects ongoing national debate regarding competition, consumer choice, and access to live entertainment events.
The Legislature has considered numerous measures over the past decade intended to address evolving issues in the ticketing marketplace. AB 329 (Pan, Chapter 325, Statutes of 2013) prohibited the use and sale of software designed to circumvent ticket purchasing controls intended to ensure an equitable ticket-buying process. AB 1556 (Friedman, Chapter 180, Statutes of 2021) strengthened consumer protections relating to cancelled, postponed, and rescheduled events by establishing refund requirements. Subsequent legislative efforts have explored a range of consumer protection issues including fee transparency, all-in pricing, resale marketplace disclosures, speculative ticket sales, deceptive practices, ticket transferability, and consumer understanding of ticket transactions. In addition, broader consumer protection measures such as SB 478 (Dodd, Chapter 740, Statutes of 2023), California's Honest Pricing Law, reflect increasing legislative interest in ensuring transparency and fairness in transactions involving mandatory fees.
Consumer advocates and policymakers have also raised concerns regarding consumer confusion about the source of tickets, whether tickets are being sold by authorized sellers or resale marketplaces, and whether sellers possess or have a legal right to transfer the tickets being offered for sale. Policymakers have increasingly examined whether additional statutory clarity is warranted to address these practices while preserving legitimate ticketing, resale, and consumer transfer rights.
Speculative Tickets. A speculative ticket refers to instances in which a seller offers a ticket for sale on the secondary market before the seller has the ticket in hand. In some cases, secondary sellers may not disclose the fact that they are selling speculative tickets. These practices harm consumers who either do not receive the tickets they purchased or receive tickets that differ from the ticket or seat advertised. Even if consumers receive refunds for the ticket price, they may have already incurred nonrefundable costs to attend the event, such as air travel and hotel expenses.
Ticket brokers often refer to this practice as the equivalent of agreeing to stand in line for someone at the box office. They will buy tickets when they go on sale, so that the consumer does not have to wait in front of their computer constantly refreshing their web browser. However, the consumer is often not aware that they are buying a ticket that the seller does not possess, nor do they realize they are paying a premium price, significantly above the face value, for a ticket that they may or may not receive.
This practice can create considerable confusion for consumers who are unable to purchase tickets from the primary box office because they have not gone on sale yet, but appear to be available on a secondary market platform.
According to the Author
"Some resellers frequently deceive fans by listing and selling tickets to events that do not currently exist, or that they do not have a license to sell. This process is known as speculative ticketing. Fans buy these tickets, often for a predatory mark up. This practice is inherently anti-consumer and directly counter to the wishes of creatives and artists who seek to provide their fan base with a world-class show at an affordable price.
"AB 1349 will prohibit speculative ticketing by requiring ticket sellers to own, possess, or have the contractual right to sell tickets before listing them. This will protect the integrity of the ticket buying process for consumers, and ensure that the hard work of artists and creatives is not unjustly used to gouge their core fan base."
Arguments in Support
According to a coalition of California organizations representing consumers, civil rights advocates, and community groups in support, "Earlier versions of AB 1349 contained provisions that could have limited consumer choice and unintentionally reinforced anti-competitive practices by incorporating private ticketing companies' terms and conditions into state law… The amended bill strikes the right balance between consumer protection, transparency, and competition in California's live event marketplace. We believe these changes strengthen AB 1349 and better serve fans, artists, venues, and communities across the state."
Arguments in Opposition
According to the National Independent Venue Association of California, "Unfortunately, amendments adopted as AB 1349 moved through the Legislature have fundamentally changed the bill and left its own independent-venue cosponsor and members facing potential liability. Even more concerning, California's professional sports teams have now been protected from this liability while independent music venues, promoters, and festivals remain exposed. Independent venues should not face new legal exposure while the resale marketplaces where speculative tickets are actually listed and sold remain inadequately accountable."
FISCAL COMMENTS
According to the Senate Committee on Appropriations:
- Unknown court cost pressures ranging from minor to significant (General Fund and special funds) to the extent the Attorney General (AG) brings civil actions against any person who violates the new requirements and restrictions regarding ticket resale marketplaces. Actual costs will depend on the number of actions filed and the time required to adjudicate each case. The Department of Justice (DOJ) reports that it does not anticipate a significant fiscal impact; this assessment suggests the department may not actively pursue enforcement using the authority prescribed in the bill.
- Unknown, potentially significant court cost pressures (Trial Court Trust Fund and General Fund) as the False Advertising Law (FAL), Unfair Competition Law, and general statutes governing ticket sellers provide a private right of action for consumers. Although trial courts are not funded based on workload, increased pressure on the Trial Court Trust Fund may create a demand for additional court resources. For context, the proposed 2026-27 Governor's Budget would provide $70 million General Fund support to the Trial Court Trust Fund.
- Unknown local county costs to the extent that a six month misdemeanor jail sentence is imposed, though incarceration for this offense appears unlikely. The average annual cost to incarcerate one person in county jail is approximately $80,000. For historical context, Los Angeles County budgeted $1.3 billion for jail costs in 2021, averaging roughly $90,000 per incarcerated person. Actual county incarceration costs will depend on the number of convictions and the length of each sentence. Generally, county incarceration costs are not reimbursable state mandates pursuant to Proposition 30 (2012).
VOTES:
ASM ARTS, ENTERTAINMENT, SPORTS, AND TOURISM: 7-0-2
YES: Ward, Elhawary, McKinnor, Ortega, Quirk-Silva, Valencia, Zbur
ABS, ABST OR NV: Lackey, Jeff Gonzalez
ASM PRIVACY AND CONSUMER PROTECTION: 11-1-3
YES: Bauer-Kahan, Dixon, Bryan, Lowenthal, McKinnor, Ortega, Patterson, Pellerin, Petrie-Norris, Ward, Wicks
NO: DeMaio
ABS, ABST OR NV: Irwin, Macedo, Wilson
ASM JUDICIARY: 10-0-2
YES: Kalra, Dixon, Bryan, Connolly, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur
ABS, ABST OR NV: Bauer-Kahan, Macedo
ASM APPROPRIATIONS: 11-1-3
YES: Wicks, Stefani, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Bauer-Kahan, Pellerin, Solache
NO: Ta
ABS, ABST OR NV: Hoover, Pacheco, Tangipa
ASSEMBLY FLOOR: 66-0-14
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Jeff Gonzalez, Mark González, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Sharp-Collins, Solache, Soria, Stefani, Valencia, Wallis, Ward, Zbur, Rivas
ABS, ABST OR NV: Arambula, DeMaio, Flora, Garcia, Gipson, Hadwick, Johnson, Papan, Celeste Rodriguez, Schultz, Ta, Tangipa, Wicks, Wilson
UPDATED
VERSION: August 28, 2026
CONSULTANT: Brian V. Anderson, Jr. / A.,E.,S., & T. / (916) 319-3450 FN: 0004567
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 1349 |
THIRD READING
Bill No: AB 1349
Author: Bryan (D), et al.
Amended: 8/28/26 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 7-0, 6/22/26
AYES: Wahab, Archuleta, Arreguín, Caballero, Menjivar, Richardson, Strickland
NO VOTE RECORDED: Choi, Niello, Smallwood-Cuevas, Umberg
SENATE PRIV., DIGITAL TECH. & CONS. PROT. COMMITTEE: 7-0, 6/29/26
AYES: Cabaldon, Gonzalez, McNerney, Ochoa Bogh, Padilla, Reyes, Wiener
NO VOTE RECORDED: Seyarto, Umberg
SENATE JUDICIARY COMMITTEE: 13-0, 6/30/26
AYES: Umberg, Niello, Allen, Ashby, Caballero, Durazo, Laird, Reyes, Stern, Valladares, Wahab, Weber Pierson, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26
AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 66-0, 1/26/26 - See last page for vote
SUBJECT: Consumer protection: ticket sellers
SOURCE: Author
DIGEST:
This bill prohibits speculative ticket sales, modernizes existing anti-bot provisions, and imposes restrictions on deceptive websites and advertising practices.
Senate Floor Amendments of 8/28/26 exempt marketing, advertisement, or sale of season ticket packages, multigame packages, and inventory withheld at the sole discretion of a rights holder or venue operator, as well as playoff ticket packages by a rights holder or their authorized ticketing agent before the beginning of the applicable season, from new limitations on marketing and advertising contained in the bill. The amendments also authorize a California-based professional sports team, a sports venue operator, or an entity that is owned, directly or indirectly, by the professional sports league of which the California-based professional sports team is a member, to withhold, reserve, manage, transfer, or allocate ticket inventory for operational or business purposes without being subject to restrictions, prohibitions, or liability outlined in laws governing ticket sellers.
ANALYSIS:
Existing law:
- Defines a ticket seller as any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event. Clarifies that various entities are not a ticket seller subject to various requirements. Establishes various requirements for ticket sellers, a violation of which constitutes a misdemeanor. (Business and Professions Code (BPC) §§ 22500 – 22511)
- Prohibits a ticket seller from contracting to sell or accepting payment for tickets unless the ticket seller has lawful possession of the ticket; has a contractual right to obtain the ticket; or informs the purchaser the seller does not have possession of the tickets, has no contract to obtain the offered ticket, and may not be able to supply the ticket at the contracted price, as specified. Authorizes a ticket seller to accept a deposit from a prospective purchaser as part of an agreement that the ticket seller will make best efforts to obtain a ticket at a specified price or price range and within a specified time, provided that the ticket seller informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two days, of the terms of the deposit agreement, and includes in the oral and written notice other required disclosures. (BPC § 22502.1)
- Prohibits a ticket seller from representing that they can deliver or cause a ticket to be delivered at a specific price or within a specific price range and fail to deliver within a reasonable time at or below or within the price and range of prices stated. Specifies that a ticket seller who violated this prohibition and violates 3) above is civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended in trying to attend the event, and reasonable attorney’s fees and court costs. (BPC §§ 22052.2 and 22052.3)
- Prohibits a person from using, selling, offering for sale, or advertising software designed to circumvent a ticket seller's security measures, access controls, or other controls used to ensure an equitable ticket-buying process. Makes it unlawful to use software or other technological means to purchase tickets in excess of posted limits for online ticket sales. (BPC § 22505.5)
This bill:
- Authorizes a California-based professional sports team, a sports venue operator, or an entity that is owned, directly or indirectly, by the professional sports league of which the California-based professional sports team is a member, to withhold, reserve, manage, transfer, or allocate ticket inventory for operational or business purposes without being subject to restrictions, prohibitions, or liability outlined in laws governing ticket sellers.
- Repeals existing BPC Section 22503.5 which exempts certain primary ticket sales activities from the law.
- Establishes various definitions and makes various conforming changes.
- Prohibits a ticket seller from engaging in a speculative ticket sale, defined as the advertisement, listing, marketing, offering for sale, contracting for sale, acceptance of payment for, or sale of a ticket by a person who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale, does not have either actual or constructive possession of the ticket or authorization by the event presenter or venue operator to sell the ticket. Prohibits a ticket seller from advertising, listing, marketing, offering for sale, contracting for sale, accepting payment for, or selling a ticket before the ticket has been made available for sale by the event presenter, venue operator, rights holder, or original seller, unless expressly authorized by the event presenter, venue operator, rights holder, or original seller unless the ticket seller has constructive possession of the ticket.
- Exempts marketing, advertisement, or sale of season ticket packages, multigame packages, and inventory withheld at the sole discretion of a rights holder or venue operator, as well as playoff ticket packages by a rights holder or their authorized ticketing agent before the beginning of the applicable season from new limitations on marketing and advertising.
- Prohibits a ticket resale marketplace from knowingly or recklessly processing payment, collecting a fee, advertising, listing, marketing, offering for sale, contracting for sale, accepting payment for, or facilitating the completion of a speculative ticket sale, and requires a ticket resale marketplace to implement reasonable measures designed to prevent speculative ticket sales on its platform.
- Strengthens prohibitions against the use of ticket-buying software and other technological methods to circumvent ticket purchasing restrictions, including posted ticket limits, electronic queues, presale restrictions, account limitations, and security or access controls. Prohibits providing, selling, marketing, or facilitating software or services used to engage in or enable this conduct.
- Prohibits deceptive or misleading practices in the advertising, marketing, sale, or resale of event tickets, including practices that misrepresent or create consumer confusion regarding the source, authorization, affiliation, availability, price, nature, or seating location of tickets. Provides that violations constitute false or misleading advertising under existing law.
Background
California’s ticket sellers regulations were largely enacted before the widespread adoption of online ticket marketplaces, digital ticketing systems, mobile ticket transfers, and sophisticated resale platforms. Today, consumers purchase, transfer, and resell tickets through a variety of online channels that did not exist when many of the ticketing statutes were first enacted. While technological advances have increased convenience and expanded access to tickets, they have also introduced new challenges relating to speculative ticket sales, automated purchasing software, deceptive online practices, fee transparency, and restrictions on ticket transferability. Policymakers, regulators, artists, venues, ticketing companies, and consumer advocates have increasingly focused on whether existing laws adequately protect consumers in the modern ticketing marketplace.
Federal regulators have devoted significant attention to ticketing-related consumer protection concerns in recent years. The Federal Trade Commission (FTC) has identified hidden fees, deceptive pricing practices, and the use of automated software to circumvent ticket purchasing restrictions as practices that can harm consumers and impair fair competition. In 2024, the FTC adopted its Rule on Unfair or Deceptive Fees, commonly referred to as the “Junk Fees Rule,” which requires greater transparency in ticket pricing and seeks to ensure that consumers receive meaningful information regarding the total cost of a ticket before making purchasing decisions. The FTC has also pursued enforcement actions under the Better Online Ticket Sales (BOTS) Act against entities alleged to have used automated technologies, multiple accounts, and other means to evade ticket purchasing limits designed to provide equitable access to tickets.
At the same time, federal antitrust scrutiny of the live entertainment industry has continued to increase. In 2010, the United States Department of Justice (DOJ) approved the merger of Live Nation and Ticketmaster subject to conditions intended to address competition concerns. In 2019, the DOJ announced that Live Nation had violated portions of the consent decree governing the merger and extended the decree through 2025. Following highly publicized ticketing issues associated with major concert tours and broader concerns regarding competition in the live entertainment marketplace, the DOJ and a coalition of state attorneys general, including California, filed an antitrust lawsuit against Live Nation Entertainment and Ticketmaster in 2024. The litigation alleges conduct affecting competition in concert promotion, venue services, and ticketing and reflects ongoing national debate regarding competition, consumer choice, and access to live entertainment events.
The Legislature has considered numerous measures over the past decade intended to address evolving issues in the ticketing marketplace. AB 329 (Pan, Chapter 325, Statutes of 2013) prohibited the use and sale of software designed to circumvent ticket purchasing controls intended to ensure an equitable ticket-buying process. AB 1556 (Friedman, Chapter 180, Statutes of 2021) strengthened consumer protections relating to cancelled, postponed, and rescheduled events by establishing refund requirements. Subsequent legislative efforts have explored a range of consumer protection issues including fee transparency, all-in pricing, resale marketplace disclosures, speculative ticket sales, deceptive practices, ticket transferability, and consumer understanding of ticket transactions. In addition, broader consumer protection measures such as SB 478 (Dodd, Chapter 740, Statutes of 2023), California's Honest Pricing Law, reflect increasing legislative interest in ensuring transparency and fairness in transactions involving mandatory fees.
Although California law already prohibits certain unfair ticketing practices, many of the existing statutes were enacted before the widespread use of digital ticketing, mobile ticket transfers, online resale marketplaces, and automated purchasing technologies. As a result, questions have emerged regarding whether existing laws adequately address modern practices such as speculative ticket sales, the use of sophisticated software to circumvent ticket purchasing controls, deceptive online ticketing websites, and consumer confusion regarding whether a ticket is being sold by an authorized seller or through a resale marketplace. Consumer advocates and policymakers have also raised concerns regarding consumer confusion about the source of tickets, whether tickets are being sold by authorized sellers or resale marketplaces, and whether sellers possess or have a legal right to transfer the tickets being offered for sale. Policymakers have increasingly examined whether additional statutory clarity is warranted to address these practices while preserving legitimate ticketing, resale, and consumer transfer rights.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Committee on Appropriations, the bill will result in unknown court cost pressures ranging from minor to significant to the extent the Attorney General (AG) brings civil actions against any person who violates the new requirements and restrictions regarding ticket resale marketplaces. Actual costs will depend on the number of actions filed and the time required to adjudicate each case. The Department of Justice (DOJ) reports that it does not anticipate a significant fiscal impact; this assessment suggests the department may not actively pursue enforcement using the authority prescribed in the bill. The bill will also result in unknown, potentially significant court cost pressures as the False Advertising Law, Unfair Competition Law, and general statutes governing ticket sellers provide a private right of action for consumers. Although trial courts are not funded based on workload, increased pressure on the Trial Court Trust Fund may create a demand for additional court resources. For context, the proposed 2026-27 Governor’s Budget would provide $70 million General Fund support to the Trial Court Trust Fund. The bill will also result in unknown local county costs to the extent that a six month misdemeanor jail sentence is imposed, though incarceration for this offense appears unlikely. The average annual cost to incarcerate one person in county jail is approximately $80,000. Actual county incarceration costs will depend on the number of convictions and the length of each sentence. Generally, county incarceration costs are not reimbursable state mandates pursuant to Proposition 30 (2012).
SUPPORT: (Verified 8/30/26)
None received for the current version of the bill.
OPPOSITION: (Verified 8/30/26)
National Independent Venue Association of California
StubHub
ARGUMENTS IN OPPOSITION: StubHub notes that “The current language inadvertently allows sports venues, including those which contract with
Ticketmaster as a retailer or operator, to continue the practice of “Holdbacks” or deceptive ticket supply manipulation under the broad umbrella of “operational or business purposes,” effectively permitting the deceptive holdback practices AB 1349 otherwise seeks to prohibit. This is particularly concerning at a time when California itself has been actively challenging Live Nation/Ticketmaster’s conduct in the ticketing marketplace. We hope that in the future, new statutory safe harbors that counter-balance broader consumer protection objectives will not occur without a public airing. That said, while the Friday, 8/28/26, 11:45 pm amendment contains a drafting overreach, we support the important broader concepts in the bill”
According to the National Independent Venue Association of California, “Unfortunately, amendments adopted as AB 1349 moved through the Legislature
have fundamentally changed the bill and left its own independent-venue cosponsor and members facing potential liability. Even more concerning, California’s professional sports teams have now been protected from this liability while independent music venues, promoters, and festivals remain exposed. Independent venues should not face new legal exposure while the resale marketplaces where speculative tickets are actually listed and sold remain inadequately accountable.”
ASSEMBLY FLOOR: 66-0, 1/26/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Jeff Gonzalez, Mark González, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Sharp-Collins, Solache, Soria, Stefani, Valencia, Wallis, Ward, Zbur, Rivas
NO VOTE RECORDED: Arambula, DeMaio, Flora, Garcia, Gipson, Hadwick, Johnson, Papan, Celeste Rodriguez, Schultz, Ta, Tangipa, Wicks, Wilson
Prepared by: Sarah Mason / B., P. & E.D. /916-651-4104
8/30/26 17:14:50
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 1349 |
THIRD READING
Bill No: AB 1349
Author: Bryan (D), et al.
Amended: 7/2/26 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 7-0, 6/22/26
AYES: Wahab, Archuleta, Arreguín, Caballero, Menjivar, Richardson, Strickland
NO VOTE RECORDED: Choi, Niello, Smallwood-Cuevas, Umberg
SENATE PRIV., DIGITAL TECH. & CONS. PROT. COMMITTEE: 7-0, 6/29/26
AYES: Cabaldon, Gonzalez, McNerney, Ochoa Bogh, Padilla, Reyes, Wiener
NO VOTE RECORDED: Seyarto, Umberg
SENATE JUDICIARY COMMITTEE: 13-0, 6/30/26
AYES: Umberg, Niello, Allen, Ashby, Caballero, Durazo, Laird, Reyes, Stern, Valladares, Wahab, Weber Pierson, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26
AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 66-0, 1/26/26 - See last page for vote
SUBJECT: Consumer protection: ticket sellers
SOURCE: National Independent Venue Association, California and Music Artists Coalition
DIGEST:
This bill prohibits speculative ticket sales, modernizes existing anti-bot provisions, and imposes restrictions on deceptive websites and advertising practices.
ANALYSIS:
Existing law:
- Defines a ticket seller as any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event. Clarifies that various entities are not a ticket seller subject to various requirements. Establishes various requirements for ticket sellers, a violation of which constitutes a misdemeanor. (Business and Professions Code §§ 22500 – 22511)
- Prohibits a ticket seller from contracting to sell or accepting payment for tickets unless the ticket seller has lawful possession of the ticket; has a contractual right to obtain the ticket; or informs the purchaser the seller does not have possession of the tickets, has no contract to obtain the offered ticket, and may not be able to supply the ticket at the contracted price, as specified. Authorizes a ticket seller to accept a deposit from a prospective purchaser as part of an agreement that the ticket seller will make best efforts to obtain a ticket at a specified price or price range and within a specified time, provided that the ticket seller informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two days, of the terms of the deposit agreement, and includes in the oral and written notice other required disclosures. (BPC § 22502.1)
- Prohibits a ticket seller from representing that they can deliver or cause a ticket to be delivered at a specific price or within a specific price range and fail to deliver within a reasonable time at or below or within the price and range of prices stated. Specifies that a ticket seller who violated this prohibition and violates 3) above is civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended in trying to attend the event, and reasonable attorney’s fees and court costs. (BPC §§ 22052.2 and 22052.3)
- Prohibits a person from using, selling, offering for sale, or advertising software designed to circumvent a ticket seller's security measures, access controls, or other controls used to ensure an equitable ticket-buying process. Makes it unlawful to use software or other technological means to purchase tickets in excess of posted limits for online ticket sales. (BPC § 22505.5)
This bill:
- Repeals existing BPC § 22503.5 which exempts certain primary ticket sales activities from the law.
- Establishes various definitions and makes various conforming changes.
- Prohibits a ticket seller from engaging in a speculative ticket sale, defined as the advertisement, listing, marketing, offering for sale, contracting for sale, acceptance of payment for, or sale of a ticket by a person who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale, does not have either actual or constructive possession of the ticket or authorization by the event presenter or venue operator to sell the ticket. Prohibits a ticket seller from advertising, listing, marketing, offering for sale, contracting for sale, accepting payment for, or selling a ticket before the ticket has been made available for sale by the event presenter, venue operator, rights holder, or original seller, unless expressly authorized by the event presenter, venue operator, rights holder, or original seller unless the ticket seller has constructive possession of the ticket.
- Prohibits a ticket resale marketplace from knowingly or recklessly processing payment, collecting a fee, advertising, listing, marketing, offering for sale, contracting for sale, accepting payment for, or facilitating the completion of a speculative ticket sale, and requires a ticket resale marketplace to implement reasonable measures designed to prevent speculative ticket sales on its platform.
- Strengthens prohibitions against the use of ticket-buying software and other technological methods to circumvent ticket purchasing restrictions, including posted ticket limits, electronic queues, presale restrictions, account limitations, and security or access controls. Prohibits providing, selling, marketing, or facilitating software or services used to engage in or enable this conduct.
- Prohibits deceptive or misleading practices in the advertising, marketing, sale, or resale of event tickets, including practices that misrepresent or create consumer confusion regarding the source, authorization, affiliation, availability, price, nature, or seating location of tickets. Provides that violations constitute false or misleading advertising under existing law.
Background
California’s ticket sellers regulations were largely enacted before the widespread adoption of online ticket marketplaces, digital ticketing systems, mobile ticket transfers, and sophisticated resale platforms. Today, consumers purchase, transfer, and resell tickets through a variety of online channels that did not exist when many of the ticketing statutes were first enacted. While technological advances have increased convenience and expanded access to tickets, they have also introduced new challenges relating to speculative ticket sales, automated purchasing software, deceptive online practices, fee transparency, and restrictions on ticket transferability. Policymakers, regulators, artists, venues, ticketing companies, and consumer advocates have increasingly focused on whether existing laws adequately protect consumers in the modern ticketing marketplace.
Federal regulators have devoted significant attention to ticketing-related consumer protection concerns in recent years. The Federal Trade Commission (FTC) has identified hidden fees, deceptive pricing practices, and the use of automated software to circumvent ticket purchasing restrictions as practices that can harm consumers and impair fair competition. In 2024, the FTC adopted its Rule on Unfair or Deceptive Fees, commonly referred to as the “Junk Fees Rule,” which requires greater transparency in ticket pricing and seeks to ensure that consumers receive meaningful information regarding the total cost of a ticket before making purchasing decisions. The FTC has also pursued enforcement actions under the Better Online Ticket Sales (BOTS) Act against entities alleged to have used automated technologies, multiple accounts, and other means to evade ticket purchasing limits designed to provide equitable access to tickets.
At the same time, federal antitrust scrutiny of the live entertainment industry has continued to increase. In 2010, the United States Department of Justice (DOJ) approved the merger of Live Nation and Ticketmaster subject to conditions intended to address competition concerns. In 2019, the DOJ announced that Live Nation had violated portions of the consent decree governing the merger and extended the decree through 2025. Following highly publicized ticketing issues associated with major concert tours and broader concerns regarding competition in the live entertainment marketplace, the DOJ and a coalition of state attorneys general, including California, filed an antitrust lawsuit against Live Nation Entertainment and Ticketmaster in 2024. The litigation alleges conduct affecting competition in concert promotion, venue services, and ticketing and reflects ongoing national debate regarding competition, consumer choice, and access to live entertainment events.
The Legislature has considered numerous measures over the past decade intended to address evolving issues in the ticketing marketplace. AB 329 (Pan, Chapter 325, Statutes of 2013) prohibited the use and sale of software designed to circumvent ticket purchasing controls intended to ensure an equitable ticket-buying process. AB 1556 (Friedman, Chapter 180, Statutes of 2021) strengthened consumer protections relating to cancelled, postponed, and rescheduled events by establishing refund requirements. Subsequent legislative efforts have explored a range of consumer protection issues including fee transparency, all-in pricing, resale marketplace disclosures, speculative ticket sales, deceptive practices, ticket transferability, and consumer understanding of ticket transactions. In addition, broader consumer protection measures such as SB 478 (Dodd, Chapter 740, Statutes of 2023), California's Honest Pricing Law, reflect increasing legislative interest in ensuring transparency and fairness in transactions involving mandatory fees.
Although California law already prohibits certain unfair ticketing practices, many of the existing statutes were enacted before the widespread use of digital ticketing, mobile ticket transfers, online resale marketplaces, and automated purchasing technologies. As a result, questions have emerged regarding whether existing laws adequately address modern practices such as speculative ticket sales, the use of sophisticated software to circumvent ticket purchasing controls, deceptive online ticketing websites, and consumer confusion regarding whether a ticket is being sold by an authorized seller or through a resale marketplace. Consumer advocates and policymakers have also raised concerns regarding consumer confusion about the source of tickets, whether tickets are being sold by authorized sellers or resale marketplaces, and whether sellers possess or have a legal right to transfer the tickets being offered for sale. Policymakers have increasingly examined whether additional statutory clarity is warranted to address these practices while preserving legitimate ticketing, resale, and consumer transfer rights.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Committee on Appropriations, this bill will result in unknown court cost pressures ranging from minor to significant to the extent the Attorney General (AG) brings civil actions against any person who violates the new requirements and restrictions regarding ticket resale marketplaces. Actual costs will depend on the number of actions filed and the time required to adjudicate each case. The Department of Justice (DOJ) reports that it does not anticipate a significant fiscal impact; this assessment suggests the department may not actively pursue enforcement using the authority prescribed in the bill. The bill will also result in unknown, potentially significant court cost pressures as the False Advertising Law, Unfair Competition Law, and general statutes governing ticket sellers provide a private right of action for consumers. Although trial courts are not funded based on workload, increased pressure on the Trial Court Trust Fund may create a demand for additional court resources. For context, the proposed 2026-27 Governor’s Budget would provide $70 million General Fund support to the Trial Court Trust Fund. The bill will also result in unknown local county costs to the extent that a six month misdemeanor jail sentence is imposed, though incarceration for this offense appears unlikely. The average annual cost to incarcerate one person in county jail is approximately $80,000. Actual county incarceration costs will depend on the number of convictions and the length of each sentence. Generally, county incarceration costs are not reimbursable state mandates pursuant to Proposition 30 (2012).
SUPPORT: (Verified 8/14/26)
Music Artists Coalition (co-source)
National Independent Venue Association – California (co-source)
American Association of Independent Music
American Federation of Musicians
Artist Rights Alliance
Black Music Action Coalition
California African American Chamber of Commerce
California Arts Advocates
California Black Chamber of Commerce
California Hispanic Chambers of Commerce
California League of United Latin American Citizens
California Live Events Equity Alliance
California Multicultural Business Alliance
Central Valley Latino Mayors & Elected Officials Coalition
Central Valley Yemen Society
City of Thousand Oaks
Fan Alliance
Folk Alliance International
Future of Music Coalition
Hispanic 100
Latin Business Association
Music Managers Forum - US
National Action Network Sacramento
National Independent Talent Organization
Recording Academy
Recording Industry Association of America
SAG-AFTRA
Si Se Puede Fresno, Tulare, Kings & Kern
Songwriters of North America
Venue Pilot
OPPOSITION: (Verified 8/14/26)
StubHub
Valley Industry and Commerce Association
ARGUMENTS IN SUPPORT: A coalition of stakeholders previously opposed to the bill writes that “The amended bill strikes the right balance between consumer protection, transparency, and competition in California's live event marketplace. We believe these changes strengthen AB 1349 and better serve fans, artists, venues, and communities across the state. California's live event ticketing marketplace has needed meaningful reform for years. Consumers deserve a system that is transparent, competitive, and fair—one that protects fans from deceptive practices while preserving consumer choice and encouraging competition. As amended, AB 1349 represents an important step toward achieving those goals and creating a marketplace that works better for fans.”
A coalition of music creators, venues, labels, workers and unions write that Most importantly, the bill prohibits speculative ticket sales—listing or selling tickets that the seller does not actually possess or have a legally enforceable right to obtain. Consumers should not unknowingly purchase what amounts to a promise that a reseller hopes to fulfill at some future date. By requiring sellers to possess or have enforceable contractual rights to the tickets they offer for sale, AB 1349 restores integrity and accountability to the marketplace while protecting consumers from fraud and last-minute cancellations… Importantly, AB 1349 does not prohibit the lawful resale of tickets. Legitimate secondary marketplaces remain free to operate and consumers will continue to have access to resale opportunities. Rather, the bill establishes reasonable guardrails to prohibit speculative ticket sales, deceptive marketing, website impersonation, and other practices that undermine consumer confidence and disadvantage both artists and fans. Honest resale continues; fraud and deception do not.”
ARGUMENTS IN OPPOSITION: Valley Industry and Commerce Association writes that “While VICA supports efforts to protect consumers from deceptive practices and ticket‑buying bots, AB 1349’s approach would discourage legitimate resale, limit flexibility for fans who can no longer attend events, and tilt the playing field toward incumbents with the most data and market leverage.”
StubHub notes that “While the Department of Justice and some states settled with Live Nation and Ticketmaster, over 30 states, including California, continued in court. California and the other State AGs have since asked the court for structural remedies, including breaking up Live Nation and Ticketmaster. StubHub believes any new ticketing industry policy should take this lawsuit into account and treat the industry holistically, ensuring it doesn't further entrench monopolistic control while the courts are still determining remedies. StubHub requests amendments to request that a marketplace be allowed to cure by refunding the buyer the full purchase price, including all fees and to update various definitions. StubHub also states that this bill introduces the undefined concept of “authorized entry” and could create a mechanism by which [LiveNation Entertainment] could potentially cancel tickets sold by competitors after deeming them ‘unauthorized’ even though they are valid tickets. AB 1349 could be strengthened by instead focusing on enforcing existing bots laws by encouraging collaboration between those breached by bots, event presenters and original ticket sellers, and those who enforce the law.” StubHub also states that the bill “includes discriminatory trademark requirements that prohibit the use of identifying graphics or those that are ‘likely to mislead a reasonable consumer.’ This vague and ambiguous standard is ripe for abuse by ticket sellers who are seeking to eliminate legitimate competitors from the marketplace. For example, a competitor may argue that a seat map is an identifying graphic and attempt to prohibit any non-affiliated entity from properly informing consumers about the seat location of a ticket being offered for sale, leading to greater confusion and difficulties for consumers. To address this opacity, we suggest aligning Sec. 22505.6 with existing trademark law pursuant to California Code Section 17200…Aligning AB 1349 with best practices from other states can ensure bad actors are prohibited from participating in the marketplaces while protecting fair competition.”
ASSEMBLY FLOOR: 66-0, 1/26/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Jeff Gonzalez, Mark González, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Sharp-Collins, Solache, Soria, Stefani, Valencia, Wallis, Ward, Zbur, Rivas
NO VOTE RECORDED: Arambula, DeMaio, Flora, Garcia, Gipson, Hadwick, Johnson, Papan, Celeste Rodriguez, Schultz, Ta, Tangipa, Wicks, Wilson
Prepared by: Sarah Mason / B., P. & E.D. /
8/15/26 16:03:33
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 1349 |
THIRD READING
Bill No: AB 1349
Author: Bryan (D), et al.
Amended: 7/2/26 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 7-0, 6/22/26
AYES: Wahab, Archuleta, Arreguín, Caballero, Menjivar, Richardson, Strickland
NO VOTE RECORDED: Choi, Niello, Smallwood-Cuevas, Umberg
SENATE PRIV., DIGITAL TECH. & CONS. PROT. COMMITTEE: 7-0, 6/29/26
AYES: Cabaldon, Gonzalez, McNerney, Ochoa Bogh, Padilla, Reyes, Wiener
NO VOTE RECORDED: Seyarto, Umberg
SENATE JUDICIARY COMMITTEE: 13-0, 6/30/26
AYES: Umberg, Niello, Allen, Ashby, Caballero, Durazo, Laird, Reyes, Stern, Valladares, Wahab, Weber Pierson, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26
AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 66-0, 1/26/26 - See last page for vote
SUBJECT: Consumer protection: ticket sellers
SOURCE: Music Artists Coalition
National Independent Venue Association- California
DIGEST:
This bill prohibits speculative ticket sales, modernizes existing anti-bot provisions, and imposes restrictions on deceptive websites and advertising practices.
ANALYSIS:
Existing law:
- Defines a ticket seller as any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event. Clarifies that various entities are not a ticket seller subject to various requirements. Establishes various requirements for ticket sellers, a violation of which constitutes a misdemeanor. (Business and Professions Code §§ 22500 – 22511)
- Prohibits a ticket seller from contracting to sell or accepting payment for tickets unless the ticket seller has lawful possession of the ticket; has a contractual right to obtain the ticket; or informs the purchaser the seller does not have possession of the tickets, has no contract to obtain the offered ticket, and may not be able to supply the ticket at the contracted price, as specified. Authorizes a ticket seller to accept a deposit from a prospective purchaser as part of an agreement that the ticket seller will make best efforts to obtain a ticket at a specified price or price range and within a specified time, provided that the ticket seller informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two days, of the terms of the deposit agreement, and includes in the oral and written notice other required disclosures. (BPC § 22502.1)
- Prohibits a ticket seller from representing that they can deliver or cause a ticket to be delivered at a specific price or within a specific price range and fail to deliver within a reasonable time at or below or within the price and range of prices stated. Specifies that a ticket seller who violated this prohibition and violates 3) above is civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended in trying to attend the event, and reasonable attorney’s fees and court costs. (BPC §§ 22052.2 and 22052.3)
- Prohibits a person from using, selling, offering for sale, or advertising software designed to circumvent a ticket seller's security measures, access controls, or other controls used to ensure an equitable ticket-buying process. Makes it unlawful to use software or other technological means to purchase tickets in excess of posted limits for online ticket sales. (BPC § 22505.5)
This bill:
- Repeals existing BPC Section 22503.5 which exempts certain primary ticket sales activities from the law.
- Establishes various definitions and makes various conforming changes.
- Prohibits a ticket seller from engaging in a speculative ticket sale, defined as the advertisement, listing, marketing, offering for sale, contracting for sale, acceptance of payment for, or sale of a ticket by a person who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale, does not have either actual or constructive possession of the ticket or authorization by the event presenter or venue operator to sell the ticket. Prohibits a ticket seller from advertising, listing, marketing, offering for sale, contracting for sale, accepting payment for, or selling a ticket before the ticket has been made available for sale by the event presenter, venue operator, rights holder, or original seller, unless expressly authorized by the event presenter, venue operator, rights holder, or original seller unless the ticket seller has constructive possession of the ticket.
- Prohibits a ticket resale marketplace from knowingly or recklessly processing payment, collecting a fee, advertising, listing, marketing, offering for sale, contracting for sale, accepting payment for, or facilitating the completion of a speculative ticket sale, and requires a ticket resale marketplace to implement reasonable measures designed to prevent speculative ticket sales on its platform.
- Strengthens prohibitions against the use of ticket-buying software and other technological methods to circumvent ticket purchasing restrictions, including posted ticket limits, electronic queues, presale restrictions, account limitations, and security or access controls. Prohibits providing, selling, marketing, or facilitating software or services used to engage in or enable this conduct.
- Prohibits deceptive or misleading practices in the advertising, marketing, sale, or resale of event tickets, including practices that misrepresent or create consumer confusion regarding the source, authorization, affiliation, availability, price, nature, or seating location of tickets. Provides that violations constitute false or misleading advertising under existing law.
Background
California’s ticket sellers regulations were largely enacted before the widespread adoption of online ticket marketplaces, digital ticketing systems, mobile ticket transfers, and sophisticated resale platforms. Today, consumers purchase, transfer, and resell tickets through a variety of online channels that did not exist when many of the ticketing statutes were first enacted. While technological advances have increased convenience and expanded access to tickets, they have also introduced new challenges relating to speculative ticket sales, automated purchasing software, deceptive online practices, fee transparency, and restrictions on ticket transferability. Policymakers, regulators, artists, venues, ticketing companies, and consumer advocates have increasingly focused on whether existing laws adequately protect consumers in the modern ticketing marketplace.
Federal regulators have devoted significant attention to ticketing-related consumer protection concerns in recent years. The Federal Trade Commission (FTC) has identified hidden fees, deceptive pricing practices, and the use of automated software to circumvent ticket purchasing restrictions as practices that can harm consumers and impair fair competition. In 2024, the FTC adopted its Rule on Unfair or Deceptive Fees, commonly referred to as the “Junk Fees Rule,” which requires greater transparency in ticket pricing and seeks to ensure that consumers receive meaningful information regarding the total cost of a ticket before making purchasing decisions. The FTC has also pursued enforcement actions under the Better Online Ticket Sales (BOTS) Act against entities alleged to have used automated technologies, multiple accounts, and other means to evade ticket purchasing limits designed to provide equitable access to tickets.
At the same time, federal antitrust scrutiny of the live entertainment industry has continued to increase. In 2010, the United States Department of Justice (DOJ) approved the merger of Live Nation and Ticketmaster subject to conditions intended to address competition concerns. In 2019, the DOJ announced that Live Nation had violated portions of the consent decree governing the merger and extended the decree through 2025. Following highly publicized ticketing issues associated with major concert tours and broader concerns regarding competition in the live entertainment marketplace, the DOJ and a coalition of state attorneys general, including California, filed an antitrust lawsuit against Live Nation Entertainment and Ticketmaster in 2024. The litigation alleges conduct affecting competition in concert promotion, venue services, and ticketing and reflects ongoing national debate regarding competition, consumer choice, and access to live entertainment events.
The Legislature has considered numerous measures over the past decade intended to address evolving issues in the ticketing marketplace. AB 329 (Pan, Chapter 325, Statutes of 2013) prohibited the use and sale of software designed to circumvent ticket purchasing controls intended to ensure an equitable ticket-buying process. AB 1556 (Friedman, Chapter 180, Statutes of 2021) strengthened consumer protections relating to cancelled, postponed, and rescheduled events by establishing refund requirements. Subsequent legislative efforts have explored a range of consumer protection issues including fee transparency, all-in pricing, resale marketplace disclosures, speculative ticket sales, deceptive practices, ticket transferability, and consumer understanding of ticket transactions. In addition, broader consumer protection measures such as SB 478 (Dodd, Chapter 740, Statutes of 2023), California's Honest Pricing Law, reflect increasing legislative interest in ensuring transparency and fairness in transactions involving mandatory fees.
Although California law already prohibits certain unfair ticketing practices, many of the existing statutes were enacted before the widespread use of digital ticketing, mobile ticket transfers, online resale marketplaces, and automated purchasing technologies. As a result, questions have emerged regarding whether existing laws adequately address modern practices such as speculative ticket sales, the use of sophisticated software to circumvent ticket purchasing controls, deceptive online ticketing websites, and consumer confusion regarding whether a ticket is being sold by an authorized seller or through a resale marketplace. Consumer advocates and policymakers have also raised concerns regarding consumer confusion about the source of tickets, whether tickets are being sold by authorized sellers or resale marketplaces, and whether sellers possess or have a legal right to transfer the tickets being offered for sale. Policymakers have increasingly examined whether additional statutory clarity is warranted to address these practices while preserving legitimate ticketing, resale, and consumer transfer rights.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Committee on Appropriations, the bill will result in unknown court cost pressures ranging from minor to significant to the extent the Attorney General (AG) brings civil actions against any person who violates the new requirements and restrictions regarding ticket resale marketplaces. Actual costs will depend on the number of actions filed and the time required to adjudicate each case. The Department of Justice (DOJ) reports that it does not anticipate a significant fiscal impact; this assessment suggests the department may not actively pursue enforcement using the authority prescribed in the bill. The bill will also result in unknown, potentially significant court cost pressures as the False Advertising Law, Unfair Competition Law, and general statutes governing ticket sellers provide a private right of action for consumers. Although trial courts are not funded based on workload, increased pressure on the Trial Court Trust Fund may create a demand for additional court resources. For context, the proposed 2026-27 Governor’s Budget would provide $70 million General Fund support to the Trial Court Trust Fund. The bill will also result in unknown local county costs to the extent that a six month misdemeanor jail sentence is imposed, though incarceration for this offense appears unlikely. The average annual cost to incarcerate one person in county jail is approximately $80,000. Actual county incarceration costs will depend on the number of convictions and the length of each sentence. Generally, county incarceration costs are not reimbursable state mandates pursuant to Proposition 30 (2012).
SUPPORT: (Verified 8/14/26)
Music Artists Coalition (co-source)
National Independent Venue Association – California (co-source)
American Association of Independent Music
American Federation of Musicians
Artist Rights Alliance
Black Music Action Coalition
California African American Chamber of Commerce
California Arts Advocates
California Black Chamber of Commerce
California Hispanic Chambers of Commerce
California League of United Latin American Citizens
California Live Events Equity Alliance
California Multicultural Business Alliance
Central Valley Latino Mayors & Elected Officials Coalition
Central Valley Yemen Society
City of Thousand Oaks
Fan Alliance
Folk Alliance International
Future of Music Coalition
Hispanic 100
Latin Business Association
Music Managers Forum - US
National Action Network Sacramento
National Independent Talent Organization
Recording Academy
Recording Industry Association of America
SAG-AFTRA
Si Se Puede Fresno, Tulare, Kings & Kern
Songwriters of North America
Venue Pilot
OPPOSITION: (Verified 8/14/26)
StubHub
Valley Industry and Commerce Association
ARGUMENTS IN SUPPORT: A coalition of stakeholders previously opposed to the bill writes that “The amended bill strikes the right balance between consumer protection, transparency, and competition in California's live event marketplace. We believe these changes strengthen AB 1349 and better serve fans, artists, venues, and communities across the state. California's live event ticketing marketplace has needed meaningful reform for years. Consumers deserve a system that is transparent, competitive, and fair—one that protects fans from deceptive practices while preserving consumer choice and encouraging competition. As amended, AB 1349 represents an important step toward achieving those goals and creating a marketplace that works better for fans.”
A coalition of music creators, venues, labels, workers and unions write that Most importantly, the bill prohibits speculative ticket sales—listing or selling tickets that the seller does not actually possess or have a legally enforceable right to obtain. Consumers should not unknowingly purchase what amounts to a promise that a reseller hopes to fulfill at some future date. By requiring sellers to possess or have enforceable contractual rights to the tickets they offer for sale, AB 1349 restores integrity and accountability to the marketplace while protecting consumers from fraud and last-minute cancellations… Importantly, AB 1349 does not prohibit the lawful resale of tickets. Legitimate secondary marketplaces remain free to operate and consumers will continue to have access to resale opportunities. Rather, the bill establishes reasonable guardrails to prohibit speculative ticket sales, deceptive marketing, website impersonation, and other practices that undermine consumer confidence and disadvantage both artists and fans. Honest resale continues; fraud and deception do not.”
ARGUMENTS IN OPPOSITION: Valley Industry and Commerce Association writes that “While VICA supports efforts to protect consumers from deceptive practices and ticket‑buying bots, AB 1349’s approach would discourage legitimate resale, limit flexibility for fans who can no longer attend events, and tilt the playing field toward incumbents with the most data and market leverage.”
StubHub notes that “While the Department of Justice and some states settled with Live Nation and Ticketmaster, over 30 states, including California, continued in court. California and the other State AGs have since asked the court for structural remedies, including breaking up Live Nation and Ticketmaster. StubHub believes any new ticketing industry policy should take this lawsuit into account and treat the industry holistically, ensuring it doesn't further entrench monopolistic control while the courts are still determining remedies. StubHub requests amendments to request that a marketplace be allowed to cure by refunding the buyer the full purchase price, including all fees and to update various definitions. StubHub also states that this bill introduces the undefined concept of “authorized entry” and could create a mechanism by which [LiveNation Entertainment] could potentially cancel tickets sold by competitors after deeming them ‘unauthorized’ even though they are valid tickets. AB 1349 could be strengthened by instead focusing on enforcing existing bots laws by encouraging collaboration between those breached by bots, event presenters and original ticket sellers, and those who enforce the law.” StubHub also states that the bill “includes discriminatory trademark requirements that prohibit the use of identifying graphics or those that are ‘likely to mislead a reasonable consumer.’ This vague and ambiguous standard is ripe for abuse by ticket sellers who are seeking to eliminate legitimate competitors from the marketplace. For example, a competitor may argue that a seat map is an identifying graphic and attempt to prohibit any non-affiliated entity from properly informing consumers about the seat location of a ticket being offered for sale, leading to greater confusion and difficulties for consumers. To address this opacity, we suggest aligning Sec. 22505.6 with existing trademark law pursuant to California Code Section 17200…Aligning AB 1349 with best practices from other states can ensure bad actors are prohibited from participating in the marketplaces while protecting fair competition.”
ASSEMBLY FLOOR: 66-0, 1/26/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Jeff Gonzalez, Mark González, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Sharp-Collins, Solache, Soria, Stefani, Valencia, Wallis, Ward, Zbur, Rivas
NO VOTE RECORDED: Arambula, DeMaio, Flora, Garcia, Gipson, Hadwick, Johnson, Papan, Celeste Rodriguez, Schultz, Ta, Tangipa, Wicks, Wilson
Prepared by: Sarah Mason / B., P. & E.D. /
8/15/26 16:05:29
SENATE COMMITTEE ON
Senator Sabrina Cervantes, Chair
2025 - 2026 Regular Session
AB 1349 (Bryan) - Consumer protection: ticket sellers
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 1349 revises and expands prohibitions and requirements relating to speculative ticket sales.
Fiscal Impact:
- Unknown court cost pressures ranging from minor to significant (General Fund and special funds) to the extent the Attorney General (AG) brings civil actions against any person who violates the new requirements and restrictions regarding ticket resale marketplaces. Actual costs will depend on the number of actions filed and the time required to adjudicate each case. The Department of Justice (DOJ) reports that it does not anticipate a significant fiscal impact; this assessment suggests the department may not actively pursue enforcement using the authority prescribed in the bill.
- Unknown, potentially significant court cost pressures (Trial Court Trust Fund and General Fund) as the False Advertising Law (FAL), Unfair Competition Law, and general statutes governing ticket sellers provide a private right of action for consumers. Although trial courts are not funded based on workload, increased pressure on the Trial Court Trust Fund may create a demand for additional court resources. For context, the proposed 2026-27 Governor’s Budget would provide $70 million General Fund support to the Trial Court Trust Fund.
- Unknown local county costs to the extent that a six month misdemeanor jail sentence is imposed, though incarceration for this offense appears unlikely. The average annual cost to incarcerate one person in county jail is approximately $80,000. For historical context, Los Angeles County budgeted $1.3 billion for jail costs in 2021, averaging roughly $90,000 per incarcerated person. Actual county incarceration costs will depend on the number of convictions and the length of each sentence. Generally, county incarceration costs are not reimbursable state mandates pursuant to Proposition 30 (2012).
Background:
Speculative ticketing is the practice of listing and selling event tickets on secondary marketplaces before the seller owns, possesses, or holds a guaranteed contractual right to them. In these scenarios, the reseller relies on the assumption that they can purchase the promised ticket at a later date, ideally at a lower cost, to fulfill the buyer's order. Because the seller does not yet have the tickets, delivery is often delayed until shortly before the event. Furthermore, if the reseller fails to source the ticket before the event, the consumer's order is canceled, which can leave the buyer without admission and without adequate time to secure alternative tickets. Under existing California law, it is unlawful for a ticket seller to contract for the sale of tickets or accept payment unless they possess the ticket, hold a written contract to obtain it, or explicitly inform the purchaser (both orally and in writing) that they do not currently possess or have a contract for the ticket (Business and Professions Code (BPC) Section 22502.1).
Proposed Law:
- Repeals the existing Section 22502.1 of the BPC and replaces it with the following provisions:
- Defines “speculative ticket sale” as the advertisement, listing, marketing, offer, contract, acceptance of payment, or sale of a ticket by any person, other than a ticket resale marketplace, who, at the time of such action, lacks either:
- Actual or constructive possession of the ticket. "Constructive possession" means the person has fully paid for the ticket, holds a legally enforceable right to receive delivery, and has received a purchase or assignment confirmation from the original ticket seller, event presenter, or venue operator.
- Express authorization from the event presenter or venue operator to sell the ticket.
- Prohibits a ticket resale marketplace from knowingly or recklessly processing payment, collecting a fee, advertising, listing, marketing, offering, contracting, accepting payment for, or facilitating a speculative ticket sale. Requires marketplaces to implement reasonable measures designed to prevent speculative ticket sales on their platforms.
- Prohibits a ticket seller from engaging in a speculative ticket sale.
- Prohibits a ticket seller from advertising, listing, marketing, offering, contracting, accepting payment for, or selling a ticket before it has been made available for sale by the event presenter, venue operator, rights holder, or original seller, unless expressly authorized by one of these entities or unless the ticket seller has constructive possession of the ticket.
- Defines “speculative ticket sale” as the advertisement, listing, marketing, offer, contract, acceptance of payment, or sale of a ticket by any person, other than a ticket resale marketplace, who, at the time of such action, lacks either:
- Expands the existing statutory right to obtain double damages and reliance costs against a ticket seller who fails to supply a ticket at or below the contracted price, making these remedies explicitly available against any ticket seller, original seller, ticket reseller, or ticket resale marketplace.
- Repeals the existing definition of “ticket seller” and establishes the following definitions:
- “Consumer” means a natural person who purchases a ticket with the reasonable expectation of attending an event.
- “Event presenter” means the person or organization responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including a rights holder or their authorized agent.
- “Onsale” means the official date and time when tickets for an event become available to the general public.
- “Original seller” means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
- “Rights holder” means an artist, performing arts organization, theater company, dance company, professional athletic team, professional athletic league, author, lecturer, or other person that is a primary performer, participant, speaker, or presenter at an event for which tickets are sold.
- “Ticket resale marketplace” means an entity that, for compensation, commission, or otherwise, operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates the resale of admission tickets for a sporting, musical, theater, or other entertainment event between third parties, and includes an original seller to the extent that the original seller operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates resale or original sale of tickets that were not offered to the general public during the public onsale.
- “Ticket reseller” means a person or entity, other than a consumer or season ticket holder who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells admission tickets to, a sporting, musical, theater, or other entertainment event on a secondary market.
- “Ticket seller” means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells an admission ticket to, a sporting, musical, theater, or other entertainment event.
- “Venue operator” means a person who owns, operates, manages, or controls a venue at which a sporting, musical, theater, or other entertainment event is presented.
- “Season ticket holder” means a person who purchases a package of tickets for multiple events from an original seller, event presenter, rights holder, or venue operator pursuant to a season ticket membership, subscription, premium seat license, or similar ticketing program.
- Repeals existing law exempting a primary contractor, or a seller of tickets for a primary contractor, from speculative ticket sales limitations.
- Repeals existing law prohibiting software used to circumvent ticket sales security measures, and replaces it with a provision declaring it unlawful to knowingly use, provide, sell, offer, market, or facilitate software or services to engage in any of the following:
- Purchase tickets in excess of posted limits for an online event ticket sale.
- Circumventing or evading an electronic queue, waiting period, presale restriction, presale code, ticket purchasing limit, account limitation, or any other distribution control established and disclosed by the event presenter, venue operator, rights holder, or ticket seller.
- Circumventing or disabling a security measure, access control system, or other control used to facilitate authorized ticket sales or authorized event entry.
- Utilizing multiple IP addresses, purchaser accounts, email addresses, or other technological means to purchase tickets in excess of posted limits or to evade specified purchasing restrictions.
- Using software, services, or automated methods to automate, coordinate, facilitate, or otherwise enable any prohibited conduct.
- Provides that it is unlawful for any person, ticket seller, original seller, ticket reseller, or ticket resale marketplace acting in connection with the sale or resale of tickets to advertise, market, or offer tickets in a manner likely to mislead a reasonable consumer regarding the source, sponsorship, authorization, availability, price, or nature of the ticket.
- Prohibits the use of an internet website, address, domain name, trade name, trademark, logo, design, or other identifying characteristic that is substantially similar to, or likely to be confused with, that of an event presenter, venue operator, rights holder, original seller, or authorized agent, if displayed with the intent or likelihood of deceiving reasonable consumers regarding the source, sponsorship, authorization, or affiliation of the website or advertisement.
- Prohibits any person from representing or implying that:
- A ticket is available from an authorized source when it is actually being offered through resale.
- A live entertainment event is sold out when tickets remain available from the original seller or an authorized seller.
- A consumer is purchasing a ticket directly from an event presenter, venue operator, rights holder, original seller, or authorized agent when the consumer is purchasing from a reseller or resale marketplace.
- A ticket listing reflects a specific seat, section, row, or location if the seller lacks a reasonable basis to make that representation.
- Provides that engaging in any of the aforementioned deceptive marketing, website impersonation, or misrepresentation practices constitutes false or misleading advertising for the purposes of the FAL.
Related Legislation:
AB 1720 (Haney, 2026) prohibits ticket resellers from selling a ticket for more than 10 percent above the original ticket price, subject to certain exemptions and parameters, and prohibits resellers from advertising, displaying, or offering a ticket price that does not include all mandatory fees or charges. AB 1720 is pending in this committee.
-- END --
Senator Thomas Umberg, Chair
2025-2026 Regular Session
Bill No: AB 1349 (Author:Bryan)
Version: June 26, 2026
Hearing Date: June 30, 2026
Fiscal: Yes
Urgency: No
Consultant: AWM
SUBJECT
Consumer protection: ticket sellers
DIGEST
This bill revises and expands existing prohibitions and requirements relating to speculative ticket sales.
EXECUTIVE SUMMARY
The ticketing industry is primarily split between the primary and secondary markets. Each has flaws and nefarious practices that culminate in poor consumer experiences. These practices include speculative ticketing, which is the act of an individual or entity selling a ticket that they do not own, possess, or have any rights to; the use of bots to rapidly purchase tickets from the original seller, thereby forcing actual fans to buy marked-up tickets on resale platforms; and websites designed to make consumers believe they are buying from an original seller rather than a reseller.
This bill, as the author agreed to amend it, creates a new framework for protecting consumers from unfair ticket selling practices, including speculative ticket selling, the use of bots to circumvent limitations on purchasing tickets, and websites posing as official venue or concert pages. The bill’s mechanisms are enforceable under the Unfair Competition Law, and a violation of the provisions relating to misleading ticketing websites are deemed violations of the False Advertising Law.
This bill is sponsored by the Music Artists Coalition and is supported by BottleRock, the Coalition for Ticket Fairness, and Live Nation Entertainment, Inc. This bill is opposed by a number of organizations, including consumer protection organizations and resale ticket platforms, and one individual. The Senate Business, Professions and Economic Development Committee passed this bill with a vote of 7-0, and the Senate Privacy, Digital Technologies, and Consumer Protection Committee passed this bill with a vote of 7-0.
PROPOSED CHANGES TO THE LAW
Existing federal law:
- Establishes the Better Online Ticket Sales (BOTS) Act, which prohibits the use of automated bots to circumvent ticket purchase limits set by ticket sellers. (15 U.S.C. § 45c.)
- Prohibits selling or offering to sell an event ticket obtained using an automated bot if the seller participated in, had the ability to control, or should have known about the violation. (15 U.S.C. § 45c.)
Existing law:
- Declares it unlawful for a person to intentionally use or sell software or services to circumvent a security measure, access control system, or other control or measure (including limits on the number of tickets a person can purchase) that is used to ensure an equitable ticket buying process for event attendees. (Bus. & Prof. Code, § 22502.5.)
- Defines a “ticket seller” as any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event. (Bus. & Prof. Code, § 22503.)
- Clarifies that the following are not ticket sellers for purposes of existing law:
- An officially appointed agent of an air carrier, ocean carrier, or motor coach carrier who purchases or sells tickets in conjunction with a tour package.
- Any person who sells six tickets or fewer to any one single event, provided the tickets are sold off the event premises, including, but not limited to, designated parking areas and points of entry to the event.
- The person or organization responsible for the event for which tickets are being sold, or a seller of tickets operating under a written contract with this person or organization.
- Any nonprofit charitable tax-exempt organization selling tickets to an event sponsored by the organization. (Bus. & Prof. Code, §§ 22503.5, 22503.6, 22504, & 22511.)
- Requires a ticket seller to have a permanent business address from which tickets may only be sold and that the address be included in any advertisement or solicitation. Makes a violation of this requirement a misdemeanor punishable by imprisonment or a fine not exceeding $2,500 or by both and provides for civil penalties of up to $2,500 for violations. (Bus. & Prof. Code, § 22500.)
- Requires ticket sellers to do all of the following:
- Maintain records of ticket sales, deposits, and refunds. (Bus. & Prof. Code § 22501.)
- Prior to sale, disclose to the purchaser by means of description or a map the location of the seat or seats represented by the ticket or tickets. (Bus. & Prof. Code, § 22502.)
- Make any partial or full deposit refundable if received on a future event for which tickets are not available, except for a service charge of not more than 10 percent, until such time as tickets for the event are actually available. (Bus. & Prof. Code, § 22506.)
- Provide a refund within 30 days for the ticket price of an event that is canceled. (Bus. & Prof. Code, § 22507(a).)
- Provide a refund, upon request, within 30 days, for the ticket price of an event which is postponed, rescheduled, or replaced with another event at the same date and time. (Bus. & Prof. Code, § 22507(b).)
- Provide that a local jurisdiction may require a bond of not more than $50,000 to cover required refunds. (Bus. & Prof. Code, § 22507(d).)
- Disclose that a service charge is imposed by the ticket seller and is added to the actual ticket price by the seller in any advertisement or promotion for any event by the ticket seller. (Bus. & Prof. Code, § 22508.)
- Prohibits a ticket seller from contracting to sell or accepting payment for tickets unless the ticket seller:
- Has lawful possession of the ticket;
- Has a contractual right to obtain the ticket; or
- Informs the purchaser, in a specified manner, that it does not have possession of the ticket, has no contract to obtain the offered ticket, and may not be able to supply the ticket at the contracted price. (Bus. & Prof. Code, § 22502.1.)
- Provides that it is unlawful for a ticket seller to represent that they can deliver or cause to be delivered a ticket at a specific price or within a specific price range and to fail to deliver within a reasonable time, or by a contracted time, the tickets at or below the price stated or within the range of prices stated. (Bus. & Prof. Code, § 22502.2.)
- Provides that, in addition to other remedies, a ticket seller who violates 6) or 7) and fails to supply a ticket at or below a contracted price or price range shall be civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorney’s fees and court costs. (Bus. & Prof. Code, § 22502.3.)
- Deems a violation of the chapter of the Business and Professions Code containing the provisions related to ticket sellers to be a misdemeanor. (Bus. & Prof. Code, § 22505.)
- Establishes the False Advertising Law (FAL), which makes it unlawful for any person, firm, corporation or association, or employee thereof to engage in false advertising that the advertiser knows, or through the exercise of reasonable care should know, is untrue or misleading; A violation of this law is punishable as a misdemeanor, by a fine of up to $2,500, or both. (Bus. & Prof. Code, div. 7, pt. 3, ch. 1, §§ 17500 et seq.)
- Establishes the Unfair Competition Law (UCL), which prohibits any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising and any act prohibited under the FAL. (Bus. & Prof. Code, div. 7, pt. 2, ch. 5, §§ 17200 et seq.)
- Provides the following remedies under the UCL:
- A person injured by a violation of the UCL may bring an action for an injunction and other equitable relief. (Bus. & Prof. Code, § 17203.)
- The Attorney General, a district attorney, and specified county counsels and city attorneys may seek injunctive relief, other equitable relief, and a civil penalty of up to $2,500 per violation. (Bus. & Prof. Code, §§ 17204, 17206.)
- Prohibits any person who does not have the written permission of the owner or operator of the property on which an entertainment event is to be held, or is being held, from selling tickets to the entertainment event, which were obtained for the purpose of resale, at any price which is in excess of the price that is printed or endorsed upon the ticket, while on the grounds of or in the stadium, arena, theater, or other place where an event for which admission tickets are sold is to be held or is being held. (Pen. Code, § 346.)
This bill, as the author agreed to amend it:
- Repeals the existing Section 22502.1 of the Business and Professions Code and replaces it with the following:
- “Speculative ticket sale” means the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale of a ticket by a person other than a ticket resale marketplace who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale, does not have either:
- Actual or constructive possession of the ticket; “constructive possession” means that the person has fully paid for the ticket, holds a legally enforceable right to receive delivery of the ticket, and has received confirmation of purchase or assignment from the original ticket seller, event presenter, or venue operator.
- Authorization from the event presenter or venue operator to sell the ticket.
- A ticket resale marketplace shall not knowingly or recklessly process payment, collect a fee, advertise, list, market, offer for sale, contract for sale, accept payment for, or facilitate the completion of a speculative ticket sale, and it shall implement reasonable measures designed to prevent speculative ticket sales on its platform.
- A ticket seller shall not engage in a speculative ticket sale.
- A ticket seller shall not advertise, list, market, offer for sale, contract for sale, accept payment for, or sell a ticket before the ticket has been made available for sale by the event presenter, venue operator, rights holder, or original seller, unless expressly authorized by the event presenter, venue operator, rights holder, or original seller, unless the ticket seller has constructive possession of the ticket.
- “Speculative ticket sale” means the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale of a ticket by a person other than a ticket resale marketplace who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale, does not have either:
- Provides, within the section providing double damages and sums expended in reliance on the attempted ticket purchase against a ticket seller who fails to supply a ticket at or below the contracted price, that the right to obtain these damages is available against a ticket seller, original seller, ticket reseller, or ticket retail marketplace.
- Repeals the existing definition of “ticket seller” and replaces it with the following definitions:
- “Consumer” means a natural person who purchases a ticket with the reasonable expectation of attending an event.
- “Event presenter” means the person or organization responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including a rights holder or their authorized agent.
- “Onsale” means the official date and time when tickets for an event become available to the general public.
- “Original seller” means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
- “Rights holder” means an artist, performing arts organization, theater company, dance company, professional athletic team, professional athletic league, author, lecturer, or other person that is a primary performer, participant, speaker, or presenter at an event for which tickets are sold.
- “Ticket resale marketplace” means an entity that, for compensation, commission, or otherwise, operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates the resale of admission tickets for a sporting, musical, theater, or other entertainment event between third parties, and includes an original seller to the extent that the original seller operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates resale or original sale of tickets that were not offered to the general public during the public onsale.
- “Ticket reseller” means a person or entity, other than a consumer or season ticket holder who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells admission tickets to, a sporting, musical, theater, or other entertainment event on a secondary market.
- “Ticket seller” means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells an admission ticket to, a sporting, musical, theater, or other entertainment event.
- “Venue operator” means a person who owns, operates, manages, or controls a venue at which a sporting, musical, theater, or other entertainment event is presented.
- “Season ticket holder” means a person who purchases a package of tickets for multiple events from an original seller, event presenter, rights holder, or venue operator pursuant to a season ticket membership, subscription, premium seat license, or similar ticketing program.
- Repeals existing law providing that the speculative ticket sales limitations do not apply to any primary contractor or seller of tickets for the primary contractor, as specified.
- Repeals existing law prohibiting software services used to circumvent ticket sales security measures, and replaces it with a provision stating that, notwithstanding specified law, it shall be unlawful for a person to knowingly use, cause to be used, provide, sell, offer for sale, market, or facilitate software or services to do, or otherwise engage in, any of the following:
- Purchase tickets in excess of posted limits for an online event ticket sale.
- Circumvent or evade an electronic queue, waiting period, presale restriction or presale code, ticket purchasing limit, account limitation, or other ticket distribution control established and disclosed by the event presenter, venue operator, rights holder, or ticket seller.
- Circumvent or disable a security measure, access control system, or other control or measure used to facilitate authorized ticket sales or authorized entry into an event.
- Utilize multiple IP addresses, multiple purchaser accounts, multiple email addresses, or other technological means to purchase tickets in excess of posted ticket limits or otherwise evade ticket purchasing restrictions established pursuant to (b), above.
- Use software, services, automated means, or other technological methods to automate, coordinate, facilitate, or otherwise enable conduct prohibited by (a)-(d), above.
- Provides that it shall be unlawful for a person, ticket seller, original seller, ticket reseller, ticket resale marketplace, or other person acting in connection with the sale or resale of tickets to advertise, market, or offer tickets for sale in a manner that is likely to mislead a reasonable consumer regarding the source, sponsorship, authorization, availability, price, or nature of the ticket being offered.
- Provides that a person shall not use an internet website, internet address, domain name, trade name, trademark, service mark, logo, design, text, image, or other identifying characteristic, or any combination thereof, that is substantially similar to, or likely to be confused with, that of an event presenter, venue operator, rights holder, original seller, or authorized agent, if displayed with an intent to confuse or deceive consumers or where such display is likely to confuse or deceive reasonable consumers regarding the source, sponsorship, authorization, or affiliation of the website or advertisement.
- Provides that a person shall not represent or imply that:
- A ticket is available from an authorized source when the ticket is being offered through resale.
- A live entertainment event is sold out when tickets remain available from the original seller or an authorized seller.
- A consumer is purchasing a ticket from an event presenter, venue operator, rights holder, original seller, or authorized agent when the consumer is purchasing from a reseller or ticket resale marketplace.
- A ticket listing reflects a specific seat, section, row, or location if the seller does not have a reasonable basis to make that representation.
- Provides that a violation of 6)-8) constitutes false or misleading advertising for purposes of the FAL.
COMMENTS
- Author’s comment
According to the author:
Secondary market resellers frequently deceive fans by listing and selling tickets to events that do not currently exist, or that they do not have a license to sell. This process is known as speculative ticketing. Fans buy these tickets, often for a predatory mark up. This practice is inherently anti-consumer and directly counter to the wishes of creatives and artists who seek to provide their fan base with a world-class show at an affordable price.
AB 1349 will prohibit speculative ticketing by requiring ticket sellers to own, possess, or have the contractual right to sell tickets before listing them. This will protect the integrity of the ticket buying process for consumers, and ensure that the hard work of artists and creatives is not unjustly used to gouge their core fan base.
2. Background on the downsides of online ticket sales and existing consumer protections for ticket purchasers
As explained by the Senate Privacy, Digital Technologies, and Consumer Protection Committee:
The digital age has had profound impacts on many industries and aspects of life; this includes the ticketing world. Long gone are the days of camping out overnight to secure a ticket to see one’s favorite artist, sports team, or performer. Nowadays, the battle at the box office begins online, and warfare can continue far after a ticket is initially sold. This is largely due to the current dynamics and methodology of ticket buying, which can be split into two categories: the primary market and secondary market.
Whenever someone purchases a ticket directly from a venue, event organizer, or their online ticket platform, they are buying from the primary market. These types of ticket sellers are generally referred to as original sellers. Many venues elect to use a third party to facilitate their online ticket sales. The prices of the primary market heavily impact availability and the prices on the secondary market, but generally, the primary market may sell tickets below market value. This is done to ensure a full show and to maximize venue and event expenses, such as merchandise, food, and drink.
The secondary market refers to ticket resellers. Platforms like StubHub, SeatGeek, TickPick, Vivid Seats, and others are all marketplaces that facilitate transactions between a potential consumer and a ticket reseller, who initially purchased the ticket from the primary market. Resellers, who are generally not associated with these platforms, use the secondary marketplace to secure valid, authentic transactions between themselves and consumers. They also provide consumers who, for various reasons, may no longer be able to attend the event with a way to recoup some of their money.
Further complicating this landscape is the fact that there can be overlap between the primary and secondary markets. For instance, Ticketmaster, which facilitates primary market sales, also has a resale platform.
Tickets listed on the secondary market can often be much more expensive than those on the primary market. Tickets sold out on the primary market are often subject to even higher markups. In 2023, the National Independent Talent Organization conducted a study on ticket resales and found that buyers were charged an average markup of 203% of the ticket’s face value on the secondary market. Similarly, the average face value price of a ticket was $67.47, while the average resale cost was $129.22.[1]
Both federal and state law already regulate secondary market ticket sales.[2] Virtually all stakeholders, proponents and opposition, are in agreement that the existing laws are insufficient to protect consumers from bad actors in the secondary market, including “speculative” ticket sellers, who take consumers’ money in exchange for a ticket they don’t actually own or constructively possess. Speculative sales work kind of like shorting a stock: the speculative seller takes the consumer’s money when the price is high, hoping that the price will drop before they have to produce an actual ticket, so that they can pocket the difference. Of course, this only works if the price actually drops and the speculative seller can get a seat close to what they promised the buyer; a lot of the time, it doesn’t pan out. They’ll refund the consumer’s purchase price, but the consumer has lost much more: any expenses they paid to get to the event, plus the once-in-a-lifetime opportunity they could have experienced but for the unscrupulous seller.
Other factors that give rise to consumer dissatisfaction the event ticket market is the frequent (and already prohibited) use of bots to scoop up tickets so that they can be resold for a higher price, and “white labeling,” wherein ticket resellers design their websites to look like the official website of the venue, artist, or tour, thereby tricking the consumer into believing they are buying a direct-sale.
3. The Live Nation/Ticketmaster monopoly issue
In 2010, concert producer Live Nation and ticketing and marketing company Ticketmaster were given authorization to merge.[3] The merger was approved subject to a consent decree that, among other things, was intended to prevent Live Nation from retaliating against a venue that used a ticketing company other than Ticketmaster.[4] In 2019, the DOJ alleged that Live Nation/Ticketmaster violated the consent decree, and the company settled with the government.[5]
In 2024, the Unted States Department of Justice (USDOJ) and the attorneys general of over 30 states (including California) sued Live Nation/Ticketmaster for violating the Sherman Antitrust Act by engaging in illegal monopolization.[6] In 2026, on the eve of trial, the USDOJ settled with Live Nation/Ticketmaster.[7] Reports indicate that Live Nation’s president and CEO spoke to President Donald Trump shortly before the USDOJ announced the settlement.[8] Thirty-three states’ attorneys general carried on with the lawsuit, however, and won a full victory at trial: the jury found that Live Nation/Ticketmaster operated as a monopoly that harmed consumers and overcharged ticket buyers.[9] The remedies phase of the trial is expected to take place in early 2027. The states’ remedies proposal, joined by Attorney General Rob Bonta, asks the court to require Live Nation to divest its ownership of Ticketmaster.[10]
4. This bill, as the author agreed to amend it, implements a new framework for protecting event ticket consumers
Recognizing that current event ticketing laws are insufficient to prevent consumers from predatory practices, this bill, as the author agreed to amend it in the Senate Privacy, Digital Technologies, and Consumer Protection Committee, expressly outlaws speculative ticketing. The bill also prohibits a ticket resale marketplace from knowingly or recklessly processing or facilitating a speculative ticket sale, and requires a ticket resale marketplace to implement reasonable measures designed to prevent speculative ticket sales on the platform. The bill adds a number of definitions to reflect the new scope of the law.
In addition to the prohibition of speculative ticketing, this bill provides enhancements to California’s prohibition on the use of software and services to circumvent restrictions by further specifying prohibited conduct. The bill also seeks to address white labeling and other fraudulent conduct by specifically prohibiting deceptive conduct by all parties involved in the ticketing world. Violations related to speculative ticketing and white labeling constitute an unfair business practice under the Unfair Competition Law, and white labeling violations specifically constitute a violation of the FAL.
5. Arguments in support
Support letters were submitted before the author agreed to amend the bill, so these letters may not reflect the positions of the stakeholders with respect to the bill as the author agreed to amend it in the Senate Privacy, Digital Technologies, and Consumer Protection Committee.
According to the Coalition for Ticket Fairness:
Unethical conduct by bad actors in the ticketing industry reflects on the entire industry and can prompt overbroad legislative efforts that ultimately harm consumers by curtailing competition. CTF supports legislative reforms that are focused on unethical conduct in the ticketing industry—whether in the primary or the secondary market--while still allowing competition throughout the industry. AB 1349, as it will be amended, accomplishes this goal by directly targeting the most deceptive and anti-consumer practices plaguing this industry.
- Banning Deceptive “Speculative” Ticket Sales. Speculative ticketing is a form of consumer fraud where bad actors list and sell tickets they do not actually own or possess. This creates artificial scarcity, drives up prices, and frequently leaves consumers empty-handed at the venue gate. AB 1349 establishes clear, bright-line boundaries by prohibiting the marketing or sale of a ticket unless the seller has actual or constructive possession of an event ticket.
- Enforcing Real Accountability. AB 1349 holds non-compliant ticket sellers civilly liable for two times the contracted price of the ticket. This provides a formidable deterrent against bad-faith listings and compensates consumers for the real-world fallout of ticketing scams.
- Protecting Right of Transferability. AB 1349 prevents primary ticketing platforms and venue conglomerates from invalidating or revoking a ticket solely because it was lawfully transferred or resold. Consumers must have the right to give away or sell property they have legally purchased without fear of arbitrary cancellation, and this section preserves a competitive, open secondary marketplace.
- Cracking Down on Aggressive Bot Infrastructure. Small business operators, local brokers, and everyday fans are routinely shut out of initial on-sales by high-speed, automated software. AB 1349 bans the use of ticket-buying bots, IP-address manipulation, and queue-circumvention software, ensuring a more level playing field for human buyers.
- Eliminating White-Label Deception and “URL Mimicry.” Speculative resellers frequently deploy deceptive websites, domain names, and logos that mimic official venues or primary sellers to trick consumers into paying astronomical markups. This bill rightly categorizes these misleading tactics as unlawful business practices under California’s False Advertising and Unfair Competition Laws.
6. Arguments in opposition
Opposition letters were submitted before the author agreed to amend the bill, so these letters may not reflect the positions of the stakeholders with respect to the bill as the author agreed to amend it in the Senate Privacy, Digital Technologies, and Consumer Protection Committee.
According to the Consumer Federation of California:
CFC has been fighting for consumers in the live entertainment and ticketing space for a number of years. Mostly, this consists of taking on the Live Nation/Ticketmaster monopoly and the other forces that claim to be independent but ultimately reinforce and enhance the market power and control of the Live Nation/Ticketmaster monopoly. We have taken on junk and hidden fees on consumers (currently less hidden than they used to be, but definitely still junk far too often). CFC has also fought against repressive terms and conditions that consumers must agree to (lest they get shut out of a concert or sporting event they wish to attend) and has attempted to regularly speak truth to monopoly power. We have also made it very clear that the single biggest problem in the live entertainment and ticketing industry is largely unfettered monopoly power and its myriad of negative impacts on consumers.
We are far from alone in calling out monopoly power in the live entertainment and ticketing industry. In May of 2024 the federal Department of Justice, along with 29 other states and the District of Columbia (now up to 39 states plus DC), sued Live Nation/Ticketmaster for violation of various aspects of federal antitrust law, the Sherman Act. California, led by California’s Attorney General Bonta, was and is a part of that lawsuit. In doing so AG Bonta stated that Live Nation/Ticketmaster was engaging in allegedly, “unlawful conduct that has hampered competition in the ticketing and promotions of live music concerts”. This lawsuit, deeply contested by Live Nation/Ticketmaster, remains active.
SUPPORT
Music Artists Coalition (sponsor)
BottleRock
Coalition for Ticket Fairness
Live Nation Entertainment, Inc.
OPPOSITION
Consumer Federation of California
National Baptist Convention
SeatGeek
Sports Fan Coalition
StubHub
Ticket Policy Forum
TickPick
Valley Industry and Commerce Association
One individual
RELATED LEGISLATION
Pending legislation: AB 1720 (Haney, 2026) establishes a 10 percent cap on the amount above the original purchase price for live entertainment tickets occurring at independent venues that resellers can charge in the secondary ticket market. AB 1720 is pending before this Committee and is set to be heard on the same date as this bill.
Prior legislation:
AB 1291 (Lee, 2025) would have required a ticket seller to immediately provide proof of purchase to a consumer and required a venue operator to honor that proof of purchase in lieu of a ticket, as specified. AB 1291 was held in the Assembly Appropriations Committee.
SB 785 (Caballero, 2024) would have prohibited the advertisement, sale, or contract for a ticket if a ticket seller did not own, possess, have constructive possession, or have the contractual right to sell a ticket and prohibited ticket sellers or ticket resale marketplaces from using an internet website with the intent to mislead. SB 785 died on the Assembly Inactive File.
PRIOR VOTES
Senate Privacy, Digital Technologies, and Consumer Protection Committee (Ayes 7, Noes 0)
Senate Business, Professions and Economic Development Committee (Ayes 7, Noes 0)
Assembly Floor (Ayes 66, Noes 0)
Assembly Appropriations Committee (Ayes 11, Noes 1)
Assembly Judiciary Committee (Ayes 10, Noes 0)
Assembly Privacy and Consumer Protection Committee (Ayes 11, Noes 1)
Assembly Arts, Entertainment, Sports, and Tourism Committee (Ayes 7, Noes 0)
**************
NITO Ticket Study (2023) National Independent Talent Organization, https://nitolive.org/wp-content/uploads/2024/10/NITO-Ticket-Resale-Study.pdf. All internet citations are current as of June 23, 2026. ↑
See 15 U.S.C. § 45c; Bus. & Prof. Code, div. 8, ch. 21, §§ 22500 et seq. ↑
See Joint Press Release Issued By Live Nation, Inc./Ticketmaster Entertainment, Inc., available at https://www.sec.gov/Archives/edgar/data/1335258/000119312510012287/dex991.htm. ↑
Lorsch, Why Live Nation and Ticketmastaer dominate the live entertainment industry (Jan. 25, 2023) CNBC, https://www.cnbc.com/2023/01/25/the-live-nation-and-ticketmaster-monopoly-of-live-entertainment.html. ↑
Ibid. ↑
See United States, et al. v. Live Nation Entertainment, Inc. et al. (S.D.N.Y.) Amended Complaint, Dkt. No. 257, available at https://www.justice.gov/atr/media/1370191/dl. ↑
See United States, et al. v. Live Nation Entertainment, Inc. et al. (S.D.N.Y.) Notice of Settlement, Dkt. No. 1171, available at https://www.justice.gov/atr/media/1443801/dl. ↑
Atkins, Trump spoke with Live Nation’s Head before DOJ reached surprise antitrust settlement (June 25, 2026) NBC News, https://www.nbcnews.com/news/us-news/trump-spoke-live-nation-ceo-doj-antitrust-settlement-rcna351766. ↑
Sarmiento, Jury finds that Live Nation acted as a monopoly and overcharged ticket buyers (Apr. 15, 2026) NPR, https://www.npr.org/2026/04/15/nx-s1-5786715/live-nation-ticketmaster-antitrust-verdict-monopoly. ↑
California Department of Justice, Press Release: Attorney General Bonta Asks Court to Break Up Live Nation/Ticketmaster (May 21, 2026) https://oag.ca.gov/news/press-releases/attorney-general-bonta-asks-court-break-live-nationticketmaster. ↑
SENATE PRIVACY, DIGITAL TECHNOLOGIES, AND CONSUMER PROTECTION COMMITTEE
Senator Christopher Cabaldon, Chair
2025-2026 Regular Session
Bill No: AB 1349 (Author:Bryan)
Version: May 5, 2025
Hearing Date: June 29, 2026
Fiscal: Yes
Urgency: No
Consultant: BD
SUBJECT
Consumer protection: ticket sellers
DIGEST
This bill prohibits speculative ticketing and makes various enhancements to address harmful ticketing practices, including white-labeling and the use of bots.
EXECUTIVE SUMMARY
As explained by journalist Andy Cush, “[the] tension between Ticketmaster and secondary sellers is like a King Kong vs. Godzilla scenario: [just] because the two monsters are fighting doesn’t mean one of them is the good guy.” This analogy has appeared in numerous Committee analyses and not without cause. The ticketing industry is primarily split between the primary and secondary markets. Each has flaws and nefarious practices that culminate in poor consumer experiences. One of these practices, speculative ticketing, is the act of an individual or entity selling a ticket that they do not own, possess, or have any rights to. Speculative ticketing is exacerbated by the fact that, oftentimes, a consumer is wholly unaware that the ticket they are buying is speculative. In the worst-case scenario, the speculative ticket seller may not be able to secure a ticket, leaving a consumer hanging out to dry.
Acknowledging the predatory practice of speculative ticketing, this bill seeks to outlaw the sale of speculative tickets. The bill prohibits ticket sellers from selling a ticket that they do not have actual or constructive possession of. This bill also takes aim at other predatory practices in ticket markets by providing updates to existing law regarding the use of bots and white labeling. It also recasts several definitions to allow for targeted regulation and additional certainty. Lastly, the bill adds various transferability requirements surrounding the transfer or resale of tickets by specialized ticket program holders. This bill is sponsored by the National Independent Venue Association and the Music Artist Coalition. It is supported by numerous venues and artist advocacy groups. The bill is opposed by a wide range of consumer groups, industry groups, and secondary market platforms. This bill passed out of the Senate Business, Professions, and Economic Development Committee on a vote of 7 to 0. It will next be heard by the Senate Judiciary Committee.[1]
PROPOSED CHANGES TO THE LAW
Existing law:
- Establishes the Better Online Ticket Sales (BOTS) Act, which prohibits the use of automated bots to circumvent ticket purchase limits set by ticket sellers. (15 U.S.C. § 45c.)
- Prohibits selling or offering to sell an event ticket obtained using an automated bot if the seller participated in, had the ability to control, or should have known about the violation. (15 U.S.C. § 45c.)
- Prohibits any person who does not have the written permission of the owner or operator of the property on which an entertainment event is to be held or is being held, from selling tickets to the entertainment event, which were obtained for the purpose of resale, at any price which is in excess of the price that is printed or endorsed upon the ticket, while on the grounds of or in the stadium, arena, theater, or other place where an event for which admission tickets are sold is to be held or is being held. A violation of this law constitutes a misdemeanor. (Pen. Code § 346.)
- Declares it unlawful for a person to intentionally use or sell software or services to circumvent a security measure, access control system, or other control or measure (including limits on the number of tickets a person can purchase) that is used to ensure an equitable ticket buying process for event attendees. (Bus. & Prof. Code § 22502.5.)
- Defines a “ticket seller” as any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event. (Bus. & Prof. Code § 22503.)
- Clarifies that the following are not ticket sellers for purposes of existing law:
- An officially appointed agent of an air carrier, ocean carrier, or motor coach carrier who purchases or sells tickets in conjunction with a tour package.
- Any person who sells six tickets or less to any one single event, provided the tickets are sold off the event premises, including, but not limited to, designated parking areas and points of entry to the event.
- The person or organization responsible for the event for which tickets are being sold, or a seller of tickets operating under a written contract with this person or organization.
- Any nonprofit charitable tax-exempt organization selling tickets to an event sponsored by the organization. (Bus. & Prof. Code §§ 22503.5, 22503.6, 22504, 22511.)
- Requires a ticket seller to have a permanent business address from which tickets may only be sold and that the address be included in any advertisement or solicitation. Makes a violation of this requirement a misdemeanor punishable by imprisonment or a fine not exceeding $2,500 or by both and provides for civil penalties of up to $2,500 for violations. (Bus. & Prof. Code § 22500.)
- Requires ticket sellers:
- Maintain records of ticket sales, deposits, and refunds. (Bus. & Prof. Code § 22501.)
- Prior to sale, disclose to the purchaser by means of description or a map the location of the seat or seats represented by the ticket or tickets. (Bus. & Prof. Code § 22502.)
- Make any partial or full deposit refundable if received on a future event for which tickets are not available, except for a service charge of not more than 10 percent, until such time as tickets for the event are actually available. (Bus. & Prof. Code § 22506.)
- Provide a refund within 30 days for the ticket price of an event that is canceled. (Bus. & Prof. Code § 22507(a).)
- Provide a refund, upon request, within 30 days, for the ticket price of an event which is postponed, rescheduled, or replaced with another event at the same date and time. (Bus. & Prof. Code § 22507(b).)
- Provide that a local jurisdiction may require a bond of not more than $50,000 to cover required refunds. (Bus. & Prof. Code § 22507(d).)
- Disclose that a service charge is imposed by the ticket seller and is added to the actual ticket price by the seller in any advertisement or promotion for any event by the ticket seller. (Bus. & Prof. Code § 22508.)
- Prohibits a ticket seller from contracting to sell or accepting payment for tickets unless the ticket seller:
- Has lawful possession of the ticket;
- Has a contractual right to obtain the ticket; or
- Informs the purchaser, in a specified manner, that it does not have possession of the ticket, has no contract to obtain the offered ticket, and may not be able to supply the ticket at the contracted price. (Bus. & Prof. Code § 22502.1.)
- Deems a violation of the chapter of the Business and Professions Code containing the provisions related to ticket sellers to be a misdemeanor. (Bus. & Prof. Code § 22505.)
This bill:
- Defines the following terms:
- “Consumer” means a natural person who purchases a ticket with the reasonable expectation of attending an event.
- “Original seller” means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
- “Ticket resale marketplace” means an entity that, for compensation, commission, or otherwise, operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates the resale of admission tickets for a sporting, musical, theater, or other entertainment event between third parties, and includes an original seller to the extent that the original seller operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates resale.
- "Ticket reseller" means a person or entity, other than a consumer or season ticket holder, who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells admission tickets to a sporting, musical, theater, or other entertainment event on the secondary market.
- "Ticket seller" means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells an admission ticket to a sporting, musical, theater, or other entertainment event.
- “Speculative ticket sale” means the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale of a ticket by a person who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale, does not have either:
- Actual or constructive possession of the ticket. possession means that the person has fully paid for the ticket, holds a legally enforceable right to receive delivery of the ticket, and has received confirmation of purchase or assignment.
- Authorization by the event presenter or venue operator to sell the ticket.
- Prohibits a ticket resale marketplace from knowingly processing payment, collecting a fee, or facilitating the completion of a speculative ticket sale.
- Requires a ticket resale marketplace to implement reasonable measures designed to prevent speculative ticket sales on its platform.
- Eliminates the exemption in current law that allows a ticket seller to market, advertise, or sell a ticket if they inform the purchaser orally at the time of contract or receipt of consideration, and within two business days, that the seller does not have possession of the ticket, a contract to obtain the ticket, and may not be able to obtain the ticket.
- Prohibits an event presenter, venue operator, rights holder, original seller, or ticket seller shall not revoke, cancel, invalidate, deny admission, or render unusable a ticket based solely upon the lawful transfer or resale of that ticket, except as otherwise required by law or reasonably necessary to address fraud, theft, unauthorized account access, violations of this chapter, or the administration of season ticket membership, premium seat license, fan club membership, loyalty program, or similar ticketing program.
- Provides that nothing in the provision in 5) prohibits reasonable measures to prevent fraud, enforce ticket purchasing limits, investigate violations of law, protect the security of ticketing systems and consumer accounts, or administer season ticket memberships, premium seat licenses, fan club memberships, loyalty programs, or other similar ticketing programs.
- Provides that the above provisions in 5) and 6) shall not be construed to require an event presenter, venue operator, rights holder, original seller, or ticket seller to offer, renew, extend, transfer, or assign any season ticket membership, premium seat license, fan club membership, loyalty program benefit, or similar contractual right.
- Prohibits a person from knowingly using, causing to be used, or selling software or services to do any of the following:
- Purchasing tickets in excess of posted limits for an online event ticket sale.
- Circumventing or evading an electronic queue, waiting period, presale restriction, presale code, ticket purchasing limit, account limitation, or other ticket distribution control established and disclosed by the event presenter, rights holder, ticket seller, or venue operator.
- Circumventing or disabling a security measure, access control system, or other control or measure used to facilitate authorized ticket sales or authorized entry into an event.
- Utilizing multiple Internet Protocol addresses, multiple accounts, multiple email addresses, or other technological means to purchase tickets in excess of posted limits or evade ticket purchasing restrictions.
- Using software, services, automated means, or other technological methods to automate, coordinate, facilitate, or otherwise enable conduct prohibited by this section.
- Prohibits a person, ticket seller, original seller, ticket reseller, ticket resale marketplace, or other person acting in connection with the sale or resale of tickets to advertise, market, or offer tickets for sale in a manner that is likely to mislead a reasonable consumer regarding the source, sponsorship, authorization, availability, price, or nature of the ticket being offered.
- Prohibits a person from using an internet website, internet address, domain name, trade name, trademark, service mark, logo, design text, image, or other identifying characteristic, or any combination thereof, that is substantially similar to that of an event presenter, venue operator, rights holder, original seller, or authorized agent, if displayed with an intent to confuse or deceive consumers. Provides that a violation of this provision constitutes false or misleading advertising.
- Prohibits a person from representing or implying that:
- A ticket is available from an authorized source when it is actually offered through resale.
- A live entertainment event is sold out when tickets remain available from the original or authorized seller.
- A consumer is purchasing a ticket from an event presenter, venue operator, rights holder, original seller, or authorized agent when the consumer is purchasing from a reseller or resale marketplace.
- A ticket listing reflects a specific seat, section, row, or location if the seller does not have a reasonable basis to make that representation.
- Provides that a violation of the above provisions in 2), 3), 4), 9), 10), and 11) constitutes an unlawful business practice.
COMMENTS
- Welcome to ticket land
The digital age has had profound impacts on many industries and aspects of life; this includes the ticketing world. Long gone are the days of camping out overnight to secure a ticket to see one’s favorite artist, sports team, or performer. Nowadays, the battle at the box office begins online, and warfare can continue far after a ticket is initially sold. This is largely due to the current dynamics and methodology of ticket buying, which can be split into two categories: the primary market and secondary market.
Whenever someone purchases a ticket directly from a venue, event organizer, or their online ticket platform, they are buying from the primary market. These types of ticket sellers are generally referred to as original sellers. Many venues elect to use a third party to facilitate their online ticket sales. The prices of the primary market heavily impact availability and the prices on the secondary market, but generally, the primary market may sell tickets below market value. This is done to ensure a full show and to maximize venue and event expenses, such as merchandise, food, and drink.
The secondary market refers to ticket resellers. Platforms like StubHub, SeatGeek, TickPick, Vivid Seats, and others are all marketplaces that facilitate transactions between a potential consumer and a ticket reseller, who initially purchased the ticket from the primary market. Resellers, who are generally not associated with these platforms, use the secondary marketplace to secure valid, authentic transactions between themselves and consumers. They also provide consumers who, for various reasons, may no longer be able to attend the event with a way to recoup some of their money.
Further complicating this landscape is the fact that there can be overlap between the primary and secondary markets. For instance, Ticketmaster, which facilitates primary market sales, also has a resale platform.
Tickets listed on the secondary market can often be much more expensive than those on the primary market. Tickets sold out on the primary market are often subject to even higher markups. In 2023, the National Independent Talent Organization conducted a study on ticket resales and found that buyers were charged an average markup of 203% of the ticket’s face value on the secondary market. Similarly, the average face value price of a ticket was $67.47, while the average resale cost was $129.22.[2]
Due to these resale opportunities, there exists an entire world of professional ticket brokers who purchase tickets from the primary market with the express intent of reselling them on the secondary market. Inherently, ticket brokers have a competitive edge over the average consumer:
Brokers whose business is to purchase and resell tickets have a competitive advantage over individual consumers because they have the technology and resources to purchase large numbers of tickets as soon as they go on sale. Some consumer advocates, state officials, and event organizers believe that brokers unfairly use this advantage to obtain tickets from the primary market, which restricts ordinary consumers from buying tickets at face value. As a result, consumers may pay higher prices than they would if tickets were available on the primary market. In addition, some event organizers and primary ticket sellers have expressed frustration that the profits from the higher resale price accrue to brokers who have not played a role in creating or producing the event.[3]
2. ‘Cause I’ve got a golden ticket… just not yet
One of the practices employed by opportunistic resellers is known as speculative ticketing. Speculative ticketing is when a seller offers a ticket on the secondary market before they even possess the ticket itself. The process works as follows:
The way speculative ticketing works is that sellers list tickets on secondary platforms such as StubHub, SeatGeek, and Vivid Seats that they don't actually have in their possession. In fact, speculative tickets can wind up listed online before any real tickets are even on sale. Most of the time, the rope-a-dope goes unnoticed by buyers because the seller eventually gets tickets and hands them over, even if they're not the exact ones advertised. The seller makes money off the price differential at which they got the tickets, taking advantage of the fact that ticket prices often drop in the days leading up to an event. Other times, however, unsuspecting buyers find out at the last minute that the tickets they thought they'd secured weeks or months before aren't going to come through. Sure, they get a refund, but they've missed out on other opportunities to gain entry to an event. And if fans have traveled to see a show or game, the thousands of dollars spent on flights, hotels, etc., aren't coming back.[4]
As alluded to in the above statement, these sellers will often sell speculative tickets before tickets are even available to the general public. This is exacerbated by the fact that it is challenging for consumers to tell if the ticket they purchased is speculative.
3. Bots, bots, baby
In addition to speculative tickets, another practice employed by scalpers is the use of software programs to acquire a large volume of tickets in an automated fashion. This is commonly known as the use of bots. Bots are not exclusive to ticket buying, as they are simply a technology. However, their prevalence online is staggering. In 2024, bots accounted for nearly 50 percent of all global internet traffic, with “bad bots” making up a third of that traffic.[5] In the context of ticketing, bots are deployed in the following manner:
When tickets first go on sale, bots can complete multiple simultaneous searches of the primary ticket seller’s website and reserve or purchase hundreds of tickets, according to the 2016 report by the New York State Office of the Attorney General. Seats reserved by a bot—even if ultimately not purchased— appear online to a consumer as unavailable. This, in turn, can make inventory appear artificially low during the first minutes of the sale and lead consumers to the secondary market to seek available seats, according to event organizers we interviewed. Bots can also automate the ticket-buying process, as well as identify when additional tickets are released and available for purchase. During its investigation of the ticketing industry, the New York State Office of the Attorney General identified an instance in which a bot bought more than 1,000 tickets to a single event in 1 minute.[6]
As alluded to, bots can exacerbate the issue of ticket availability. For instance, in the context of Taylor Swift’s Eras Tour:
Ticketmaster, the platform responsible for selling most of the Swift tour tickets, blamed the massive bot attack for crashing its website when the Eras Tour ticket presale launched on Nov. 15, 2022. The site received 3.5 billion requests that day, which caused the company to temporarily suspend sales and made it harder for fans to acquire face-value tickets.
Countless fans who had registered to receive presale codes struggled to buy tickets. Almost immediately, Swift tickets popped up on the secondary market. Some Taylor Swift fans paid as much as 70 times the original selling price for seats; many were unable to get tickets at all.[7]
4. White labeling
Consistent with the technological advances in bots, another nefarious practice used in the ticketing world is white labeling. White labeling is the creation of a fake website designed to look like an official venue’s website to mislead consumers into purchasing tickets from ticket resellers rather than the primary market.[8] These websites will often attempt to mimic a venue or primary market’s website by designing similar interfaces or even using similar URLs. The website design can be quite comprehensive, putting forth a convincing performance to consumers. As provided by The Center for Investigative Reporting:
All of the above websites are, in fact, resale websites.[9] While some include fine print specifying such, it is not readily apparent to the average consumer and is arguably easy to overlook.
5. Existing protections and the legal landscape
The use of bots in ticketing has been such a nefarious process that the federal government passed a law in 2016 to stop people from employing this scheme, the Better Online Ticket Sales Act (BOTS Act). The BOTS Act prohibits the circumvention of a security measure, access control system, or other technological control measure used online by a ticket issuer. The Act also prohibits selling or offering to sell an event ticket obtained through such a circumvention violation if the seller participated in, had the ability to control, or should have known about the violation. The Act applies to event tickets for public concerts, theater performances, sporting events, and similar activities at venues with a seating capacity of over 200.
The FTC enforced the act against three New Yorkers that collectively made over $26 million in revenue over the matter of a few years:
The defendants pulled off the scheme by using bots on the Ticketmaster website. The programs—which went by the names Automatick, Tixman and Tixdrop—were capable of repeatedly searching web pages for available tickets and then automatically reserving them.
In addition, the defendants used hundreds of credit cards belonging to fake people, and routed their internet activity to the Ticketmaster page through spoofed IP addresses. “In many instances, Defendants also did not use their address as the primary address, shipping address, or billing address for their Ticketmaster accounts. Instead, they used over 550 addresses that were either fake or unrelated to their business,” the FTC alleged in a court complaint.[10]
However, the BOTS Act lacks a consumer enforcement mechanism and has historically not been enforced. In fact, this FTC enforcement action in early 2021 was the first time the FTC brought such an action. Nevertheless, perhaps spurred by the exorbitant prices of Taylor Swift concerts, in 2025, the President passed an executive order calling for more comprehensive enforcement of the BOTS Act.
Additionally, California law prohibits a person from intentionally using or selling software to circumvent a security measure, access control system, or other control or measure on a ticket seller’s website that is used to ensure an equitable ticket-buying process. However, this measure was passed in 2013 and briefly updated in 2019, leaving many stakeholders to consider whether this law requires an update.
While there are certainly predatory practices on the secondary market, that does not mean the primary market is a bastion of tolerance. The primary market is dominated by Live Nation, which owns Ticketmaster, the main primary ticket vendor. In 2024, the United States Department of Justice joined multiple state and district attorneys to file an antitrust lawsuit against Live Nation. As explained by the initial filing:
Live Nation directly manages more than 400 musical artists and, in total, controls around 60% of concert promotions at major concert venues across the country. Live Nation also owns or controls more than 265 concert venues in North America, including more than 60 of the top 100 amphitheaters in the United States. For comparison, its closest rival owns no more than a handful of top amphitheaters. And, of course, through Ticketmaster, Live Nation controls roughly 80% or more of major concert venues’ primary ticketing for concerts and a growing share of ticket resales in the secondary market.[11]
Among other anticompetitive conduct, the complaint accused Live Nation of retaliation, acquiring competitors, locking out competition, and restricting artist access to venues.[12] In early 2026, the United States Department of Justice announced a settlement agreement, which, among other items, placed limits on long-term exclusivity contracts, required a 50-50 split on exclusivity agreements, and required partial divestment. However, this settlement was rejected by numerous state attorneys general out of concern that the settlement was too lenient and did not break up Live Nation’s monopoly. The remaining attorneys general proceeded with the antitrust suit, leading to a jury finding Live Nation liable for harming consumers through anticompetitive conduct. Following this verdict, various remedies have been sought. As explained by a press release for California Attorney General Rob Bonta:
“A jury found Live Nation manipulated the market, hurt artists, fans, and businesses nationwide, all while getting richer — not because it is better, but because it acted illegally. Now, it’s time to ensure they can’t hurt consumers or the live ticketing industry again,” said Attorney General Bonta. “Today, alongside a bipartisan coalition, I asked the court to break up Live Nation and Ticketmaster. It is vital that we secure strong structural remedies that prevent Live Nation’s anticompetitive conduct from continuing. As evidence in our trial clearly showed, we cannot trust this behemoth of a company to do the right thing by consumers.”[13]
Currently, the public is waiting to see what the exact remedies from this verdict will be.
6. What this bill does
In recognition of certain predatory practices, this bill seeks to outlaw speculative ticketing. It prohibits ticket resellers from engaging in speculative ticketing and prohibits ticket resale marketplaces from facilitating speculative ticket sales. The bill also makes a number of definitional changes to existing law.
In addition to the prohibition of speculative ticketing, this bill provides enhancements to California’s prohibition on the use of software and services to circumvent restrictions by further specifying prohibited conduct. The bill also seeks to address white labeling by specifically prohibiting deceptive conduct by all parties involved in the ticketing world. The bill provides that violations related to speculative ticketing and white labeling constitute an unfair business practice under the Unfair Competition Law, with white labeling violations also being false or misleading advertising.
Lastly, this bill prohibits various ticketing programs from invalidating, revoking, canceling, or otherwise rendering usable a ticket based solely on the lawful transfer or resale of that ticket. The bill provides that nothing in this prohibition prohibits reasonable measures to prevent fraud, enforce ticket limits, investigate violations of law, protect security, or administer various ticketing programs.
According to the author:
Secondary market resellers frequently deceive fans by listing and selling tickets to events that do not currently exist, or that they do not have a license to sell. This process is known as speculative ticketing. Fans buy these tickets, often for a predatory mark up. This practice is inherently anti-consumer and directly counter to the wishes of creatives and artists who seek to provide their fan base with a world-class show at an affordable price.
AB 1349 will prohibit speculative ticketing by requiring ticket sellers to own, possess, or have the contractual right to sell tickets before listing them. This will protect the integrity of the ticket buying process for consumers, and ensure that the hard work of artists and creatives is not unjustly used to gouge their core fan base.
7. Stakeholder positions
A large coalition of artists, venues, and talent organizations, including the Future of Music Coalition and National Independent Talent Organization, writes in support:
We write to voice our collective and vigorous support for AB 1349 (Bryan). Artists pour everything into creating live experiences that mean something to fans, in venues that are the heartbeat of their communities. They deserve a ticketing marketplace that is honest and fair. AB 1349 is an important step toward that goal, protecting artists, fans, small businesses, and nonprofits from some of the most deceptive and predatory practices in ticketing today. We are especially strong in our support for the bill's ban on speculative ticket sales.
Speculative ticketing lets resellers list and sell tickets they do not actually have. The result is inflated prices, exposure to fraud, and broken trust between artists and the fans who want to see them. AB 1349's requirement that a seller must own, possess, or hold contractual rights to a ticket before listing it is essential to restoring integrity to the marketplace. Ticketing should never operate like a futures market, where access to a show is hedged and traded like a commodity before a single real ticket exists.
The bill's provisions on deceptive marketing matter just as much. Too often, fans are lured by websites built to look like official box offices and pushed into paying inflated prices for tickets that may still be available at face value through legitimate channels. Stopping that deception protects consumers and the artists whose names are being used to mislead them.
Simply put, we support AB 1349 because fans are best served when artists and venues are in control of the live experience, not industrial resellers who extract value without adding any. We look forward to working with the Legislature to build on this progress and to keep California the national leader in protecting the cultural and economic life of live music.
The Valley Industry and Commerce Association (VICA) writes in opposition:
Rather than increasing transparency and competition, AB 1349 would consolidate market power in dominant, vertically integrated ticketing companies that already control primary sales, venue relationships, and many resale channels. The bill prohibits listings by original sellers and resellers unless they have “actual or constructive possession” of tickets or a contractual right from the presenter, restricts resale before tickets are made available to the public, and requires detailed seat and face‑value disclosures that are far easier for primary platforms with automated access to original‑sale data to meet. These provisions would make it harder for competing marketplaces and smaller businesses to operate, reducing consumer choice and reinforcing existing market concentration.
SUPPORT
National Independent Venue Association of California (NIVA-CA) (Co-sponsor)
Music Artists Coalition (MAC) (Co-Sponsor)
American Association of Independent Music
American Federation of Musicians
Artist Rights Alliance
Black Music Action Coalition
Bottlerock
California Arts Advocates
Coalition for Ticket Fairness
Fan Alliance
Folk Alliance International
Future of Music Coalition
Live Nation Entertainment, INC.
Music Managers Forum - US
National Independent Talent Organization
National Independent Venue Association of California (NIVA-CA)
Recording Academy
Recording Industry Association of America
SAG-AFTRA
Songwriters of North America
Venue Pilot
OPPOSITION
Consumer Federation of California
National Baptist Convention Usa, INC
Seatgeek, INC.
Sports Fans Coalition
Stubhub, INC.
Ticket Policy Forum
Tickpick, LLC
Valley Industry and Commerce Association (VICA)
RELATED LEGISLATION
AB 1720 (Haney, 2026) establishes a 10 percent cap on the amount above the original purchase price for live entertainment tickets occurring at independent venues that resellers can charge in the secondary ticket market. AB 1720 is set to be heard in this Committee the same day as this bill.
AB 1291 (Lee, 2025) would have required a ticket seller to immediately provide proof of purchase to a consumer and required a venue operator to honor that proof of purchase in lieu of a ticket, as specified. AB 1291 was held in the Assembly Appropriations Committee.
SB 785 (Caballero, 2024) would have prohibited the advertisement, sale, or contract for a ticket if a ticket seller did not own, possess, have constructive possession, or have the contractual right to sell a ticket and prohibited ticket sellers or ticket resale marketplaces from using an internet website with the intent to mislead. SB 785 died on the Assembly Inactive File.
AB 2808 (Wicks, 2024) would have prohibited a contract between a primary ticket seller and a venue operator from providing for the primary ticket reseller to be the exclusive ticket seller of an event and prohibited a contract between the two from being longer than three years. AB 2808 was held in the Assembly Appropriations Committee.
AB 8 (Friedman, 2023) would have required all-in ticket pricing and transparency on the fees and would have required ticket sellers to allow for the transferability of tickets.
SB 478 (Dodd, Ch. 378, Stats. 2023) made it an unlawful business practice pursuant to the Consumer Legal Remedies Act to advertise, display, or offer a price for a good or service that does not include all mandatory fees or charges other than taxes imposed by a government.
SB 829 (Wilk, 2023) would have prohibited the operator of an entertainment facility and a primary ticket seller from entering into a contract that provides for the primary ticket seller to be the exclusive ticket seller for the operator of the entertainment facility. SB 829 died in the Assembly Arts, Entertainment, Sports, and Tourism Committee.
AB 1556 (Friedman, Ch. 180, Stats. 2021) required for cancelled events, that a refund be made within 30 calendar days of the cancellation; and requires a ticket price at any event which is postponed, rescheduled, or replaced with another event at the same date and time be fully refunded to the purchaser by the ticket seller upon request within 30 calendar days of the refund request.
SB 342 (Hertzberg, Ch. 162, Stats. 2020) made it unlawful to register, traffic in, or use the name of a professional sports team or the names of professional sports leagues, among others, in a domain or subdomain name of a website to sell tickets in a fraudulent, deceptive, or misleading manner. It provided a private right of action to a person who suffers an economic injury as a result of such misconduct.
AB 329 (Pan, Ch. 325, Stats. 2013) made it a misdemeanor to intentionally use or sell software to circumvent a security measure, access control system, or other control or measure on a ticket seller’s website that is used to ensure an equitable ticket buying process.
PRIOR VOTES:
Assembly Floor (Ayes 66, Noes 0)
Assembly Appropriations Committee (Ayes 11, Noes 1)
Assembly Judiciary Committee (Ayes 10, Noes 0)
Assembly Privacy and Consumer Protection Committee (Ayes 11, Noes 1)
Assembly Arts, Entertainment, Sports, and Tourism Committee (Ayes 7, Noes 0)
**************
Amendments were agreed to by the author in the Senate Business, Professions, and Economic Development Committee. Those official amendments will go into print on June 26, 2026. This analysis is of the bill with those amendments. ↑
NITO Ticket Study (2023) National Independent Talent Organization, https://nitolive.org/wp-content/uploads/2024/10/NITO-Ticket-Resale-Study.pdf. All internet citations are current as of June 23, 2026. ↑
Event Ticket Sales: Market Characteristics and Consumer Protection Issues (April 2018) United States Government Accountability Office. https://www.gao.gov/assets/gao-18-347.pdf. ↑
Emily Stewart, The ‘ghost tickets’ flooding StubHub and SeatGeek (September 18, 2025) Business Insider, https://www.businessinsider.com/world-cup-ghost-tickets-speculative-fake-scalpers-stubhub-seatgeek-ticketmaster-2025-9. ↑
Emma Woollacott, Yes, The Bots Really Are Taking Over the Internet (April 16, 2024) Forbes, https://www.forbes.com/sites/emmawoollacott/2024/04/16/yes-the-bots-really-are-taking-over-the-internet/. ↑
Event Ticket Sales: Market Characteristics and Consumer Protection Issues (April 2018) United States Government Accountability Office. https://www.gao.gov/assets/gao-18-347.pdf. ↑
Ash-har Quraishi et al., Frustrated Taylor Swift fans battle ticket bots and Ticketmaster (February 9, 2024) CBS News, https://www.cbsnews.com/news/taylor-swift-fans-battle-ticket-bots-and-ticketmaster/. ↑
Byard Duncan, Planning to buy tickets to a live event? Read this first. (June 21, 2021), The Center for Investigative Reporting, https://revealnews.org/article/planning-to-buy-tickets-to-a-live-event-read-this-first/. ↑
Ibid. ↑
Michael Kan, 3 Scalpers Fined for Using Bots to Scoop Up Tickets on Ticketmaster (Jan. 22, 2021) PCMag, https://www.pcmag.com/news/3-scalpers-fined-for-using-bots-to-scoop-up-tickets-on-ticketmaster. ↑
https://oag.ca.gov/system/files/attachments/press-docs/File%20stamp%20LNE%20Complaint.pdf. ↑
Ibid. ↑
Attorney General Bonta Asks Court to Break Up Live Nation/Ticketmaster (May 21, 2026) Office of Attorney General, https://oag.ca.gov/news/press-releases/attorney-general-bonta-asks-court-break-live-nationticketmaster. ↑
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Dr. Aisha Wahab, Chair
2025 - 2026 Regular
Bill No: Hearing Date: June 22, 2026
Author: | |||
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Urgency: | Fiscal: | ||
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Subject:
SUMMARY:
Updates California laws governing ticket sales and resale by establishing new categories of marketplace participants, imposing new requirements on certain entities involved in ticket sales and resale transactions, and expanding remedies and penalties for violations of the chapter. Prohibits certain ticket sellers and resale marketplaces from advertising, offering for sale, or accepting payment for tickets before the tickets are made available by the event presenter unless authorized to do so. Establishes new requirements relating to ticket disclosures, resale marketplaces, and ticket transferability, and restricts the use of names, logos, trademarks, internet domains, and other identifying characteristics in a manner that may mislead consumers regarding affiliation with an event presenter or authorized ticket seller.
NOTE: This bill is triple-referred to the Senate Committee on Privacy, Digital Technologies, and Consumer Protection second and Senate Committee on Judiciary third.
Existing law:
- Defines a ticket seller as any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event. Clarifies that the following are not a ticket seller subject to various requirements:
- An officially appointed agent of an air carrier, ocean carrier or motor coach carrier who purchases or sells tickets in conjunction with a tour package accomplished through the primary event promoter or his or her agent by written agreement.
- Any person who sells six tickets or less to any one single event, provided the tickets are sold off the premises where the event is to take place, including, but not limited to, designated parking areas and points of entry to the event.
- Any primary contractor (defines as the person or organization responsible for the event for which tickets are being sold) or seller of tickets for the primary contractor operating under a written contract with the primary contractor.
- Any nonprofit charitable tax-exempt organization selling tickets to an event sponsored by the organization. (Business and Professions Code (BPC) §§ 22503.6, 225034, 22511)
- Establishes various requirements for ticket sellers, a violation of which constitutes a misdemeanor, including that they:
- Have a permanent business address from which tickets may only be sold and that the address be included in any advertisement or solicitation, a violation of which constitutes a misdemeanor punishable by imprisonment or a fine not exceeding $2,500 or by both. Provides that a person who engages, has engaged, or proposes to engage in a violation of this specific requirement is liable for a civil penalty not to exceed $2,500 for each violation.
- Maintain records of ticket sales, deposits, and refunds.
- Prior to sale, disclose to the purchaser by means of description or a map the location of the seat or seats represented by the ticket or tickets.
- Make any partial or full deposit received on a future event for which tickets are not available refundable, except for a service charge of not more than 10 percent until tickets for the event are actually available.
- Disclose that a service charge is imposed by the ticket seller and is added to the actual ticket price by the seller in any advertisement or promotion for any event by the ticket seller.
- Provide a refund within 30 days for the ticket price of an event which is canceled.
- Provide a refund, upon request, within 30 days, for the ticket price of an event which is postponed, rescheduled, or replaced with another event at the same date and time
- Provide a bond of not more $50,000 to provide for any refunds in a local jurisdiction that requires this.
- Disclose in any advertisement or promotion for any event that a service charge is imposed and added to the actual ticket price. (Business and Professions Code §§ 22500 – 22511)
- Prohibits a ticket seller from contracting to sell or accepting payment for tickets unless the ticket seller has lawful possession of the ticket; has a contractual right to obtain the ticket; or informs the purchaser the seller does not have possession of the tickets, has no contract to obtain the offered ticket, and may not be able to supply the ticket at the contracted price, as specified. Authorizes a ticket seller to accept a deposit from a prospective purchaser as part of an agreement that the ticket seller will make best efforts to obtain a ticket at a specified price or price range and within a specified time, provided that the ticket seller informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two days, of the terms of the deposit agreement, and includes in the oral and written notice other required disclosures. (BPC § 22502.1)
- Prohibits a ticket seller from representing that they can deliver or cause to be delivered a ticket at a specific price or within a specific price range and fail to deliver within a reasonable time at or below or within the price and range of prices stated. Specifies that a ticket seller who violated this prohibition and violates 3) above is civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended in trying to attend the event, and reasonable attorney’s fees and court costs. (BPC §§ 22052.2 and 22052.3)
- Prohibits a person from using, selling, offering for sale, or advertising software designed to circumvent a ticket seller's security measures, access controls, or other controls used to ensure an equitable ticket-buying process. Makes it unlawful to use software or other technological means to purchase tickets in excess of posted limits for online ticket sales. (BPC § 22505.5)
This bill:
- Recasts and expands California’s ticket seller laws to apply to additional categories of marketplace participants, including original sellers, event presenters, ticket resellers, and ticket resale marketplaces, and establishes new definitions governing those entities.
- Repeals and replaces existing provisions governing ticket sales and resale transactions and revises the remedies, disclosure requirements, recordkeeping obligations, and enforcement provisions applicable to ticket transactions.
- Requires original sellers, ticket resellers, and, in certain circumstances, consumers, to have actual or constructive possession of a ticket, or a contractual right to sell the ticket, before listing, marketing, or selling the ticket.
- Requires ticket resale marketplaces to verify that tickets listed for resale are owned, possessed, or subject to a contractual right to sell before accepting listings on their platforms.
- Prohibits original sellers and ticket resellers from advertising, offering for sale, contracting for sale, or accepting payment for certain tickets when the seller does not possess the ticket or otherwise lacks the required rights to sell the ticket.
- Requires ticket resellers and ticket resale marketplaces to disclose seat location information, including section, row, and seat number when applicable, and requires disclosure of the face value of certain tickets offered for resale.
- Establishes new requirements governing refunds, credits, exchanges, and consumer options when events are cancelled, postponed, rescheduled, or replaced.
- Expands recordkeeping requirements by requiring original sellers, ticket resellers, and ticket resale marketplaces to maintain records of ticket sales, deposits, and refunds for at least 12 months.
- Creates new civil liability provisions authorizing consumers to recover damages, nonrefundable expenses, attorney's fees, and court costs for certain violations relating to ticket sales and delivery.
- Increases enforcement authority and authorizes civil penalties of up to $10,000 per violation for violations of the chapter, enforceable by specified public prosecutors.
- Expands existing prohibitions relating to automated ticket purchasing by prohibiting specified acts involving ticket-purchasing software, sales volume limitation systems, and circumvention of ticket purchasing controls.
- Prohibits certain internet websites, web designs, internet addresses, text, images, and similar online displays that are substantially similar to those of an event presenter, rights holder, original seller, venue operator, or authorized agent when used without authorization.
- Repeals existing BPC 22503.5 which exempts certain primary ticket sales activities from the law.
FISCAL EFFECT:
This bill is keyed fiscal by Legislative Counsel. According to the Assembly Committee on Appropriations, the bill will result in possible costs to the DOJ of an unknown amount. By adding new requirements for ticket sellers, ticket resellers, and ticket resale marketplaces, this bill provides additional bases for enforcement by DOJ. If DOJ hires staff to handle enforcement actions authorized by this bill, the department would incur significant costs, likely in the low hundreds of thousands of dollars annually at a minimum. If DOJ does not pursue enforcement as authorized by this bill, the department would likely not incur any costs. The bill will also result in cost pressures of an unknown but potentially significant amount to the courts to adjudicate civil actions and misdemeanor charges and possible incarceration costs of an unknown but potentially significant amount.
COMMENTS:
- Purpose. This bill is sponsored by National Independent Venue Association – California and Music Artists Coalition. The Author states that “Secondary market resellers frequently deceive fans by listing and selling tickets to events that do not currently exist, or that they do not have a license to sell. This process is known as speculative ticketing. Fans buy these tickets, often for a predatory mark up. This practice is inherently anti-consumer and directly counter to the wishes of creatives and artists who seek to provide their fan base with a world-class show at an affordable price. AB 1349 will prohibit speculative ticketing by requiring ticket sellers to own, possess, or have the contractual right to sell tickets before listing them. This will protect the integrity of the ticket buying process for consumers, and ensure that the hard work of artists and creatives is not unjustly used to gouge their core fan base.” According to the Author, “AB 1349 also bans websites that mimic official event platforms or use terms like “sold out” when there are still tickets available on the primary site. The bill increases penalties for violators and ensures consumers are refunded for postponed or canceled events. By prioritizing transparency and accountability, the bill protects fans, supports artists, and ensures a fairer ticketing system.”
- Background. California’s ticket sellers regulations were largely enacted before the widespread adoption of online ticket marketplaces, digital ticketing systems, mobile ticket transfers, and sophisticated resale platforms. Today, consumers purchase, transfer, and resell tickets through a variety of online channels that did not exist when many of the ticketing statutes were first enacted. While technological advances have increased convenience and expanded access to tickets, they have also introduced new challenges relating to speculative ticket sales, automated purchasing software, deceptive online practices, fee transparency, and restrictions on ticket transferability. Policymakers, regulators, artists, venues, ticketing companies, and consumer advocates have increasingly focused on whether existing laws adequately protect consumers in the modern ticketing marketplace.
Federal regulators have devoted significant attention to ticketing-related consumer protection concerns in recent years. The Federal Trade Commission (FTC) has identified hidden fees, deceptive pricing practices, and the use of automated software to circumvent ticket purchasing restrictions as practices that can harm consumers and impair fair competition. In 2024, the FTC adopted its Rule on Unfair or Deceptive Fees, commonly referred to as the “Junk Fees Rule,” which requires greater transparency in ticket pricing and seeks to ensure that consumers receive meaningful information regarding the total cost of a ticket before making purchasing decisions. The FTC has also pursued enforcement actions under the Better Online Ticket Sales (BOTS) Act against entities alleged to have used automated technologies, multiple accounts, and other means to evade ticket purchasing limits designed to provide equitable access to tickets.
At the same time, federal antitrust scrutiny of the live entertainment industry has continued to increase. In 2010, the United States Department of Justice (DOJ) approved the merger of Live Nation and Ticketmaster subject to conditions intended to address competition concerns. In 2019, the DOJ announced that Live Nation had violated portions of the consent decree governing the merger and extended the decree through 2025. Following highly publicized ticketing issues associated with major concert tours and broader concerns regarding competition in the live entertainment marketplace, the DOJ and a coalition of state attorneys general, including California, filed an antitrust lawsuit against Live Nation Entertainment and Ticketmaster in 2024. The litigation alleges conduct affecting competition in concert promotion, venue services, and ticketing and reflects ongoing national debate regarding competition, consumer choice, and access to live entertainment events.
The Legislature has considered numerous measures over the past decade intended to address evolving issues in the ticketing marketplace. AB 329 (Pan, Chapter 325, Statutes of 2013) prohibited the use and sale of software designed to circumvent ticket purchasing controls intended to ensure an equitable ticket-buying process. AB 1556 (Friedman, Chapter 180, Statutes of 2021) strengthened consumer protections relating to cancelled, postponed, and rescheduled events by establishing refund requirements. Subsequent legislative efforts have explored a range of consumer protection issues including fee transparency, all-in pricing, resale marketplace disclosures, speculative ticket sales, deceptive practices, ticket transferability, and consumer understanding of ticket transactions. In addition, broader consumer protection measures such as SB 478 (Dodd, Chapter 740, Statutes of 2023), California's Honest Pricing Law, reflect increasing legislative interest in ensuring transparency and fairness in transactions involving mandatory fees.
Although California law already prohibits certain unfair ticketing practices, many of the existing statutes were enacted before the widespread use of digital ticketing, mobile ticket transfers, online resale marketplaces, and automated purchasing technologies. As a result, questions have emerged regarding whether existing laws adequately address modern practices such as speculative ticket sales, the use of sophisticated software to circumvent ticket purchasing controls, deceptive online ticketing websites, and consumer confusion regarding whether a ticket is being sold by an authorized seller or through a resale marketplace. Consumer advocates and policymakers have also raised concerns regarding consumer confusion about the source of tickets, whether tickets are being sold by authorized sellers or resale marketplaces, and whether sellers possess or have a legal right to transfer the tickets being offered for sale. Policymakers have increasingly examined whether additional statutory clarity is warranted to address these practices while preserving legitimate ticketing, resale, and consumer transfer rights.
- Arguments in Support. A coalition of music creators, venues, labels, workers and unions write that “Speculative ticketing lets resellers list and sell tickets they do not actually have. The result is inflated prices, exposure to fraud, and broken trust between artists and the fans who want to see them. AB 1349's requirement that a seller must own, possess, or hold contractual rights to a ticket before listing it is essential to restoring integrity to the marketplace. Ticketing should never operate like a futures market, where access to a show is hedged and traded like a commodity before a single real ticket exists.” They state that they “support AB 1349 because fans are best served when artists and venues are in control of the live experience, not industrial resellers who extract value without adding any.”
Music Artists Coalition adds to this, noting that “Artists invest everything in the live experience, and the relationship between an artist and a fan is the foundation of it all. When industrial resellers insert themselves into that relationship by selling tickets they do not have or hiding behind fake box offices, they exploit fans and
undermine the artists who created the show in the first place. AB 1349 helps put artists and fans back at the center, where they belong.
Bottlerock writes that “Speculative tickets deprive venues and festivals of the ability to price their own shows and siphon money out of the legitimate live music ecosystem into the pockets of scalpers/brokers who invest nothing, build nothing, and create nothing in our state.”
- Arguments in Opposition. A coalition of consumers, civil justice advocates, non-profits and businesses write that “Buried in AB 1349 is language that gives Ticketmaster even more power over California fans, who already have no rights with respect to the tickets they buy. AB 1349 takes every opportunity to codify the power ticket sellers already have by endorsing unfair and anti-competitive terms and conditions. Whether a fan can resell, gift or transfer their tickets is entirely at the discretion of the original seller, which 80% of the time is Ticketmaster. AB 1349 also creates unattainable requirements for fans by stating they must be able to deliver the ticket to the buyer, when it’s really Ticketmaster that controls this. Ticketmaster regularly delays ticket delivery, or prevents transfer of tickets all together, which may make complying with this requirement impossible for fans. Fans should not face steep financial penalties if their plans change and they need to resell tickets to an event. However, AB 1349 contains cumbersome requirements that unfairly penalize fans who need to resell their tickets. These include requirements that fans must get a license just to resell their tickets, or face up to six months in county jail, or a $2,500 fine, or both; civil penalties up to $10,000 and attorney’s fees for the public prosecutor; and they must maintain records of ticket sales, deposits and refunds for a minimum of 12 months after sale.”
According to Consumer Federation of California, “the bill is so pro-monopoly in its approach that it doesn’t even acknowledge that it is possible for consumers to get good deals on events sometimes (remember that 95% of concerts don’t sell out, and many sporting events don’t sell out either, as baseball’s Athletics can attest!). The language in Section 22508 of the bill never contemplates that a consumer might actually pay less than the original price of a ticket (called the “face price” in the bill). This just shows that the fox is guarding the henhouse in AB 1349.” The group writes that “as currently drafted AB 1349 doesn’t help consumers much, if at all. It helps the Live Nation/Ticketmaster monopoly, and those who openly or more quietly support it.”
Seat Geek and Tick Pick cite opening paragraphs of an amended complaint in the antitrust lawsuit brought against Live Nation/Ticketmaster, quoting that “One monopolist serves as the gatekeeper for the delivery of nearly all live
music in America today: Live Nation, including its wholly owned subsidiary,
Ticketmaster [...] to the detriment of fans, artists, venues and competition.” According to the companies, “With this backdrop of the competitive landscape, it becomes apparent that key aspects of AB 1349 will lock consumers into transacting only on the dominant affiliated marketplace, further entrenching the Live Nation-Ticketmaster monopoly.” They state that “When resale marketplaces are not allowed to compete for fans’ business – as they effectively would be by this proposed legislation – the market loses an important price discovery mechanism, including when resale prices fall below face value, a regular occurrence that venues and promoters are often eager to hide from ticket purchasers… By sanctifying into law the event providers’ dictated terms and conditions with respect to resale, AB 1349 unfortunately will place limits not just on ticket resale platforms but also on the many California consumers who use these marketplaces every day. Consumers will foot the bill in the form of inconvenience, lack of choice, lack of control over tickets they purchased, and an overall worse purchasing experience.”
Sports Fan Coalition writes that “We support much of the intent in this bill, in particular banning speculative ticketing and banning the use of deceptive websites. However, as drafted we worry the bill could have unintended consequences that would further entrench Live Nation/Ticketmaster’s illegal monopoly. Why else would they support this bill if they were not benefiting from it?”
According to TechNet, “AB 1349 imposes sweeping liability on secondary ticket resale marketplaces by effectively requiring them to “confirm” that tickets listed on their platforms comply with all applicable state laws. Such standard converts a marketplace intermediary into a guarantor of the legality of each listing by a third-party. Secondary ticket marketplaces do not issue the original tickets, do not control the contractual arrangements between sellers and event presenters, and do not have the visibility into every upstream transaction.”
StubHub states that “AB 1349 restricts competition by protecting monopolies in a market already defined by anti-competitive behavior, and in doing so, not only undermines the ongoing efforts of California’s Attorney General but also harms the very Californian consumers it claims to protect… AB 1349 co-opts consumer protection as a justification to reinforce the dominance of engrained monopolies, like Ticketmaster. AB 1349 will harm consumers by further reinforcing anticompetitive behavior in an already heavily concentrated industry.”
- Policy Comments and Suggested Amendments.
Existing protections regarding ticket availability and delivery are already in place. California law already contains consumer protections intended to address situations in which a ticket seller offers tickets for sale but fails to provide the promised tickets. Under existing Business and Professions Code Sections 22502.1, 22502.2, and 22502.3, ticket sellers are prohibited from representing that they can provide tickets at a specified price or within a specified price range and then failing to deliver those tickets within a reasonable or contracted timeframe. Consumers who suffer losses as a result may recover damages, nonrefundable expenses, attorney's fees, and court costs. These provisions are intended to ensure that consumers receive the tickets they purchase and provide remedies when sellers are unable or unwilling to fulfill their contractual obligations. As a result, California law already establishes a framework governing the sale and delivery of tickets and provides meaningful remedies when consumers do not receive the tickets they were promised.
Existing restrictions on bots are already in place. The use of automated software to circumvent ticket purchasing limits is already prohibited under both California and federal law. AB 329 (Pan, Chapter 325, Statutes of 2013) made it unlawful in California to use or sell software designed to circumvent a ticket seller's security measures, access controls, or other mechanisms intended to ensure an equitable ticket-buying process. At the federal level, Congress enacted the Better Online Ticket Sales (BOTS) Act of 2016, which prohibits the circumvention of online ticket purchasing controls and authorizes enforcement by the Federal Trade Commission. More recently, the FTC has pursued enforcement actions against entities alleged to have used automated technologies, multiple accounts, and other methods to evade ticket purchasing restrictions. Accordingly, concerns regarding bots and automated ticket purchasing are not occurring in a legal vacuum; both state and federal law already prohibit many forms of conduct associated with ticket-buying bots and unauthorized circumvention of ticket purchasing controls.
Disclosure requirements are already in place. California law already requires ticket sellers to disclose important information about the tickets being offered for sale. Existing Business and Professions Code provisions require ticket sellers to provide the ticket’s assigned seat, row, section, or other location information, or disclose when a ticket does not correspond to a specific seat or location. These requirements are intended to ensure that consumers receive accurate information regarding the nature of the ticket being purchased and can make informed purchasing decisions. As a result, certain disclosures regarding seat location and ticket characteristics are already addressed under existing law.
Differential Treatment of Marketplace Participants. This bill raises the question of whether similar conduct should be regulated differently depending on the type of marketplace participant involved. The modern ticketing ecosystem includes event presenters, venue operators, original sellers, ticket resale marketplaces, brokers, professional resellers, season ticket holders, and individual consumers. While these participants serve different functions within the marketplace, concerns relating to speculative ticket sales, deceptive advertising, consumer confusion, ticket availability, and marketplace transparency may arise in both primary and secondary ticketing markets.
Several provisions of AB 1349 impose obligations on certain marketplace participants while exempting or treating others differently. To the extent the Legislature seeks to address conduct such as speculative sales, deceptive practices, or consumer confusion, policymakers may wish to consider whether a conduct-based framework that applies comparable standards across marketplace participants would better promote consistency, transparency, and consumer understanding. Applying different standards to similar conduct may create regulatory complexity and may affect how consumers experience protections depending on where a ticket is purchased.
Alternative Approach. Rather than creating separate regulatory frameworks for different categories of marketplace participants, the goal should be a more uniform approach that focuses on the conduct giving rise to consumer harm. The approach should include prohibitions on speculative ticket sales, modernization of existing anti-bot provisions, restrictions on deceptive websites and advertising practices, and protections for the lawful transfer of tickets, while applying comparable standards to primary sellers, resale marketplaces, brokers, and other participants engaged in ticket sales and resale activities.
As such, the contents of AB 1349 should be replaced with the following:
Strike existing BPC 22502.1 and replace with:
22502.1.
(a) For purposes of this section, "speculative ticket sale" means the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale of a ticket by a person who, at the time of the advertisement, listing, marketing, offer for sale, contract for sale, acceptance of payment for, or sale does not have either
(1) Actual or constructive possession of the ticket. Constructive possession means that the person has fully paid for the ticket, holds a legally enforceable right to receive delivery of the ticket, and has received confirmation of purchase or assignment from the original ticket seller, event presenter, or venue operator, or
(2) Has not been authorized by the event presenter or venue operator to sell the ticket.
(b) A ticket seller shall not engage in a speculative ticket sale.
(c) A ticket seller shall not advertise, list, market, offer for sale, contract for sale, accept payment for, or sell a ticket before the ticket has been made available for sale by the event presenter, venue operator, rights holder, or original seller, unless expressly authorized by the event presenter, venue operator, rights holder, or original seller unless the ticket seller has constructive possession of the ticket as defined in (a)(1).
(d) A ticket resale marketplace shall not knowingly process payment, collect a fee, or facilitate the completion of a speculative ticket sale and shall implement reasonable measures designed to prevent speculative ticket sales on its platform.
(e) The definitions contained in Section 22503 apply to this section.
(f) A violation of this section constitutes an unlawful business practice pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7.
Amend existing BPC 22502.3.
22502.3
For purposes of this section, "person subject to this chapter" means a ticket seller, original seller, ticket reseller, or ticket resale marketplace.
In addition to other remedies, a person subject to this chapter who violates Section 22502.1 or 22502.2 and fails to supply a ticket at or below a contracted price or within a contracted price range shall be civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended by the purchaser in nonrefundable expenses for attending or attempting to attend the event in good faith reliance on seat or space availability, and reasonable attorney's fees and court costs.
Strike existing BPC Section 22503 and replace with:
22503
For purposes of this chapter:
(a) "Consumer" means a natural person who purchases a ticket with the reasonable expectation of attending an event.
(b) "Event presenter" means the person or organization responsible for a sporting, musical, theater, or other entertainment event for which tickets are sold, including a rights holder or its authorized agent.
(c) "Original seller" means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
(d) "Rights holder" means an artist, performing arts organization, theater company, dance company, professional athletic team, professional athletic league, author, lecturer, or other person that is a primary performer, participant, speaker, or presenter at an event for which tickets are sold.
(e) "Ticket resale marketplace" means an entity that, for compensation, commission, or otherwise, operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates the resale of admission tickets for a sporting, musical, theater, or other entertainment event between third parties, and includes an original seller to the extent that the original seller operates a website or other online application that advertises, lists, markets for sale, processes payments for, or facilitates resale.
(f) "Ticket reseller" means a person or entity, other than a consumer or season ticket holder, who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells admission tickets to a sporting, musical, theater, or other entertainment event on the secondary market.
(g) "Ticket seller" means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, offers for sale, facilitates the sale of, or sells an admission ticket to a sporting, musical, theater, or other entertainment event.
(h) "Venue operator" means a person who owns, operates, manages, or controls a venue at which a sporting, musical, theater, or other entertainment event is presented.
(i) "Season ticket holder" means a person who purchases a package of tickets for multiple events from an original seller, event presenter, rights holder, or venue operator pursuant to a season ticket membership, subscription, premium seat license, or similar ticketing program.
Add BPC 22502.6:
22502.6.
(a) Except as otherwise required by law or reasonably necessary to address fraud, theft, unauthorized account access, violations of this chapter, or the administration of a season ticket membership, premium seat license, fan club membership, loyalty program, or similar ticketing program, an event presenter, venue operator, rights holder, original seller, or ticket seller shall not revoke, cancel, invalidate, deny admission, or render unusable a ticket based solely upon the lawful transfer or resale of that ticket.
(b) Nothing in this section prohibits reasonable measures to:
(1) Prevent fraud.
(2) Enforce ticket purchasing limits.
(3) Investigate violations of law.
(4) Protect the security of ticketing systems and consumer accounts.
(5) Administer season ticket memberships, premium seat licenses, fan club memberships, loyalty programs, or other similar ticketing programs.
(c) This section shall not be construed to require an event presenter, venue operator, rights holder, original seller, or ticket seller to offer, renew, extend, transfer, or assign any season ticket membership, premium seat license, fan club membership, loyalty program benefit, or similar contractual right.
(d) The definitions contained in Section 22503 apply to this section.
Repeal BPC Section 22503.5.
Strike existing BPC 22505.5 and replace with:
22505.5.
Notwithstanding Section 22503.4, 22504, or 22511, it shall be unlawful for a person to knowingly use, cause to be used, provide, sell, offer for sale, market, or facilitate software or services to do, or otherwise engage in, any of the following:
(a) Purchase tickets in excess of posted limits for an online event ticket sale.
(b) Circumvent or evade an electronic queue, waiting period, presale restriction or presale code, ticket purchasing limit, account limitation, or other ticket distribution control established and disclosed by the event presenter, venue operator, rights holder, or ticket seller.
(c) Circumvent or disable a security measure, access control system, or other control or measure used to facilitate authorized ticket sales or authorized entry into an event.
(d) Utilize multiple Internet Protocol addresses, multiple purchaser accounts, multiple email addresses, or other technological means to purchase tickets in excess of posted ticket limits or otherwise evade ticket purchasing restrictions established pursuant to subdivision (b).
(e) Use software, services, automated means, or other technological methods to automate, coordinate, facilitate, or otherwise enable conduct prohibited by this section.
(f) The definitions contained in Section 22503 apply to this section.
Add new Section 22505.6:
22505.6.
(a) It shall be unlawful for a person, ticket seller, original seller, ticket reseller, ticket resale marketplace, or other person acting in connection with the sale or resale of tickets to advertise, market, or offer tickets for sale in a manner that is likely to mislead a reasonable consumer regarding the source, sponsorship, authorization, availability, price, or nature of the ticket being offered.
(b) A person shall not use an internet website, internet address, domain name, trade name, trademark, service mark, logo, design, text, image, or other identifying characteristic, or any combination thereof, that is substantially similar to, or reasonably likely to be confused with, that of an event presenter, venue operator, rights holder, original seller, or authorized agent, if displayed with an intent to confuse or deceive consumers or where such display is reasonably likely to confuse or deceive consumers regarding the source, sponsorship, authorization, or affiliation of the website or advertisement.
(c) A person shall not represent or imply that:
(1) A ticket is available from an authorized source when the ticket is being offered through resale.
(2) A live entertainment event is sold out when tickets remain available from the original seller or an authorized seller.
(3) A consumer is purchasing a ticket from an event presenter, venue operator, rights holder, original seller, or authorized agent when the consumer is purchasing from a reseller or ticket resale marketplace.
(4) A ticket listing reflects a specific seat, section, row, or location if the seller does not have a reasonable basis to make that representation.
(d) The definitions contained in Section 22503 apply to this section.
(e) A violation of this section constitutes false or misleading advertising for purposes of Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 and an unlawful business practice for purposes of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7.
SUPPORT AND OPPOSITION:
Support:
American Association of Independent Music
American Federation of Musicians
Artist Rights Alliance
Black Music Action Coalition
Bottlerock
Bright Light Strategies
California Arts Advocates
Fan Alliance
Folk Alliance International
Future of Music Coalition
Live Nation Entertainment, INC.
Music Artists Coalition
Music Managers Forum - US
National Independent Talent Organization
National Independent Venue Association of California
Recording Academy
Recording Industry Association of America
Sag-aftra
Songwriters of North America
Venue Pilot
Opposition:
California Black Chamber of Commerce
California Hispanic Chambers of Commerce
California League of United Latin American Citizens
California Live Events Equity Alliance
California Multicultural Business Alliance
Cambodia Chamber of Commerce Representative Office in California
Central Valley Latino Mayors and Elected Officials Coalition
Central Valley Yemen Society
Coalition for Ticket Fairness
Consumer Federation of California
Hispanic 100
Hispanic Chambers of Commerce of San Francisco
Latin Business Association
National Action Network Sacramento
National Baptist Convention Usa, INC
Pantone 294
Seatgeek, INC.
Si Se Puede Fresno, Tulare, Kings & Kern
Sports Fans Coalition
Stubhub, INC.
Technet
Ticket Policy Forum
Tickpick, LLC
Valley Industry and Commerce Association
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1349
Author:(Bryan)
As Amended Ver:May 5, 2025
Majority vote
SUMMARY
This bill makes various changes to how a ticket seller, ticket reseller, and ticket resale marketplace may advertise, list, or sell a ticket for an entertainment event, and increases enforcement authority and civil penalties for violations of the bill's requirements.
Major Provisions
- Requires original sellers, ticket resellers, and ticket resale marketplaces to be registered and duly licensed, as may be required by any local jurisdiction.
- Requires an original seller or ticket reseller to have actual or constructive possession of a ticket, or have a contractual right to a ticket before listing, marketing, or selling the ticket.
- Requires an original seller, ticket reseller, or ticket resale marketplace to make specified disclosures when listing, marketing, advertising, or selling a ticket, including the price of the original ticket and the location of the seat for each ticket, if applicable.
- Requires ticket resale marketplaces, before accepting a listing to sell a ticket, to require that the person listing the ticket has a right to sell the ticket and is able to deliver it to the consumer.
- Prohibits a ticket reseller from using a website that is substantially similar to the website of an event presenter or original seller, without the written consent of the event presenter or original seller.
- Prohibits a ticket reseller from representing that a live entertainment event is sold out or use the term "sold out" when tickets are still available on the original seller's website.
- Prohibits a person from intentionally using, causing to be used, or selling software or services that facilitate purchasing more tickets from a primary ticket than allowed, as specified.
- Specifies how a refund must be provided to a consumer for a cancelled event.
- Increases, from $2,500 to $10,000, the maximum civil penalty for each violation of the bill's requirements.
- Expands an existing private right of action to allow a consumer harmed by a violation of any of the bill's requirements to file a civil lawsuit to recover two times the contracted price of the ticket, any nonrefundable expenses incurred by the consumer for attending or attempting to attend the event, and reasonable attorney's fees and court costs.
COMMENTS
Background. Tickets purchased online are typically found on either primary ticket seller websites or on the secondary market. Primary ticket sellers, including Ticketmaster and AXS, work with event organizers to control ticket prices, and share revenue between the artists and the venue operators. The prices set in the primary market heavily affect the volume and value of tickets in the secondary market. Although the cost of tickets can fluctuate through dynamic pricing, tickets generally sell on the primary market with a face value that is below their market value. The number of tickets available is of necessity limited to the capacity of the venue, and of course are subject to sell outs.
The secondary market is where tickets purchased on the primary market are resold. Ticket prices can be significantly higher than the original sale price when purchased from someone on the secondary market, especially for high demand or sold-out concerts and sporting events. Secondary market platforms not only serve as a way for consumers who are unable to use their tickets to have a relatively simple way of recouping their money, and potentially making a profit, by reselling them to another person, they also are utilized by professional ticket brokers. These brokers operate as a business that purchases event tickets solely for the purpose of reselling them to maximize profit.
The platforms, for a fee, simply provide the infrastructure and technology that make up the marketplace for brokers and individuals to resell their tickets. Professional ticket brokers either enter into agreements with sports teams and promoters to have access to tickets for resale, or they compete with consumers in the primary marketplace, to purchase tickets that they intend to resell at a profit on the platforms. These secondary market platforms include StubHub, Vivid Seats, TickPicks, and SeatGeek, as well as resale platforms run by Ticketmaster and AXS.
According to a 2018 report by the United States Government Accountability Office (GAO), ticket brokers are dominating the resale marketplaces. They have a competitive advantage over individual consumers because they have the technology and resources to purchase large numbers of tickets as soon as they go on sale. Some consumer advocates, state officials, and event organizers believe that brokers unfairly use this advantage to obtain tickets from the primary market, which restricts ordinary consumers from buying tickets at face value. As a result, consumers may pay higher prices than they would if tickets were available on the primary market. In addition, some event organizers and primary ticket sellers have expressed frustration that the profits from the higher resale price are pocketed by brokers who had no role in creating or producing the event.
Speculative Tickets. A speculative ticket refers to instances in which a seller offers a ticket for sale on the secondary market before the seller has the ticket in hand. In some cases, secondary sellers may not disclose the fact that they are selling speculative tickets. These practices harm consumers who either do not receive the tickets they purchased or receive tickets that differ from the ticket or seat advertised. Even if consumers receive refunds for the ticket price, they may have already incurred nonrefundable costs to attend the event, such as air travel and hotel expenses.
Ticket brokers often refer to this practice as the equivalent of agreeing to stand in line for someone at the box office. They will buy tickets when they go on sale, so that the consumer does not have to wait in front of their computer constantly refreshing their web browser. However, the consumer is often not aware that they are buying a ticket that the seller does not possess, nor do they realize they are paying a premium price, significantly above the face value, for a ticket that they may or may not receive.
This practice can create considerable confusion for consumers who are unable to purchase tickets from the primary box office because they have not gone on sale yet, but appear to be available on a secondary market platform.
According to the Author
"Secondary market resellers frequently deceive fans by listing and selling tickets to events that do not currently exist, or that they do not have a license to sell. This process is known as speculative ticketing. Fans buy these tickets, often for a predatory mark up. This practice is inherently anti-consumer and directly counter to the wishes of creatives and artists who seek to provide their fan base with a world-class show at an affordable price. AB 1349 will prohibit speculative ticketing by requiring ticket sellers to own, possess, or have the contractual right to sell tickets before listing them."
Arguments in Support
"The Music Artists Coalition (MAC) represents the interests of music creators in policy discussions that shape their careers and livelihoods. Our organization works across a range of issues to ensure artists have a voice at the table with issues that impact their careers, livelihoods, and legacies. As artists pour their heart and soul into creating meaningful live experiences for fans, they deserve fair and transparent ticketing practices. This legislation represents an important step toward protecting both artists and consumers from predatory ticketing practices.
We particularly support this bill's provisions banning speculative ticket sales. Speculative ticketing allows resellers to list tickets they don't actually possess, which leads to price inflation, potential fraud, and disrupts the artist-fan relationship. The bill's requirement that ticket sellers must own, possess, or have contractual rights to sell tickets before listing them is crucial to maintaining marketplace integrity and consumer protections."
Arguments in Opposition
This bill is opposed by the Coalition for Ticket Fairness, Chamber of Progress, a number of secondary ticket sellers, and Consumer Federation of California, which believes the bill "furthers the interests of the monopoly company that currently dominates the ticketing and live entertainment industry, Live Nation/Ticketmaster, at the expense of consumers and average fans."
FISCAL COMMENTS
According to the Assembly Committee on Appropriations:
- Possible costs (General Fund, special funds) to the Department of Justice (DOJ) of an unknown amount. By adding new requirements for ticket sellers, ticket resellers, and ticket resale marketplaces, this bill provides additional bases for enforcement by DOJ. Actual costs will depend on whether the Attorney General pursues enforcement actions, and, if so, the level of additional staffing DOJ needs to handle the related workload. If DOJ hires staff to handle enforcement actions authorized by this bill, the department would incur significant costs, likely in the low hundreds of thousands of dollars annually at a minimum. If DOJ does not pursue enforcement as authorized by this bill, the department would likely not incur any costs.
- Cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts to adjudicate civil actions and misdemeanor charges. Actual costs will depend on the number of cases filed and the amount of court time needed to resolve each case. It generally costs approximately $1,000 to operate a courtroom for one hour. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a demand for increased funding for courts from the General Fund. The fiscal year 2024-25 state budget provides $37.3 million ongoing General Fund to backfill declining revenue to the Trial Court Trust Fund.
- Possible incarceration costs (local funds, General Fund) of an unknown but potentially significant amount. This bill expands the conduct covered by an existing misdemeanor, which is punishable by up to six months in county jail, a fine, or both jail and a fine. Actual incarceration costs will depend on the number of convictions and the length of each sentence. The average annual cost to incarcerate one person in county jail is approximately $29,000, though costs are higher in larger counties. County incarceration costs are not subject to reimbursement by the state. However, overcrowding in county jails creates cost pressure on the General Fund because the state has historically granted new funding to counties to offset overcrowding resulting from public safety realignment.
VOTES
ASM ARTS, ENTERTAINMENT, SPORTS, AND TOURISM: 7-0-2
YES: Ward, Elhawary, McKinnor, Ortega, Quirk-Silva, Valencia, Zbur
ABS, ABST OR NV: Lackey, Jeff Gonzalez
ASM PRIVACY AND CONSUMER PROTECTION: 11-1-3
YES: Bauer-Kahan, Dixon, Bryan, Lowenthal, McKinnor, Ortega, Patterson, Pellerin, Petrie-Norris, Ward, Wicks
NO: DeMaio
ABS, ABST OR NV: Irwin, Macedo, Wilson
ASM JUDICIARY: 10-0-2
YES: Kalra, Dixon, Bryan, Connolly, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur
ABS, ABST OR NV: Bauer-Kahan, Macedo
ASM APPROPRIATIONS: 11-1-3
YES: Wicks, Stefani, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Bauer-Kahan, Pellerin, Solache
NO: Ta
ABS, ABST OR NV: Hoover, Pacheco, Tangipa
UPDATED
VERSION: May 5, 2025
CONSULTANT: Brian V. Anderson, Jr. / A.,E.,S., & T. / (916) 319-3450 FN: 0002252
Date of Hearing: May 14, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 1349
Author:(Bryan) – As Amended Ver:May 5, 2025
Policy Committee: | Arts, Entertainment, Sports, and Tourism | Vote: | 7 - 0 |
Privacy and Consumer Protection | 11 - 1 | ||
Judiciary | 10 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill makes various changes to how a ticket seller, ticket reseller, and ticket resale marketplace may advertise, list, or sell a ticket for an entertainment event, and increases enforcement authority and civil penalties for violations of the bill’s requirements.
Specifically, among other provisions, this bill:
- Requires original sellers, ticket resellers, and ticket resale marketplaces to be registered and duly licensed, as may be required by any local jurisdiction.
- Requires an original seller or ticket reseller to have actual or constructive possession of a ticket, or have a contractual right to a ticket before listing, marketing, or selling the ticket.
- Requires an original seller, ticket reseller, or ticket resale marketplace to make specified disclosures when listing, marketing, advertising, or selling a ticket, including the price of the original ticket and the location of the seat for each ticket, if applicable.
- Requires ticket resale marketplaces, before accepting a listing to sell a ticket, to require that the person listing the ticket has a right to sell the ticket and is able to deliver it to the consumer.
- Prohibits a ticket reseller from using a website that is substantially similar to the website of an event presenter or original seller, without the written consent of the event presenter or original seller.
- Prohibits a ticket reseller from representing that a live entertainment event is sold out or use the term “sold out” when tickets are still available on the original seller’s website.
- Prohibits a person from intentionally using, causing to be used, or selling software or services that facilitate purchasing more tickets from a primary ticket than allowed, as specified.
- Specifies how a refund must be provided to a consumer for a cancelled event.
- Increases, from $2,500 to $10,000, the maximum civil penalty for each violation of the bill’s requirements.
- Expands an existing private right of action to allow a consumer harmed by a violation of any of the bill’s requirements to file a civil lawsuit to recover two times the contracted price of the ticket, any nonrefundable expenses incurred by the consumer for attending or attempting to attend the event, and reasonable attorney’s fees and court costs.
FISCAL EFFECT:
- Possible costs (General Fund, special funds) to the Department of Justice (DOJ) of an unknown amount. By adding new requirements for ticket sellers, ticket resellers, and ticket resale marketplaces, this bill provides additional bases for enforcement by DOJ. Actual costs will depend on whether the Attorney General pursues enforcement actions, and, if so, the level of additional staffing DOJ needs to handle the related workload. If DOJ hires staff to handle enforcement actions authorized by this bill, the department would incur significant costs, likely in the low hundreds of thousands of dollars annually at a minimum. If DOJ does not pursue enforcement as authorized by this bill, the department would likely not incur any costs.
- Cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts to adjudicate civil actions and misdemeanor charges. Actual costs will depend on the number of cases filed and the amount of court time needed to resolve each case. It generally costs approximately $1,000 to operate a courtroom for one hour. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a demand for increased funding for courts from the General Fund. The fiscal year 2024-25 state budget provides $37.3 million ongoing General Fund to backfill declining revenue to the Trial Court Trust Fund.
- Possible incarceration costs (local funds, General Fund) of an unknown but potentially significant amount. This bill expands the conduct covered by an existing misdemeanor, which is punishable by up to six months in county jail, a fine, or both jail and a fine. Actual incarceration costs will depend on the number of convictions and the length of each sentence. The average annual cost to incarcerate one person in county jail is approximately $29,000, though costs are higher in larger counties. County incarceration costs are not subject to reimbursement by the state. However, overcrowding in county jails creates cost pressure on the General Fund because the state has historically granted new funding to counties to offset overcrowding resulting from public safety realignment.
COMMENTS:
- Purpose. This bill is sponsored by the National Independent Venue Association and the Music Artists Coalition, and is supported by Live Nation and several independent event venues. According to the author:
Secondary market resellers frequently deceive fans by listing and selling tickets to events that do not currently exist, or that they do not have a license to sell. This process is known as speculative ticketing. Fans buy these tickets, often for a predatory mark up. This practice is inherently anti-consumer and directly counter to the wishes of creatives and artists who seek to provide their fan base with a world-class show at an affordable price. AB 1349 will prohibit speculative ticketing by requiring ticket sellers to own, possess, or have the contractual right to sell tickets before listing them.
- Background. In recent years, online ticket sales have drawn criticism by consumers and led to state and federal legislative hearings into online ticket retail practices and competition within the ticketing market. These criticisms have focused both on issues with primary ticket sellers (like Ticketmaster, which is currently the subject of a major antitrust lawsuit filed by the US Department of Justice) and with secondary ticket sellers and marketplaces (like Ticketmaster, Stubhub, and SeatGeek). This bill makes a number of changes to existing law with the goal of restricting the secondary ticket market. The bill’s provisions fall into four main categories: prohibiting speculative ticket sales, requiring additional disclosures to consumers, prohibiting deceptive marketing tactics, and providing specific consumer refund rights.
- Opposition. This bill is opposed by the Coalition for Ticket Fairness, Chamber of Progress, a number of secondary ticket sellers, and Consumer Federation of California, which believes the bill “furthers the interests of the monopoly company that currently dominates the ticketing and live entertainment industry, Live Nation/Ticketmaster, at the expense of consumers and average fans.”
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: May 1, 2025
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
ABPCA Bill Id:AB 1349
Author:Bryan – As Amended Ver:April 28, 2025
As Proposed to be Amended
SUBJECT: Consumer protection: ticket sellers
KEY ISSUE: SHOULD CALIFORNIA STRENGTHEN CONSUMER PROTECTIONS AGAINST SPECULATIVE TICKET SALES AND DECEPTIVE RESALE PRACTICES BY (among other things) REQUIRING that a ticket buyer has a CONTRACTUAL RIGHT TO SELL TICKETS; IMPOSING NEW DISCLOSURE AND MARKETING STANDARDS; AND EXPANDING PUBLIC AND PRIVATE ENFORCEMENT OF TICKETING LAWS?
SYNOPSIS
As music journalist Andy Cush has observed, the struggle between Ticketmaster and secondary marketplaces is “like a King Kong vs. Godzilla scenario: just because the two monsters are fighting doesn’t mean one of them is the good guy.” California has long wrestled with regulating ticketing abuses. This bill, AB 1349, is the latest iteration of that monstrous struggle, modeled after Senator Caballero’s failed attempt in SB 785 (2024), and brought by the National Independent Venue Association (NIVA) and the Music Artists Coalition (MAC). The sponsors—who vehemently oppose Ticketmaster’s monopolistic tendencies— raise concerns about the secondary marketplace. Specifically, they argue that fans are often misled into purchasing tickets that do not exist, that resale listings frequently hide key price and seat information, and that confusion created by deceptive websites undermines consumer trust in ticket purchases. This bill seeks to address this problem by addressing specific market abuses—namely, speculative ticket listings, deceptive website impersonations, and lack of transparent disclosures—rather than broader structural concerns. Sponsors maintain that speculative ticketing and deceptive practices harm not only consumers, but also artists and small venues who depend on fair ticket sales for their survival. As proposed to be amended, the bill would allow for “constructive possession” as an alternative to physical delivery or possession. This clarification would ensure that consumers who have paid in full and have a reasonable expectation of receiving the ticket in advance of the event are not penalized for attempting a one-time resale. This amendment preserves the bill’s intent to prohibit purely speculative listings, while accommodating common resale scenarios faced by ordinary ticket buyers. The amendments are reflected in the SUMMARY below and explained in the analysis.
This bill is sponsored by the National Independent Venue Association (NIVA) and the Music Artists Coalition (MAC). In addition, it is supported by the Future of Music, a number of independent venues, and Live Nation. StubHub, SeatGeek, and TickPick, the Consumer Federation of California, and a number of other organizations are in opposition. This bill has been triple referred. It passed the Arts, Entertainment, Sports and Tourism Committee on a 7-0 vote, and the Committee on Privacy and Consumer Protection with an 11-1 vote.
SUMMARY: Strengthens consumer protections in the live event ticketing market by prohibiting speculative ticket sales, requiring disclosure of resale and original ticket prices, banning deceptive marketing practices, expanding refund rights, and enhancing public and private enforcement mechanisms. Specifically, this bill:
- Defines the following terms:
- “Artist” means an actor rendering services on the stage, musical artist, musical organization, or other performing artist rendering professional services in theatrical and other live entertainment enterprises.
- “Constructive possession” means that the person has fully paid for the ticket, holds a legally enforceable right to receive delivery of the ticket, and has received confirmation of purchase or assignment from the original ticket seller, event presenter, or venue operator.
- “Consumer” means a natural person or persons who purchases tickets to an entertainment event with the purpose of attending that event.
- “Entertainment venue” means a publicly or privately owned place that holds live entertainment events, including, but not limited to, an arena, auditorium, concert hall, live performance venue, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission.
- “Entertainment venue” does not include an amusement park or fairground unless the venue is hosting an event, concert, or musical festival requiring a ticket, in addition to general admission to the park or fair, for entry.
- “Event presenter” means the person or organization that is responsible for a sporting, musical, theatre, or other entertainment event for which tickets are sold, including the holder of the rights to the sporting, musical, theatre, or other entertainment event, or their authorized agent.
- “Face Price” means the price established by the event presenter, rights holder, or venue operator prior to the original sale of a ticket, exclusive of any fees or charges.
- “Live entertainment event” means a scheduled live performance at a specific date, time, and location, including, but not limited to, a theatrical or operatic performance, concert, or sporting event, including, but not limited to, football, basketball, baseball, boxing, tennis, hockey, or any other sport.
- “Original seller” means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
- “Premium seat license” means a license that entitles the holder to purchase tickets for a designated seat in a venue for multiple events, which include music shows in addition to nonmusic shows, over a period of time that is at least one year.
- “Professional athletic team” means any entity that has all of the following characteristics:
- It employs concurrently during the taxable year five or more persons, who are compensated for being participating members of an athletic team engaging in public contests.
- Is a member of a league composed of at least five entities that are engaged in the operation of an athletic team and that are located in this and other states, or in other countries.
- Has total minimum paid attendance in the aggregate for all contests wherever played during the taxable year of 40,000 persons.
- Has minimum gross income in the taxable year of one hundred thousand dollars ($100,000).
- Does not participate in college athletics.
- “Rights holder” means an artist, performing arts organization, theater or dance company, a professional sports team, professional sports league, author, lecturer, or any other persons who are the primary speakers or performers at an event for which tickets are sold.
- “Ticket” means a license, issued by the venue operator, for admission to the place of entertainment at the date and time specified on the ticket and is subject to the terms and conditions as specified by the rights holder and venue operator.
- “Ticket resale marketplace” means an entity that, for compensation, commission, or otherwise, advertises, lists, markets for sale, processes payments for, facilitates the resale of, or resells an admission ticket for, a sporting, musical, theater, or other live entertainment event.
- “Ticket reseller” means a person who for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event other than a ticket for original sale sold by an original seller.
- “Venue operator” means any person who owns, operates, manages, or controls an entertainment venue.
- Requires original sellers, ticket resellers, and ticket resale marketplaces to be registered and duly licensed, as may be required by any local jurisdiction.
- Eliminates the requirement that a ticket seller have a permanent business address from which tickets may only be sold and that the address be included in any advertisement or solicitation.
- Specifies that each ticket sold or offered for sale in violation of the bill will constitute a separate violation which may be brought only by the Attorney General, a district attorney, a city attorney, a county council, or a city prosecutor, and requires the court to impose a civil penalty of not more than $10,000 for each violation of the law, along with awarding the prevailing prosecutor reasonable costs and attorney fees.
- Requires an original seller or ticket reseller to have actual or constructive possession of the ticket, or have a contractual right to a ticket before listing, marketing, or selling the ticket.
- Requires an original seller or ticket reseller at the time of listing or marketing a ticket to disclose to the consumer the exact location of the seat in the entertainment venue, unless the ticket is not associated with occupying a specific seat in the venue, such as general admission or standing room only tickets. Exemptions are provided for flexible ticketing options that allow attendees to commit to a number of performances in advance while choosing the specific performances at a later date, for season tickets that are purchased as a package and are not individually priced, and for special fundraising events presented by nonprofit venue operators and event presenters.
- Eliminates the exemption in current law that allows a ticket seller to market, advertise or sell a ticket if they inform the purchaser orally at the time of contract or receipt of consideration, and within two business days, that the seller does not have possession of the ticket, a contract to obtain the ticket and may not be able to obtain the ticket.
- Requires ticket resale marketplaces, before accepting a listing to sell a ticket, to require that the person listing the ticket has a right to sell the ticket and is able to deliver it to the consumer.
- States that by allowing a ticket to be posted for resale on its website, a ticket resale marketplace is confirming that the ticket is being sold in compliance with the requirements of this bill.
- Requires a ticket resale marketplace to disclose on its internet website in each ticket listing the exact location of the seat in the entertainment venue, unless the ticket is not associated with occupying a specific seat, such as general admission or standing room only tickets.
- Repeals a provision of existing law that states that certain ticketing laws do not apply to any primary contractor or seller of tickets for the primary contractor operating under a written contract with the primary contractor, with “primary contractor,” defined as the person or organization who is responsible for the event for which tickets are being sold.
- Prohibits a ticket reseller from using an internet website, or causing an internet website to be used, that displays a trademarked or copyrighted URL, title, designation, image, mark, or other symbol without the written consent of the trademark or copyright holder, or any combination of text, images, web designs, or internet addresses that is substantially similar to the internet website of an event presenter or original seller, or any of their authorized agents, without the written consent of the event presenter or original seller.
- Prohibits a ticket reseller from representing that a live entertainment event is sold out or use the term “sold out” when tickets are still available on the original seller’s website.
- Prohibits a person from intentionally using, causing to be used, or selling software or services that do any of the following:
- Purchase tickets in excess of posted limits for an online event ticket sale.
- Circumvent or disable an electronic queue, waiting period, presale code, or other sales volume limitation system associated with an online event ticket sale.
- Circumvent or disable a security measure, access control system, or other control or measure that is used to facilitate authorized entry into an event.
- Purchase tickets in violation of the combined event presenter’s or venue operator’s posted terms and conditions.
- Utilize multiple Internet Protocol addresses, multiple purchaser accounts, or multiple email addresses to purchase tickets in excess of posted ticket limits.
- Requires the person who sold or facilitated the sale of the ticket to a consumer, whether an original seller, event presenter, ticket reseller, or ticket resale marketplace, to provide a refund for a canceled event within 30 calendar days of the cancellation. For postponed or rescheduled events, consumers are required to be given the option to receive a refund or a credit.
- Provides that non-profit event presenters and non-profit venue operators must provide the consumer with the choice of full refund for the ticket price of an event that is canceled, or one alternative option such as an equivalent value gift certificate, exchange for a higher-or-equal value ticket, or the ability to donate the value of the ticket.
EXISTING LAW:
- Establishes the Better Online Ticket Sales (BOTS) Act, which prohibits the use of automated bots to circumvent ticket purchase limits set by ticket sellers. (15 U.S.C. Section 45c.)
- Prohibits selling or offering to sell an event ticket obtained using an automated bot if the seller participated in, had the ability to control, or should have known about the violation. (Id.)
- Defines a “ticket seller” as any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event. (Business Profession Code Section 22503.)
- Clarifies that the following are not ticket sellers for purposes of existing law:
- An officially appointed agent of an air carrier, ocean carrier, or motor coach carrier who purchases or sells tickets in conjunction with a tour package.
- Any person who sells six tickets or less to any one single event, provided the tickets are sold off the event premises, including, but not limited to, designated parking areas and points of entry to the event.
- The person or organization responsible for the event for which tickets are being sold, or a seller of tickets operating under a written contract with this person or organization.
- Any nonprofit charitable tax-exempt organization selling tickets to an event sponsored by the organization. (Business and Professions Code Sections 22503.5, 22503.6, 22504, 22511.)
- Requires that ticket sellers:
- Maintain records of ticket sales, deposits, and refunds. (Business and Professions Code Section22501.)
- Prior to sale, disclose to the purchaser by means of description or a map the location of the seat or seats represented by the ticket or tickets. (Business and Professions Code Section 22502.)
- Make any partial or full deposit refundable if received on a future event for which tickets are not available, except for a service charge of not more than 10 percent, until such time as tickets for the event are actually available. (Business and Professions Code Section 22506.)
- Provide a refund within 30 days for the ticket price of an event that is canceled. (Business and Professions Code Section 22507 (a).)
- Provide a refund, upon request, within 30 days, for the ticket price of an event which is postponed, rescheduled, or replaced with another event at the same date and time. (Business and Professions Code Section 22507 (b).)
- Provide that a local jurisdiction may require a bond of not more than $50,000 to cover required refunds. (Business and Professions Code Section 22507 (d).)
- Disclose that a service charge is imposed by the ticket seller and is added to the actual ticket price by the seller in any advertisement or promotion for any event by the ticket seller. (Business and Professions Code Section 22508.)
- Prohibits a ticket seller from contracting to sell or accepting payment for tickets unless the ticket seller:
- Has lawful possession of the ticket;
- Has a contractual right to obtain the ticket; or
- Informs the purchaser, in a specified manner, that it does not have possession of the ticket, has no contract to obtain the offered ticket, and may not be able to supply the ticket at the contracted price. (Business and Professions Code Section 22502.1.)
- Authorizes a ticket seller to accept a deposit from a prospective purchaser as part of an agreement that the ticket seller will make best efforts to obtain a ticket at a specified price or price range and within a specified time, provided that the ticket seller informs the purchaser, in a specified manner, of the terms of the deposit agreement and makes required disclosures. (Id.)
- Prohibits a ticket seller from representing that it can deliver or cause to be delivered a ticket at a specific price or within a specific price range and fail to deliver the ticket a) within a reasonable time and b) below or within the price and range of prices stated. (Business and Professions Code Section 22502.2.)
- Provides a private right of action to ticket purchasers for violations of 5) and 6). (Business and Professions Code Section 22502.3.)
- Declares it unlawful for a person to intentionally use or sell software or services to circumvent a security measure, access control system, or other control or measure (including limits on the number of tickets a person can purchase) that is used to ensure an equitable ticket buying process for event attendees. (Business and Professions Code Section 22502.5.)
- Deems a violation of the chapter of the Business and Professions Code containing the provisions above to be a misdemeanor. (Business and Professions Code Section 22505.)
- Requires a ticket seller to have a permanent business address from which tickets may only be sold and that the address be included in any advertisement or solicitation. Makes a violation of this requirement a misdemeanor punishable by imprisonment or a fine not exceeding $2,500 or by both, and provides for civil penalties of up to $2,500 for violations. (Business and Professions Code Section 22500.)
- Enables a court to enjoin any person who engages, has engaged, or proposes to engage in unfair competition. (Business and Professions Code Section 17203.)
- Allows any consumer who suffers damage from an unlawful practice to bring an action to obtain, among other remedies, “an order enjoining the methods, acts, or practices” declared unlawful. (Civil Code Section 1780 (a).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: As music journalist Andy Cush has observed, the struggle between Ticketmaster and secondary marketplaces is “like a King Kong vs. Godzilla scenario: just because the two monsters are fighting doesn’t mean one of them is the good guy.” California has long wrestled with regulating ticketing abuses. This bill, AB 1349, is the latest iteration of that monstrous struggle, modeled after Senator Caballero’s failed attempt in SB 785 (2024), brought by the National Independent Venue Association (NIVA) and the Music Artists Coalition (MAC). The sponsors of this bill—who vehemently oppose Ticketmaster’s monopolistic tendencies— raise concerns about the secondary marketplace. Specifically, they argue that fans are often misled into purchasing tickets that do not exist; that resale listings frequently hide key price and seat information; and that confusion created by deceptive websites undermines consumer trust in ticket purchases. This bill seeks to address this problem by addressing specific market abuses—namely, speculative ticket listings, deceptive website impersonations, and lack of transparent disclosures—rather than broader structural concerns.
As explained by the author:
Secondary market resellers frequently deceive fans by listing and selling tickets to events that do not currently exist, or that they do not have a license to sell. This process is known as speculative ticketing. Fans buy these tickets, often for a predatory mark up. This practice is inherently anti-consumer and directly counter to the wishes of creatives and artists who seek to provide their fan base with a world-class show at an affordable price.
AB 1349 will prohibit speculative ticketing by requiring ticket sellers to own, possess, or have the contractual right to sell tickets before listing them. This will protect the integrity of the ticket buying process for consumers, and ensure that the hard work of artists and creatives is not unjustly used to gouge their core fan base.
Background of this Measure. Different Types of Sellers. When a fan wants to attend a live event, such as a concert, sporting event, or theater performance, they typically purchase a ticket either through the primary market or the secondary market. The primary market refers to the initial sale of tickets by the event organizer, venue operator, or a primary ticketing platform, such as Ticketmaster. These are the first sale of tickets to the public. After a ticket is sold in the primary market, it may enter the secondary market, where it can be resold by individuals who can no longer attend or by professional resellers seeking to profit from resale. Resales occur either through official resale platforms affiliated with the original seller (such as Ticketmaster Resale) or through independent secondary marketplaces such as StubHub or SeatGeek. The ticketing ecosystem involves several different types of sellers. Original ticket sellers are the venues, event organizers, or primary platforms responsible for selling tickets directly to consumers. Professional resellers (often referred to as brokers) are individuals or businesses who purchase tickets specifically to resell them, often listing them across multiple resale platforms. Casual consumers are fans who originally purchased tickets for personal use but later find themselves needing to resell them—typically due to unexpected life events like illness, travel conflicts, or other changes in plans.
Different Types of Tickets. There are also different types of tickets circulating in this system. Some are standard tickets, meaning they are fully issued and delivered immediately to the buyer, either in paper form or as a digital barcode. Increasingly, however, many tickets are delayed delivery tickets—tickets that are paid for, but not actually released to the buyer until shortly before the event, sometimes only 24 to 72 hours in advance. This practice is particularly common for concerts and major sports games in order to prevent mass scalping. Finally, many tickets are now mobile-only tickets, issued through apps like Ticketmaster’s SafeTix, which tie a ticket to a mobile device and can limit the buyer’s ability to transfer or resell the ticket outside of approved systems.
The Problem: Speculative Listings, Deceptive Marketing, and Lack of Transparency. According to the author and sponsors, current law does not adequately prevent the practice of speculative ticketing — where sellers list tickets they do not own, possess, or have the right to sell. As a result, consumers are routinely misled into purchasing tickets for concerts, sporting events, and theater performances before those tickets are even available from the official box office. These listings often come at inflated prices, offer no guarantee of delivery, and expose fans to the risk of last-minute cancellations or bait-and-switch seat assignments.
In addition, the author notes that secondary marketplaces often do not clearly disclose the original face value of tickets or the exact seat location at the time of resale. Without this information, consumers are unable to determine whether they are paying a fair price or whether cheaper, primary market options are still available. Supporters argue that secondary marketplaces contribute little value to the ticketing ecosystem beyond capturing fees from transactions — without investing in the artist, event, or fan experience itself.
The bill’s legislative findings emphasize that the live event industry depends on transparent and trustworthy ticketing practices to sustain relationships between artists and their audiences. Independent venues — which often lack the market leverage of major promoters or corporate ticketing platforms — report that speculative listings and deceptive practices not only harm consumers but also damage venue reputations and jeopardize ticket revenue that supports live performances.
The legislative background materials further underscore that while some secondary marketplaces argue they provide liquidity and flexibility for consumers, these benefits are undermined when listings are based on inventory the seller does not yet control. As outlined in the Arts and Privacy Committee analyses, speculative ticketing and opaque pricing practices create confusion, distort market signals, and ultimately reduce consumer confidence in attending live events.
Legislative History of Ticketing Reforms. The dysfunction in California’s ticketing markets, both primary and secondary, has spurred repeated legislative efforts over the past decade, culminating in intensified focus after the high-profile failures and controversies surrounding Live Nation-Ticketmaster’s practices. A wave of recent bills illustrates both the breadth of the problem and the competing visions for reform. While earlier measures like AB 329 (Pan, Chap. 325, Stats. 2013) and AB 1032 (Quirk, Chap. 105, Stats. 2019) targeted the use of bots to scoop up tickets before consumers could access them, more recent bills have sought broader market reforms. In 2024, AB 2808 (Wicks) represented a major effort to disrupt the dominance of Live Nation-Ticketmaster by focusing on the primary market. AB 2808 would have prohibited exclusive contracts between large venues and primary ticket sellers, restricted contract lengths to no more than three years, and enshrined artist control over how tickets to their own events are distributed and priced. The bill was premised on the recognition that the lack of competition at the first point of sale allows dominant firms to set higher prices, impose excessive fees, and restrict consumer choice. Although AB 2808 ultimately stalled in the Assembly Appropriations Committee, it marked a significant shift toward addressing structural market failures, not just deceptive practices.
Similarly, SB 785 (Caballero, 2024) sought to modernize California’s ticketing laws but approached the issue from the perspective of secondary market abuses. SB 785 proposed banning speculative ticket sales, prohibiting the use of deceptive websites that impersonate official box offices, sharply increasing penalties for violations, and imposing greater responsibilities on resale marketplaces. The bill candidly acknowledged that while the secondary market is important for consumers who can no longer attend events, it had become riddled with speculative listings, fake tickets, and inflated prices fueled by scalpers exploiting technological advantages. SB 785 advanced through key policy committees and passed Assembly Appropriations, but ultimately died on the Inactive File after facing substantial opposition from secondary marketplaces and consumer advocates, who warned that its structure risked entrenching primary sellers’ control over both initial sales and resales.
This bill. AB 1349 (Bryan) seeks to regulate the sale and resale of live event tickets by imposing new requirements on original ticket sellers, ticket resellers, and ticket resale marketplaces. The bill is intended to curb speculative ticket listings, increase transparency in the ticketing market, and prevent deceptive marketing practices that mislead consumers.
Prohibits Speculative Ticket Sales (§ 22502 and § 22502.1). AB 1349 prohibits the listing, marketing, or selling of a ticket unless the seller owns, possesses, or has a contractual agreement with the event presenter or venue operator to sell the ticket at the time it is offered for sale. This provision is designed to eliminate the practice of speculative ticketing, where sellers offer tickets they do not actually possess or control. Both original ticket sellers and resellers are subject to this requirement.
By imposing this restriction, the bill seeks to ensure that every ticket listed for resale actually exists and can be delivered to the buyer. This aims to reduce the risk that consumers will unknowingly purchase non-existent tickets, suffer last-minute cancellations, or be left scrambling when speculative sellers are unable to fulfill orders. The speculative ticketing ban is intended to restore basic trust in the secondary marketplace by guaranteeing that resale listings reflect real, available inventory rather than mere promises or contingent hopes.
Consumer Disclosures (§ 22502 and § 22502.1). To enhance transparency in the ticketing marketplace, AB 1349 mandates clear disclosures to consumers regarding the nature and pricing of resold tickets. First, sellers and resale marketplaces must disclose when a ticket is being resold and that it may be offered at a price higher than its original face value. Second, they must disclose the original face value of the ticket at the time of listing, alongside the full seat location information (section, row, and seat number).
These disclosure provisions are intended to combat bait-and-switch tactics, undisclosed markups, and other deceptive practices that have historically frustrated consumers in the resale market. By requiring upfront disclosure of both the resale status and original price, AB 1349 seeks to empower consumers to make informed purchasing decisions — including whether they might be able to buy similar or better seats directly from the primary box office. The bill’s backers argue that transparent pricing and seat information are essential to restoring consumer confidence in the ticket buying process.
Marketplace Accountability (§ 22502.1). AB 1349 imposes new compliance obligations on ticket resale marketplaces. According to the bill in print, before allowing a ticket to be listed, a marketplace must confirm that the ticket complies with “all applicable state laws.” The intent is to promote greater accountability among online platforms that facilitate resale. Under current law, marketplaces generally disclaim responsibility for the accuracy of resale listings. The bill’s supporters argue that this lack of oversight creates an environment where speculative or fraudulent listings can flourish, harming consumers. By requiring resale marketplaces to verify compliance before posting listings, AB 1349 aims to ensure that secondary sales meet the same baseline consumer protection standards expected of primary sales.
Prohibits Deceptive Marketing Practices (§ 22505.2). The bill prohibits the use of deceptive marketing tactics that falsely suggest affiliation with an official venue, artist, or event. Specifically, ticket resellers and resale marketplaces are prohibited from using domain names, website designs, trademarks, or branding that mimic those of official event presenters without consent. The bill also bans representing that an event is “sold out,” or using similar language, when tickets remain available from the original source. These provisions are intended to address the widespread practice of “white label” websites that mimic official event sites to divert consumers — often leading them to pay higher prices or fees under false pretenses. Supporters argue that consumers are frequently misled into believing they are buying directly from a venue or authorized source, when in fact they are purchasing from an unaffiliated reseller. By banning these practices, AB 1349 seeks to reduce consumer confusion, promote fair competition, and ensure that buyers are not deceived at the outset of their transaction.
Preservation of Consumer Refund Rights (Amends § 22507). AB 1349 amends Section 22507 of the Business and Professions Code to expand and clarify existing consumer refund protections when live events are canceled, postponed, rescheduled, or materially altered. Under current law, a ticket seller is required to refund the full ticket price for a canceled event or, at the consumer’s option, refund tickets for a postponed or rescheduled event. AB 1349 broadens this obligation by applying it not only to original ticket sellers but also to event presenters, ticket resellers, and ticket resale marketplaces. Under the bill, any entity that sold or facilitated the sale of the ticket to the consumer is responsible for issuing a refund. Additionally, the bill clarifies that the refund obligation applies whether the refund is processed directly or facilitated through a marketplace, and preserves a local government’s authority to require a bond of up to $50,000 to secure refund obligations from original sellers, resellers, or resale marketplaces. These amendments are intended to ensure that consumers are not left without recourse, regardless of whether they purchased tickets through a primary seller or a secondary resale platform. Additional amendments taken in Privacy Committee permit for additional refund options for nonprofit event presenters and venue operators.
Increases Enforcement Authority and Penalties (Amending § 22500). AB 1349 amends Section 22500 of the Business and Professions Code to significantly expand the enforcement mechanisms available for violations of California’s ticketing laws. Under existing law, the Attorney General, district attorneys, city attorneys, county counsel, and city prosecutors have the authority to bring civil actions to enforce violations of the Ticket Sellers Act. AB 1349 retains this framework, but increases the maximum civil penalty from $2,500 to $10,000 per violation.
The expanded penalty provision is intended to create meaningful deterrence for ticket sellers, resellers, and resale marketplaces that engage in prohibited conduct, including speculative ticket listings, deceptive marketing practices, or failures to provide required consumer disclosures. Given the high volume and dollar value of live event ticket sales, sponsors argue that the previous $2,500 penalty was too low to discourage misconduct, particularly among large or well-capitalized entities.
In addition to public enforcement, AB 1349 strengthens private enforcement rights by creating a private right of action for consumers harmed by violations of the bill’s core protections. A consumer who suffers harm as a result of a violation may recover:
- Two times the contracted price of the ticket; and
- Any nonrefundable expenses reasonably incurred in reliance on the ticket purchase, such as travel, lodging, or related event expenses.
The private right of action provisions are intended to make enforcement more accessible to individual consumers, particularly when their harm might not be large enough to justify public prosecutor involvement. The bill’s structure parallels other California consumer protection statutes, such as the Consumer Legal Remedies Act, which similarly provides both public and private enforcement pathways, when the consumer has suffered harm as a result of the violation.
Ticketmaster/Live Nation Antitrust Lawsuit. In May 2024, the United States Department of Justice, joined by California Attorney General Rob Bonta and 29 other state attorneys general, filed an antitrust lawsuit against Live Nation Entertainment, Inc., and its subsidiary Ticketmaster. Ten additional states have since joined the suit. The complaint alleges that Live Nation-Ticketmaster unlawfully maintains monopolies in multiple aspects of the live events industry, including concert promotion, venue ticketing services, and secondary ticketing platforms. The case is currently pending in federal district court.
The DOJ’s complaint alleges several categories of anticompetitive conduct relevant to the issues raised by AB 1349:
- Exclusive Venue Agreements: The complaint alleges that Live Nation uses long-term exclusive contracts with major venues to foreclose competition in primary ticketing services. By conditioning access to high-demand artists on the use of Ticketmaster, the company allegedly restricts rival primary ticketing companies’ ability to compete.
- Control over Secondary Ticketing: The DOJ alleges that Live Nation has taken steps to dominate the secondary ticketing market, including through the use of mobile-only encrypted tickets (such as SafeTix) that restrict consumers’ ability to transfer tickets freely or use competing resale platforms.
- Dynamic Pricing and Opaque Fees: The complaint asserts that Live Nation-Ticketmaster’s pricing and fee structures lack transparency, resulting in higher prices and fewer consumer choices than would exist in a competitive market.
- Restrictive Terms and Conditions: The DOJ alleges that Live Nation imposes restrictive contractual terms on venues, artists, and consumers that limit the ability to resell or transfer tickets independently, thereby reinforcing its market dominance.
- Impact on Consumers and Competition: According to the DOJ, these practices have reduced consumer choice, inflated ticket prices and fees, suppressed innovation, and deterred new entrants into both the primary and secondary ticketing markets.
Several of the bill in print’s provisions intersect with areas identified in the DOJ’s complaint. In particular, the bill’s requirements regarding ownership or possession of tickets prior to resale, the definition of tickets as revocable licenses subject to private terms and conditions, and the potential reinforcement of resale restrictions through statutory mechanisms raise questions about how AB 1349 may interact with the competitive concerns raised in the ongoing federal antitrust action.
The sponsors of AB 1349, led by the National Independent Venue Association (NIVA) California and the Music Artists Coalition (MAC), strongly reject the claim that the bill furthers Live Nation-Ticketmaster’s monopoly or undermines competition in the live events marketplace.
They argue that the opposition’s characterization of the bill as reinforcing monopolistic control is misplaced for several reasons: First, NIVA emphasizes that it represents over 650 independent venues in California, the overwhelming majority of which do not use Ticketmaster for ticketing services. These independent venues—small to mid-sized clubs and theaters—have more frequent events and greater ticket volume than the relatively small number of major arenas dominated by Live Nation-Ticketmaster. Therefore, AB 1349 is intended to protect the interests of artists and small venues from the harms of speculative ticketing and deceptive practices, not to empower monopolistic primary sellers.
Second, sponsors highlight that the bill directly addresses long-standing consumer protection problems, such as fake ticket listings and “white label” websites designed to impersonate official ticketing sites. They argue that these deceptive practices have been rampant on secondary platforms and have harmed independent venues and fans alike.
Third, rather than consolidating power, the sponsors frame the bill as an effort to restore market trust by ensuring that all tickets listed for sale are real, deliverable, and transparently priced. They stress that speculative ticketing and impersonation tactics undermine the integrity of both the primary and secondary markets.
The sponsors point out that some groups opposing AB 1349—including the Fan Freedom Project, National Consumers League, and Sports Fans Coalition—have received financial support from secondary ticketing companies like StubHub and Vivid Seats. This financial entanglement, they suggest, raises legitimate questions about whether opposition arguments are motivated by consumer welfare or commercial interests.
Finally, the sponsors note that AB 1349 is consistent with broader efforts—at both the state and federal level—to bring transparency and fairness to the live events marketplace, including efforts to ban deceptive “junk fees” and speculative sales practices. They frame the bill as advancing consumer protections that independent venues, artists, and fair-market advocates have sought for years. Additional points of opposition—and response— are discussed in further detail below.
Opposition’s Concerns #1: Disclosure Requirements. While AB 1349 seeks to improve transparency by requiring sellers and resale marketplaces to disclose both the resale price and the original face value of a ticket at the time of listing, stakeholders in the sports industry have raised concerns that these requirements do not accurately reflect the realities of how tickets are sold for live sporting events. In professional sports, ticket pricing frequently relies on dynamic pricing models that adjust in real time based on market demand, matchups, and team performance. For example, a ticket to a San Francisco 49ers game against a marquee opponent like the Kansas City Chiefs may command significantly higher demand, and therefore a higher face value, than a game against a lower-profile opponent or one occurring after a team has been eliminated from playoff contention. Because dynamic pricing shifts over time, there may not be a stable “original face value” readily available for disclosure at the time of resale.
Additionally, sports teams emphasize that season tickets are typically sold as bundled packages, not as individual tickets priced separately for each game. Disaggregating the package price into per-game face values is not straightforward, and assigning a “face value” to an individual ticket resold from a season package may be arbitrary or misleading. Further, not all ticketing categories are neatly associated with a fixed seat or face value. Suites, general admission lawn seating, and standing-room-only areas often do not have assigned seats or traditional face values, complicating efforts to comply with strict disclosure mandates under the bill.
Without accounting for these flexible ticketing models, opponents argue, AB 1349’s face value disclosure requirement may create confusion, impose impractical burdens on sellers and marketplaces, and fail to meaningfully improve consumer transparency in contexts where face value is inherently fluid or undefined.
The author has been actively negotiating with stakeholders in the sporting industry to address these concerns. The Committee encourages the author to continue those conversations as they work to address these concerns.
Opposition’s Concern #2: Resale by Good-Faith Consumers without Possession (Delayed Delivery Problem). Under AB 1349 as currently drafted, a person may not list, market, or sell a ticket unless they “own, possess, or have a contractual agreement” to sell the ticket. While this language is designed to eliminate speculative ticketing, it does not account for the increasingly common practice of delayed delivery used by major primary sellers, where tickets purchased months in advance are not issued until shortly before an event. As a result, even a good-faith consumer who has fully paid for a ticket but has not yet received it would be prohibited from reselling the ticket under the bill’s strict terms. Under current law, such a resale would typically be governed by private contract — not statutory violation. As drafted, AB 1349 would elevate an ordinary consumer reselling a legitimately purchased ticket into potential statutory noncompliance.
As proposed to be amended, constructive possession would be included as an alternative to physical ownership or delivery of a ticket. This approach would preserve the bill’s intent to prohibit speculative listings by those who have no right to a ticket, while protecting ordinary consumers who need to resell tickets they have legitimately purchased but have not yet received due to industry-delayed delivery practices. The proposed amendment are included below. In addition, the author may wish to clarify that consumers engaged in occasional, good-faith resale should not be swept into the statutory definition of “ticket reseller.” Excluding one-time or infrequent sellers from that definition would help avoid unintentionally subjecting casual users to the bill’s professional seller requirements and enforcement structure. Together, these changes would help distinguish legitimate resale activity from commercial or deceptive practices, while ensuring that the bill’s consumer protection goals remain intact.
Opposition’s Concern #3: Marketplace Liability for Compliance with “All Applicable Laws.” AB 1349 currently requires ticket resale marketplaces to confirm that tickets listed on their platform comply with “all applicable state laws.” While marketplaces have a critical role in preventing fraud and speculative listings, this language is exceedingly broad and may create liability for a range of unrelated issues beyond the scope of the ticketing reforms contemplated by the bill. In practice, a resale marketplace may have no ability to confirm compliance with every provision of state law, especially when original ticket sellers control the terms of delivery and enforcement.
In order to address these concerns, the author will be amending the bill to narrow the marketplace compliance requirement to confirming that tickets comply with the specific requirements of “this chapter” — that is, by AB 1349. This refinement would still hold marketplaces accountable for ensuring the core protections established by the bill — ownership, possession, disclosure — without exposing them to unpredictable liability for unrelated compliance issues outside their control.
Opposition’s Concern #4: Terms and Conditions and the Structure of Ticket Ownership and Enforcement. Opponents of AB 1349 have raised concerns that the bill would improperly embed private terms and conditions into California statutory law, allowing venues and event presenters to define resale restrictions, platform exclusivity, or other limitations that could be enforced publicly. Some opposition letters assert that AB 1349 would outlaw the resale of tickets in violation of any posted terms and conditions. While these concerns identify important structural risks, it is important to note that the bill does not create a general statutory prohibition on ticket resale in violation of private terms. Instead, Section 22505.5(d) makes it unlawful to intentionally use, sell, or cause to be used software or services to purchase tickets in violation of the event presenter’s or venue operator’s posted terms and conditions. In other words, the statutory violation in Section 22505.5(d) is tied to the use of technological tools to circumvent restrictions—not merely to the act of resale by an individual consumer.
Nonetheless, opponents’ concerns highlight an important issue that may warrant careful consideration. As currently drafted, Section 22505.5(d) could be interpreted to allow enforcement of any posted term or condition by a venue or event presenter, including restrictions that extend beyond ticket quantity limits, anti-bot protections, or venue security measures. Particularly in light of ongoing federal and state antitrust actions that raise questions about the use of technological and contractual restrictions to maintain market dominance, the scope of this provision may benefit from further refinement. Separately, AB 1349 defines a ticket as a revocable license subject to the event presenter’s or venue operator’s terms and conditions. While this reflects longstanding principles under California law, the combination of that definition with new statutory enforcement mechanisms could have the unintended effect of giving private contractual provisions broader public legal force. Clarifying the scope of enforceable terms and conditions would help ensure that the bill continues to align with its consumer protection objectives without creating additional barriers to resale or competition.
To avoid any unintended consequences, the author may wish to consider clarifying that only violations of certain terms and conditions related to this bill’s express restrictions would trigger a statutory violation under Section 22505.5(d); or striking subdivision (d) altogether. Alternatively, the author may wish to require that terms and conditions capable of creating statutory violations are reasonable, nondiscriminatory, and narrowly tailored to legitimate purposes such as fraud prevention, safety, or event integrity.
Opposition’s Concern #5: Expanded Private Right of Action. Opponents of AB 1349 argue that the bill’s private right of action, combined with increased civil penalties, could encourage excessive litigation over minor or technical violations. They warn that the risk of lawsuits over inadvertent errors—such as incomplete seat disclosures, minor posting mistakes, or delayed ticket transfers—could impose disproportionate burdens on resale marketplaces and casual sellers. Given the high volume and low individual value of most ticket transactions, opponents assert that the litigation incentives created by AB 1349 could have unintended chilling effects on secondary market participation, particularly by smaller businesses and individual consumers.
Supporters of the bill, however, emphasize that strong private enforcement mechanisms are a longstanding feature of California’s consumer protection framework and are critical to ensuring accountability where public enforcement resources may be limited. They argue that private rights of action are necessary to deter bad actors, particularly in a marketplace that has historically suffered from deceptive practices, speculative listings, and consumer confusion. Supporters also contend that the bill narrowly targets core abuses—speculative sales without ownership, deceptive impersonation of venues or artists, and fraudulent marketing—and does not expose good-faith actors to frivolous liability.
The author may wish to amend Section 22506 to expressly authorize courts to grant injunctive and declaratory relief in actions brought by public prosecutors. This would provide flexibility to halt ongoing violations and would align AB 1349’s enforcement mechanisms with other major California consumer protection statutes, such as the Consumer Legal Remedies Act (CLRA) and the Unfair Competition Law (UCL), which similarly permit injunctive and declaratory relief to address systemic market harms.
Author’s Amendments. The proposed amendment addresses the delayed delivery problem by introducing the concept of constructive possession as an alternative to physical ownership or delivery of a ticket. By amending the bill to allow ticket sellers to list tickets if they have “actual or constructive possession,” the revised language solves this problem by accommodating situations where a buyer has paid for a ticket, has a legally enforceable right to receive the ticket, and can reasonably expect timely delivery before the event—but may not yet have received the ticket in digital or physical form.
22502.(a) An original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, shall own, possess, or have the contractual agreement with the event presenter or venue operator to sell the ticket. An original ticket seller or a ticket reseller, before listing, marketing, or selling a ticket, shall have actual or constructive possession of the ticket, or have the contractual agreement with the event presenter or venue operator to sell the ticket.
22502.1. (a) (1) A ticket resale marketplace, before accepting a listing to market or sell a ticket, shall require that the person listing the ticket have actual or constructive possession of the ticket, own, possess, or have the contractual right to sell the ticket, and be able to deliver the ticket to the consumer.
22502.3. (a) It shall be unlawful for an original seller or a ticket reseller to advertise, offer for sale, or contract for the sale of a ticket, or accept consideration for payment in full or for a deposit for the sale of a ticket if they do not have actual or constructive possession of the ticket, or have own, possess, a contractual agreement with the event presenter or venue operator to sell the ticket.
The following amendment defines “constructive possession” for purposes of this bill:
22503. (c) “Constructive possession” means that the person has fully paid for the ticket, holds a legally enforceable right to receive delivery of the ticket, and has received confirmation of purchase or assignment from the original ticket seller, event presenter, or venue operator.
The following proposed amendment narrowly clarifies the compliance obligations placed on ticket resale marketplaces:
22502.1. (a)(2) By allowing a ticket to be posted for resale on its website, a ticket resale marketplace is confirming that the ticket is being sold in compliance with the requirements of this chapter. all applicable state laws.
ARGUMENTS IN SUPPORT: The Future of Music writes in support:
We’ve all heard the ways that ticketing is a dysfunctional mess. Unfortunately, a core reason that problems have persisted is that policy debates have been dominated by large companies like Ticketmaster and Stubhub. When these giants fight, the interest of workers, small businesses, and fans can end up getting trampled.
For 25 years, Future of Music Coalition has worked to ensure artists have an independent voice on policies that impact them. In our view, good policies align the interests of artists and fans; no one cares more than artists about ensuring that fans have positive experiences because our careers and livelihoods depend on it. Today, as one of the artist organizations that has been most aggressively critical of Live Nation’s monopoly, we’re proud to support AB 1349, and we’re hopeful that we can offer some clarity.
It’s helpful to think of the effort to “fix ticketing” as consisting of two distinct “buckets,” which add up to a complementary and holistic public policy approach.
The first bucket is about structural competition issues and the harms that follow from consolidated ownership. This includes the factors that DOJ is seeking to address in its antitrust lawsuit against Ticketmaster/Live Nation, and the factors that led UK regulators to require divestments when secondary sellers ViaGogo and Stubhub merged in 2021.
The second bucket is market regulation, which is concerned with rules of the road that apply to every firm; it’s a means of addressing potentially harmful practices and behavioral concerns by anyone in the field. AB1349 is about this piece.
In our view, both pieces of the puzzle are crucially important. Strong antitrust enforcement—ideally a successful Justice Department lawsuit that leads to structural separation of Live Nation’s different lines of business—has to be accompanied by clear bright line market regulation for primary and secondary markets, banning fake tickets and deceptive URLs and giving artists, venues, and nonprofits tools to protect their fans and patrons.
It makes sense that while DOJ is focused on a breakup lawsuit, legislative approaches at both state and federal levels can focus on addressing that second “market regulation” bucket—which DOJ can’t do. Antitrust enforcement and good state-level legislation like California’s AB 1349 go hand in hand. Either effort on its own would be insufficient to address the range of problems, but together, they add up to sound policy that protects fans, workers, small businesses, and diverse creative expression.
Achieving good outcomes for workers and fans sometimes requires strange bedfellows politics. Some of the confusion around ticketing policy is a result of different coalitions forming around the different elements of the problem.
Furthermore, because Ticketmaster and the resale industry each have virtually unlimited resources at their disposal, policymakers must actively seek out the views of impacted artists and venues, booking agents, managers, promoters, arts nonprofits, and fans to be able to see a more complex picture.
Artists broadly agree with Live Nation that brokers, bots, and secondary platforms create serious problems and need to be regulated. We are therefore aligned on some narrow issues like banning speculative tickets, defining a ticket as a license, banning deceptive URLs, and strengthening enforcement of purchase limits.
To understand this alignment, it may be helpful to know that these views are shared by nearly all Live Nation competitors in the venue/promoter markets as well as Ticketmaster’s competitors in the primary ticketing market (including companies like AEG, Dice, Eventbrite, Tixr, etc.). All of these firms have experienced their own struggles with brokers and above face-value resale platforms.
At the same time, bad behavior by other firms doesn’t justify Live Nation’s own bad behavior. The fact that other firms engaging in industrial scale resale harm artists, venues, nonprofits and fans is not a defense against Live Nation’s anticompetitive practices and illegal behavior as alleged in the Justice Department’s lawsuit.
Additionally, Live Nation’s criticism of predatory resale is somewhat hypocritical in light of its participation in the market as the third biggest reseller of tickets. Ticketmaster could voluntarily exit the resale-above-face-value marketplace as it has chosen to do in the UK. It could also cease resale of third-party tickets for independent venues’ events where it is not the original primary seller. That has not happened, presumably because these are especially profitable activities.
Future of Music further argues:
While some like Diana Moss of PPI make blanket claims that “intervening in resale ticket markets would serve only to preserve and reinforce [Live Nation’s] monopoly power,” some of our nation’s toughest antitrust enforcers clearly don’t agree.
Last year, the states of Maryland and Minnesota both passed strong new ticketing laws governing primary and secondary sales, with the support of their Attorneys General, Anthony Brown and Keith Ellison. Brown and Ellison are prominent anti-monopolists, and are among the 40 AGs who have joined the DOJ antitrust lawsuit against Live Nation3. They clearly see no conflict between these approaches.
This month, DC Attorney General Brian Schwalb similarly endorsed proposed legislation but forward by councilman Charles Allen that mirrors many elements of AB1349, including a ban on speculative tickets and deceptive URL provisions. Schwalb’s office is similarly helping lead the Live Nation antitrust suit, and has also separately sued Stubhub over consumer protection violations.
Related to the oppositions’ assertion that secondary marketplaces provide competition for Ticketmaster, they note:
Above-face-value resale sites don’t really compete with Live Nation (or any other primary seller) in ways that serve the public good. Rather, brokers “compete” with fans for inventory, using whatever technology is available to them to acquire tickets before real fans get a chance, hoping that those real fans are forced to buy on the resale market. And resale platforms compete using their massive advertising budgets and various deceptive practices to reach fans online ahead of the actual venue in search results and sell the same tickets at much higher prices, even if they’re available. This is competition, but not the good pro-social kind that serious progressive anti-monopolists would seek to defend; arguably, some of these practices fit the definition of unfair methods of competition and/or deceptive practices. In any case it’s extractive competition that simply degrades the live events experience, and siphons wealth away from communities to investors—largely private equity companies who’ve wrought havoc in the rest of the economy.
Concerning the claim that the secondary market saves consumers money and lowers the price of tickets:
First, it’s worth understanding if a consumer is paying less than the face price on a ticket, it’s a product of a broker losing money via miscalculation—they erroneously thought they could resell for more than they paid, but misjudged the demand. If brokers collectively saved consumers more money than they charge in markups, they’d go out of business, of course. So while it is true that deals can sometimes be found when brokers screw up, it isn’t the case that consumers on balance save money as a result of the resale industry.
Secondly, it’s worth interrogating the specific data that reseller advocates offer in support of their claims of lower prices. Often, supporting data is not disclosed. . . . Typically, they tally the tickets sold below face value and offer a number they claim represents total savings. But they don’t include in this count the many tickets sold above face value. In other words, they count tickets where fans spend less, but not the tickets where fans spend more, and then present this as if it represents net savings. (Reseller-backed groups including Sports Fans Coalition have offered similar shoddy arguments and dubious methodology.)
ARGUMENTS IN OPPOSITION: In addition to the concerns raised above, Seat Geek and TickPick note:
When resale marketplaces are not allowed to compete for fans’ business – as they effectively would be by this proposed legislation – the market loses an important price discovery mechanism, including when resale prices fall below face value, a regular occurrence that venues and promoters are often eager to hide from ticket purchasers. Consumers have grown accustomed to accessing tickets in the manner and at the time of their choosing, such as shortly before or the same day of a show of game, which is often when demand declines and lower-priced tickets proliferate.
By sanctifying into law the event providers’ dictated terms and conditions with respect to resale, AB 1349 unfortunately will place limits not just on ticket resale platforms but also on the many California consumers who use these marketplaces every day. Consumers will foot the bill in the form of inconvenience, lack of choice, lack of control over tickets they purchased, and an overall worse purchasing experience. For this reason, states as diverse as New York, Colorado, Illinois, Connecticut, Virginia and Utah have enacted laws providing more protections for consumers to resell tickets on their platform of choice.
REGISTERED SUPPORT / OPPOSITION:
Support
Cafe Colonial
Cafe Du Nord
Future of Music Coalition
Hall of Fame
Harlow's
Hollywood Pantages
Hopmonk Presents
Live Nation Entertainment, INC.
Music Artists Coalition
National Independent Venue Association of California
This916
Support if Amended
California Arts Advocates
Opposition
CA League of United Latin American Citizens (LULAC)
California Black Chamber of Commerce
Central Valley Latino Mayors and Elected Officials Coalition
Central Valley Yemen Society
Coalition for Ticket Fairness
Consumer Federation of California
Hispanic 100
Latin Business Association
Multicultural Business Alliance
National Action Network - Sacramento Chapter
Seatgeek
Si Se Puede Fresno, Tulare, Kings & Kern
Stubhub, INC.
Tickpick
Opposition Unless Amended
Chamber of Progress
Vivid Seats LLC
Analysis Prepared by: Shiran Zohar / JUD. / (916) 319-2334
Date of Hearing:
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, AND TOURISM
Christopher M. Ward, Chair
ABPCA Bill Id:AB 1349 (
Author:Bryan) – As Introduced Ver:February 21, 2025
SUBJECT: Consumer protection: ticket sellers
SUMMARY: This bill would revise and recast California’s entertainment ticket statutes, particularly as it pertains to reselling tickets.
Specifically, this bill:
- Defines the following terms:
- “Artist” means an actor rendering services on the stage, musical artist, musical organization, or other performing artist rendering professional services in theatrical and other live entertainment enterprises.
- “Consumer” means a natural person or persons who purchases tickets to an entertainment event with the purpose of attending that event.
- “Entertainment venue” means a publicly or privately owned place that holds live entertainment events, including, but not limited to, an arena, auditorium, concert hall, live performance venue, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission.
- “Event presenter” means the person or organization that is responsible for a sporting, musical, theatre, or other entertainment event for which tickets are sold, including the holder of the rights to the sporting, musical, theatre, or other entertainment event, or their authorized agent.
- “Face Price” means the price established by the event presenter, rights holder, or venue operator prior to the original sale of a ticket, exclusive of any fees or charges.
- “Live entertainment event” means a scheduled live performance at a specific date, time, and location, including, but not limited to, a theatrical or operatic performance, concert, or sporting event, including, but not limited to, football, basketball, baseball, boxing, tennis, hockey, or any other sport.
- “Original seller” means a person who, for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event for original sale as instructed by an event presenter or venue operator.
- “Premium seat license” means a license that entitles the holder to purchase tickets for a designated seat in a venue for multiple events, which include music shows in addition to nonmusic shows, over a period of time that is at least one year.
- “Professional athletic team” means any entity that has all of the following characteristics:
(1) It employs concurrently during the taxable year five or more persons, who are compensated for being participating members of an athletic team engaging in public contests.
(2) Is a member of a league composed of at least five entities that are engaged in the operation of an athletic team and that are located in this and other states, or in other countries.
(3) Has total minimum paid attendance in the aggregate for all contests wherever played during the taxable year of 40,000 persons.
(4) Has minimum gross income in the taxable year of one hundred thousand dollars ($100,000).
(5) Does not participate in college athletics.
- “Rights holder” means an artist, performing arts organization, theater or dance company, a professional sports team, professional sports league, author, lecturer, or any other persons who are the primary speakers or performers at an event for which tickets are sold.
- “Ticket” means a license, issued by the venue operator, for admission to the place of entertainment at the date and time specified on the ticket.
- “Ticket resale marketplace,” means an entity that, for compensation, commission, or otherwise, advertises, lists, markets for sale, processes payments for, facilitates the resale of, or resells an admission ticket for, a sporting, musical, theater, or other live entertainment event.
- “Ticket reseller” means a person who for compensation, commission, or otherwise, advertises, lists, markets for sale, or sells an admission ticket to a sporting, musical, theater, or other entertainment event other than a ticket for original sale sold by an original seller.
- “Venue operator” means any person who owns, operates, manages, or controls an entertainment venue.
- Requires original sellers, ticket resellers, and ticket resale marketplaces to be registered and duly licensed, as may be required by any local jurisdiction.
- Eliminates the requirement that a ticket seller have a permanent business address from which tickets may only be sold and that the address be included in any advertisement or solicitation.
- Specifies that each ticket sold or offered for sale in violation of this chapter will constitute a separate violation which may be brought only by the Attorney General, a district attorney, a city attorney, a county council, or a city prosecutor, and requires the court to impose a civil penalty of not more than $10,000 for each violation of the law, along with awarding the prevailing prosecutor reasonable costs and attorney fees.
- Requires an original seller or ticket reseller to own, possess, or have a contractual right to a ticket before listing, marketing, or selling the ticket.
- Requires an original seller or ticket reseller at the time of listing or marketing a ticket to disclose to the consumer the exact location of the seat in the entertainment venue, unless the ticket is not associated with occupying a specific seat in the venue, such as general admission or standing room only tickets. Exemptions are provided for flexible ticketing options that allow attendees to commit to a number of performances in advance while choosing the specific performances at a later date, and for season tickets that are purchased as a package and are not individually priced.
- Eliminates the exemption in current law that allows a ticket seller to market, advertise or sell a ticket if they inform the purchaser orally at the time of contract or receipt of consideration, and within two business days, that the seller does not have possession of the ticket, a contract to obtain the ticket and may not be able to obtain the ticket.
- Requires ticket resale marketplaces, before accepting a listing to sell a ticket, to require that the person listing the ticket has a right to sell the ticket and is able to deliver it to the consumer.
- States that by allowing a ticket to be posted for resale on its website, a ticket resale marketplace is confirming that the ticket is being sold in compliance with all applicable state laws.
- Requires a ticket resale marketplace to disclose on its internet website in each ticket listing the exact location of the seat in the entertainment venue, unless the ticket is not associated with occupying a specific seat, such as general admission or standing room only tickets.
- Repeals a provision of existing law that states that certain ticketing laws do not apply to any primary contractor or seller of tickets for the primary contractor operating under a written contract with the primary contractor, with “primary contractor,” defined as the person or organization who is responsible for the event for which tickets are being sold.
- Prohibits a ticket reseller from using an internet website, or causing an internet website to be used, that displays a trademarked or copyrighted URL, title, designation, image, mark, or other symbol without the written consent of the trademark or copyright holder, or any combination of text, images, web designs, or internet addresses that is substantially similar to the internet website of an event presenter or original seller, or any of their authorized agents, without the written consent of the event presenter or original seller.
- Prohibits a ticket reseller from representing that a live entertainment event is sold out or use the term “sold out” when tickets are still available on the original seller’s website.
- Prohibits a person from intentionally using, causing to be used, or selling software or services that do any of the following:
- Purchase tickets in excess of posted limits for an online event ticket sale.
- Circumvent or disable an electronic queue, waiting period, presale code, or other sales volume limitation system associated with an online event ticket sale.
- Circumvent or disable a security measure, access control system, or other control or measure that is used to facilitate authorized entry into an event.
- Purchase tickets in violation of the combined event presenter’s, rightsholder’s, and venue operator’s posted terms and conditions.
- Utilize multiple Internet Protocol addresses, multiple purchaser accounts, or multiple email addresses to purchase tickets in excess of posted ticket limits.
- Requires the person who sold or facilitated the sale of the ticket to a consumer, whether an original seller, event presenter, ticket reseller, or ticket resale marketplace, to provide a refund for a canceled event within 30 calendar days of the cancellation. For postponed or rescheduled events, consumers are required to be given the option to receive a refund or a credit.
EXISTING LAW:
- Defines a “ticket seller” as any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event. (Bus. & Prof. Code § 22503.)
- Clarifies that the following are not ticket sellers for purposes of existing law:
- An officially appointed agent of an air carrier, ocean carrier, or motor coach carrier who purchases or sells tickets in conjunction with a tour package.
- Any person who sells six tickets or less to any one single event, provided the tickets are sold off the event premises, including, but not limited to, designated parking areas and points of entry to the event.
- The person or organization responsible for the event for which tickets are being sold, or a seller of tickets operating under a written contract with this person or organization.
- Any nonprofit charitable tax-exempt organization selling tickets to an event sponsored by the organization. (Bus. & Prof. Code §§ 22503.5, 22503.6, 22504, 22511.)
- Requires that ticket sellers:
- Maintain records of ticket sales, deposits, and refunds. (Bus. & Prof. Code § 22501.)
- Prior to sale, disclose to the purchaser by means of description or a map the location of the seat or seats represented by the ticket or tickets. (Bus. & Prof. Code § 22502.)
- Make any partial or full deposit refundable if received on a future event for which tickets are not available, except for a service charge of not more than 10 percent, until such time as tickets for the event are actually available. (Bus. & Prof. Code § 22506.)
- Provide a refund within 30 days for the ticket price of an event that is canceled. (Bus. & Prof. Code § 22507(a).)
- Provide a refund, upon request, within 30 days, for the ticket price of an event which is postponed, rescheduled, or replaced with another event at the same date and time. (Bus. & Prof. Code § 22507(b).)
- Provide that a local jurisdiction may require a bond of not more $50,000 to cover required refunds. (Bus. & Prof. Code § 22507(d).)
- Disclose that a service charge is imposed by the ticket seller and is added to the actual ticket price by the seller in any advertisement or promotion for any event by the ticket seller. (Bus. & Prof. Code § 22508.)
- Prohibits a ticket seller from contracting to sell or accepting payment for tickets unless the ticket seller:
- Has lawful possession of the ticket;
- Has a contractual right to obtain the ticket; or
- Informs the purchaser, in a specified manner, that it does not have possession of the ticket, has no contract to obtain the offered ticket, and may not be able to supply the ticket at the contracted price. (Bus. & Prof. Code § 22502.1.)
- Authorizes a ticket seller to accept a deposit from a prospective purchaser as part of an agreement that the ticket seller will make best efforts to obtain a ticket at a specified price or price range and within a specified time, provided that the ticket seller informs the purchaser, in a specified manner, of the terms of the deposit agreement and makes required disclosures. (Bus. & Prof. Code § 22502.1.)
- Prohibits a ticket seller from representing that it can deliver or cause to be delivered a ticket at a specific price or within a specific price range and fail to deliver the ticket a) within a reasonable time and b) below or within the price and range of prices stated. (Bus. & Prof. Code § 22502.2.)
- Provides a private right of action to ticket purchasers for violations of 5) and 6). (Bus. & Prof. Code § 22502.3.)
- Declares it unlawful for a person to intentionally use or sell software or services to circumvent a security measure, access control system, or other control or measure (including limits on the number of tickets a person can purchase) that is used to ensure an equitable ticket buying process for event attendees. (Bus. & Prof. Code § 22502.5.)
- Deems a violation of the chapter of the Business and Professions Code containing the provisions above to be a misdemeanor. (Bus. & Prof. Code § 22505.)
- Requires a ticket seller to have a permanent business address from which tickets may only be sold and that the address be included in any advertisement or solicitation. Makes a violation of this requirement a misdemeanor punishable by imprisonment or a fine not exceeding $2,500 or by both, and provides for civil penalties of up to $2,500 for violations. (Bus. & Prof. Code § 22500.)
FISCAL EFFECT: Unknown. This measure has been keyed fiscal by the Legislative Counsel.
COMMENTS:
- Author’s statement. According to the author, “Secondary market resellers frequently deceive fans by listing and selling tickets to events that do not currently exist, or that they do not have a license to sell. This process is known as speculative ticketing. Fans buy these tickets; often for a predatory mark up. This practice is inherently anti-consumer and directly counter to the wishes of creatives and artists who seek to provide their fan base with a world-class show at an affordable price.
“AB 1349 will prohibit speculative ticketing by requiring ticket sellers to own, possess, or have the contractual right to sell tickets before listing them. This will protect the integrity of the ticket buying process for consumers, and ensure that the hard work of artists and creatives is not unjustly used to gouge their core fan base.”
- Background. In 2010, the Justice Department approved a merger between Ticketmaster and Live Nation Entertainment. Live Nation is a massive events promoter and venue operator, and Ticketmaster is widely recognized as a gigantic entity in ticket sales. Combined they control an estimate of 60 to 80 percent of the ticketing and live event venues market. The conditions of this merger included provision stipulating that Ticketmaster divest one of its ticket divisions and license its software to a competitor, and be subject for 10 years to tough anti-retaliation provisions to prevent abuse of its power over concert tours, artist management, ticketing, and theaters. While originally the Justice Department determined that the merger was anticompetitive, these terms alleviated its concerns. However, many consumer advocates, politicians, and independent concert promoters were not in favor of the merger. In July 2010, 50 members of the House of Representatives sent a letter urging the Justice Department to oppose the deal.
Ticketmaster and Live Nation argued that by merging they would be able to reduce inefficiencies in the marketing and presentation of live events, which would help to revive the ailing music industry and ultimately benefit consumers. The lack of healthy competition in the primary market is a concern for consumer advocates, who claim that the near-monopoly power has created concerns among many that Live Nation will retaliate if venues go with a ticketing company other than their Ticketmaster operation, and in many cases exclusivity agreements, that can last 3-7 years, require Ticketmaster to be used.
On Tuesday, January 24, 2023, the U.S. Senate Judiciary Committee had a hearing on this issue, focusing specifically on Live Nation and Ticketmaster’s 2010 merger. U.S. Senators questioned Live Nation and raised potential solutions to the problems above, including non-exclusivity of contracts between venues and ticketing agents, in addition to placing price caps on tickets and working more closely with the Federal Trade Commission to stop speculative ticket sales.
Of note, in January 2017, Ireland’s Competition and Consumer Protection Commission (CCPC) launched an investigation into Ticketmaster Ireland. The CCPC concluded that, “Ticketmaster Ireland may have abused a dominant position in the market by entering into long term exclusive contracts with contractual partners and that these contracts may have restricted competition in the market.” In November 2020, Ticketmaster Ireland entered into an agreement with CCPC to remove exclusivity clauses from contracts with venues over the supply of ticketing services.
- Live event ticketing. Tickets purchased online are typically found on either primary ticket seller websites or on the secondary market. Primary ticket sellers, including Ticketmaster and AXS, work with event organizers to control ticket prices, and share revenue between the artists and the venue operators. The prices set in the primary market heavily affect the volume and value of tickets in the secondary market. Although the cost of tickets can fluctuate through dynamic pricing, tickets generally sell on the primary market with a face value that is below their market value. The number of tickets available is of necessity limited to the capacity of the venue, and of course are subject to sell outs.
The secondary market is where tickets purchased on the primary market are resold. Ticket prices are usually significantly higher when purchased from someone in the secondary market, especially for high demand or sold out concerts and sports games, as was seen last year for tickets to see Taylor Swift, Beyoncé, or the Sacramento Kings’ playoff games. Secondary market platforms not only serve as a way for consumers who are unable to use their tickets to have a relatively simple way of recouping their money, and potentially making a profit, by reselling them to someone else, they also are utilized by professional ticket brokers. These brokers operate as a business that purchases event tickets solely for the purpose of reselling them to maximize profit.
The platforms, for a fee, simply provide the infrastructure and technology that make up the marketplace for brokers and individuals to resell their tickets. Professional ticket brokers either enter into agreements with sports teams and promoters to have access to tickets for resale, or they compete with consumers in the primary marketplace, to purchase tickets that they intend to resell at a profit on the platforms. These secondary market platforms include StubHub, Vivid Seats, TickPicks, and SeatGeek, as well as resale platforms run by Ticketmaster and AXS.
According to a 2018 report by the United States Government Accountability Office (GAO), ticket brokers are dominating the resale marketplaces. They have a competitive advantage over individual consumers because they have the technology and resources to purchase large numbers of tickets as soon as they go on sale. Some consumer advocates, state officials, and event organizers believe that brokers unfairly use this advantage to obtain tickets from the primary market, which restricts ordinary consumers from buying tickets at face value. As a result, consumers may pay higher prices than they would if tickets were available on the primary market. In addition, some event organizers and primary ticket sellers have expressed frustration that the profits from the higher resale price are pocketed by brokers who had no role in creating or producing the event.
It is possible that brokers and others reselling tickets could list a ticket on multiple resale platforms at the same time, and choose to complete the transaction with the highest bidder. For digital ticket sales, where a paper ticket is not being mailed or delivered to the purchaser, it is unclear at what stage in the process the reseller can cancel the sale or choose to keep the ticket and offer a refund to the purchaser.
- Speculative ticket sales. A speculative ticket refers to instances in which a seller offers a ticket for sale on a secondary ticket exchange before the seller has the ticket in hand. In some cases, secondary sellers may not disclose the fact that they are selling speculative tickets. These practices harm consumers who either do not receive the tickets they purchased or receive tickets that differ from the ticket or seat advertised. Even if consumers receive refunds for the ticket price, they may have already incurred nonrefundable costs to attend the event, such as travel or hotel expenses.
For over a decade, secondary resale markets have allowed the sale of tickets that sellers do not actually possess. Specifically, speculative ticket sales work as follows, according to the Center for Investigative Reporting:
Brokers advertise inventory – sometimes a specific seat, sometimes a seating area – on a resale site, often at a price significantly higher than face value. When a customer selects tickets and checks out, [the site] prompts the broker to then attempt to acquire those tickets elsewhere at a lower price. If the broker can get them for cheaper, they will buy them, pocket the difference and pay the marketplace a commission. If they can’t, the broker will either have to make good on the initial offer and take a loss or renege on the sale.
Ticket brokers often refer to this practice as the equivalent of agreeing to stand in line for someone at the box office. They will buy tickets when they go on sale, so that the consumer does not have to wait in front of their computer constantly refreshing their web browser. However, the consumer is often not aware that they are buying a ticket that the seller does not possess, nor do they realize they are paying a premium price, significantly above the face value, for a ticket that they may or may not receive.
This practice creates considerable confusion for consumers who cannot purchase tickets from the primary box office because they have not gone on sale yet, but appear to be able to purchase tickets for a premium price on the secondary market. As a recent example, before the tickets for a Justin Timberlake concert scheduled for May in San Jose were officially on sale through Ticketmaster, they were advertised for sale on a number of secondary platforms. In fact, the first three websites at the top of an internet search were already selling tickets. The first website, StubHub, offered tickets for sale and nothing easily identifiable on the platform suggested that the tickets were speculative. The next website, VividSeats, indicated in the “notes” section that the tickets being purchased were a “seat saver” listing and that the purchaser will either receive the tickets or a full refund. The third website, “TicketsOffice.org” also did not advertise the tickets as speculative.
- Recent news. On Monday, March 31st, President Donald Trump signed an executive order to strengthen enforcement of the Better Online Ticket Sales (BOTS) act. Under the order, the Treasury Department, Department of Justice (DOJ), and the Federal Trade Commission (FTC) will deliver a report within 180 days summarizing the actions taken to address the issue of unfair practices in live concert and entertainment industry and will recommend additional regulations or legislation needed to protect consumers.
- Arguments in support. According to the Music Artists Coalition (MAC) in support, “MAC represents the interests of music creators in policy discussions that shape their careers and livelihoods. Our organization works across a range of issues to ensure artists have a voice at the table with issues that impact their careers, livelihoods, and legacies. As artists pour their heart and soul into creating meaningful live experiences for fans, they deserve fair and transparent ticketing practices. This legislation represents an important step toward protecting both artists and consumers from predatory Ticketing practices.
“We particularly support this bill's provisions banning speculative ticket sales. Speculative ticketing allows resellers to list tickets they don't actually possess, which leads to price inflation, potential fraud, and disrupts the artist-fan relationship. The bill's requirement that ticket sellers must own, possess, or have contractual rights to sell tickets before listing them is crucial to maintaining marketplace integrity and consumer protections.”
- Arguments in opposition. According to SeatGeek and TickPick in opposition, “When resale marketplaces are not allowed to compete for fans’ business – as they effectively would be by this proposed legislation – the market loses an important price discovery mechanism, including when resale prices fall below face value, a regular occurrence that venues and promoters are often eager to hide from ticket purchasers. Consumers have grown accustomed to accessing tickets in the manner and at the time of their choosing, such as shortly before or the same day of a show of game, which is often when demand declines and lower-priced tickets proliferate.
By sanctifying into law the event providers’ dictated terms and conditions with respect to resale, AB 1349 unfortunately will place limits not just on ticket resale platforms but also on the many California consumers who use these marketplaces every day. Consumers will foot the bill in the form of inconvenience, lack of choice, lack of control over tickets they purchased, and an overall worse purchasing experience. For this reason, states as diverse as New York, Colorado, Illinois, Connecticut, Virginia and Utah have enacted laws providing more protections for consumers to resell tickets on their platform of choice.”
- Triple-referral. Should the bill pass from this committee, it will be re-referred to the Assembly Committee on Privacy and Consumer Protection, followed by the Assembly Committee on Judiciary.
- Amendments and policy considerations. The intention of this bill is to address issues experienced with the sale and purchase of tickets to live entertainment events including concerts and professional sports. However, as defined, an entertainment venue may unintentionally include tickets for admission to amusement parks and fairgrounds. Due to this committee’s jurisdiction over these types of tourism venues, we are asking the author to accept amendments excluding them from the definition of “entertainment venue.”
- Prior and related legislation:
- AB 1291 (Lee), of 2025, would increases fines for licensing violations by ticket sellers. The bill is currently with the Assembly’s Committee on Arts, Entertainment, Sports, and Tourism.
- AB 2203 (McCarty), of 2024, would have required ticket sellers that sells admission tickets to sporting, musical, theater, or any other entertainment event, to immediately deliver a proof of purchase to a consumer, and would require a venue operator to honor that proof of purchase in lieu of the ticket if specified conditions are met. Died in the Senate Committee on Business, Professions, and Economic Development.
- AB 2808 (Wicks) of 2024, would have prohibited certain entertainment venue operators from entering into an exclusive contract with a primary ticket seller, among other requirements. Died in the Assembly Committee on Appropriations.
- AB 8 (Friedman), of 2023, would have required a ticket seller to disclose to a purchaser the total price of the ticket and the portion of that price that represents any fees or surcharges. The seller would have also been required to provide a link to an internet web page that includes certain refund requirements, as specified. Died in the Senate Committee on Appropriations.
- SB 478 (Dodd), Chapter 400, Statutes of 2023, made it an unlawful business practice pursuant to the Consumer Legal Remedies Act to advertise, display, or offer a price for a good or service that does not include all mandatory fees or charges other than taxes imposed by a government.
- SB 785 (Caballero), of 2023, would have updated laws regulating ticket sales by establishing new categories of ticket sellers, establishing requirements for different categories of ticket sellers, and increasing penalties for violations of rules governing ticket seller operations. Died on Assembly Third Reading.
- SB 829 (Wilk, 2023), would have prohibited the operator of an entertainment facility and a primary ticket seller from entering into a contract that provides for the primary ticket seller to be the exclusive ticket seller for the operator of the entertainment facility. Died in the Assembly Committee on Arts, Entertainment, Sports, and Tourism.
- AB 1556 (Friedman), Chapter 180, Statutes of 2021, requires, for cancelled events, that a refund be made within 30 calendar days of the cancellation. Requires a ticket price at any event which is postponed, rescheduled, or replaced with another event at the same date and time be fully refunded to the purchaser by the ticket seller upon request within 30 calendar days of the refund request.
- AB 1032 (Quirk) Chapter 105, Statutes. 2019) bolstered anti-bot provisions enacted by AB 329, described below, by clarifying that “a control or measure used to ensure an equitable ticket buying process” includes limits on the number of tickets that a person can purchase.
- SB 1001 (Hertzberg), Chapter 892, Statutes of 2018, prohibits a person from using of a bot to communicate or interact with another person in California online with intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election.
- AB 329 (Pan), Chapter 325, Statutes of 2013, made it a misdemeanor to intentionally use or sell software to circumvent a security measure, access control system, or other control or measure on a ticket seller’s Internet Web site that is used to ensure an equitable ticket buying process.
REGISTERED SUPPORT / OPPOSITION:
Support
Cafe du Nord/Swedish American Hall
HopMonk Tavern
Music Artists Coalition
National Independent Venue Association of California
Opposition
Coalition for Ticket Fairness
SeatGeek
StubHub, Inc.
TickPick
Vivid Seats, LLC
Analysis Prepared by: Brian V. Anderson, Jr. / A.,E.,S., & T. / (916) 319-3450
Discussed in Hearing
4MIN
Assembly Floor
12MIN
Senate Standing Committee on Judiciary
19MIN
Senate Standing Committee on Privacy, Digital Technologies, and Consumer Protection
18MIN
Senate Standing Committee on Business, Professions and Economic Development
8MIN
Assembly Floor
25MIN
Assembly Standing Committee on Judiciary
32MIN
Assembly Standing Committee on Privacy and Consumer Protection
25MIN
Assembly Standing Committee on Arts, Entertainment, Sports, and Tourism
Bill Author
