SF4868

Purpose

The bill aims to protect Minnesota consumers from deceptive or unfair practices in buying tickets through resellers and online marketplaces. It would require clear, upfront disclosures of all costs, restrict how resale prices can be shown, and create tools for consumers to seek remedies if they are harmed. It also adds reporting on enforcement activity to lawmakers.

main provisions

• Definitions (who and what is covered)

  • Broad definitions for key terms: Broadway show or Broadway touring engagement; commissioner; entertainment; online ticket marketplace; operator; place of entertainment (note: excludes movie theaters); ticket reseller; URL.
  • clarifies that the term place of entertainment is where performances or events occur, not movie theaters.
  • defines who counts as a ticket reseller and what counts as an online ticket marketplace.

• Required disclosures during ticket listings and purchase

  • Operators, ticket resellers, and online marketplaces must disclose, in dollars, at all times during listing and purchase:
  • the total cost of the ticket (including all fees and surcharges) to purchase the ticket
  • the portion of the price that is a service charge
  • any other fee or surcharge
  • They must also disclose, in dollars:
  • the original purchase price (including all fees and surcharges)
  • the percentage markup above the original price (including all fees and surcharges)
  • Disclosures must be not false or misleading and must not be displayed more prominently than the total price. Subtotals and fees can be shown, but must not be emphasized to hide the total.
  • The price shown to a buyer cannot increase after the first display to that buyer, except for reasonable delivery fees for non-electronic tickets and any additional purchases clearly disclosed before payment.
  • The website must clearly state:
  • it is owned or operated by a ticket reseller or online marketplace
  • resale tickets may be higher or lower than the original price
  • buyers should check with the event venue for changes or cancellations and review the reseller’s refund policy
  • Buyers must confirm they have read these disclosures before completing the transaction.
  • The reseller/marketplace must provide proof of purchase within 24 hours, including event details and the refund policy.

• Branding and non-infringement protections

  • Online marketplaces may not imitate the branding (texts, images, designs, or domain/URLs) of a place of entertainment without written permission, though they may use the place/event name to describe the event location.
  • They may show information about the specific seat or area.

• Ownership threshold and applicability

  • The disclosure and price rules apply to those whose annual aggregate transactions reach a threshold of 5,000; below that, the requirements may not apply.

• Price limitation (price cap) on resale

  • A ticket reseller or online marketplace cannot resell a ticket for more than 115% of the original purchase price (including fees).
  • The price cap does not apply to:
  • professional or collegiate sporting events
  • Broadway shows or Broadway touring engagements

• Private right of action and remedies

  • Any person injured by a violation can sue (private right of action).
  • The court can award:
  • actual, incidental, and consequential damages
  • statutory damages of at least $500 per violation
  • costs, disbursements, and reasonable attorney fees
  • injunctive relief
  • These remedies are cumulative with other laws.

• Reporting on enforcement

  • By January 15, 2028, the commissioner of commerce, in consultation with the attorney general, must report to legislators on enforcement activity under these provisions, using existing resources.

Significant changes to existing law

• Introduces a broad set of mandatory disclosure requirements for ticket listings and purchases by resellers and online marketplaces.
• Establishes a price cap (115% of original price) with explicit broad exceptions for Broadway shows and sporting events.
• Creates a private right of action for consumers, with damages and attorney fees, expanding enforcement beyond administrative actions.
• Adds a formal enforcement and activity reporting requirement to lawmakers.

Notes on terminology (key terms from the bill)

• ticket resale, online ticket marketplace, ticket reseller, operator, place of entertainment, Broadway show, Broadway touring engagement, original purchase price, total cost, service charge, fees and surcharges, markup, resale price, 115 percent limit, private right of action, statutory damages, injunctive relief, proof of purchase, disclosure, refund policy, annual aggregate transactions.

Relevant Terms - ticket resale, online ticket marketplace, ticket reseller, operator, place of entertainment, Broadway show, Broadway touring engagement, total cost, original purchase price, service charge, fees and surcharges, markup, resale price, 115 percent, private right of action, statutory damages, injunction, proof of purchase, refund policy, annual aggregate transactions.