Bill Text: NJ S4471 | 2026-2027 | Regular Session | Introduced
Bill Title: "Ticket Fairness and Transparency Act."
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-06-15 - Introduced in the Senate, Referred to Senate Commerce Committee [S4471 Detail]
Download: New_Jersey-2026-S4471-Introduced.html
Sponsored by:
Senator BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
SYNOPSIS
"Ticket Fairness and Transparency Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale and resale of tickets and amending and supplementing P.L.1983, c.135.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the "Ticket Fairness and Transparency Act."
2. (New section) The Legislature finds and declares that hidden fees; speculative ticket sales; automated software used to purchase tickets; artificial ticket inventory restrictions; excessive ticket resale markups; and opaque dynamic pricing practices have undermined consumer confidence in the New Jersey ticket marketplace and necessitate enhanced transparency and consumer protections.
3. Section 2 of P.L.1983, c.135 (C.56:8-27) is amended to read as follows:
2. No ticket broker shall engage in or continue in the business of reselling tickets for admission to a place of entertainment without meeting the following requirements:
a. Owning, operating or maintaining a permanent office, branch office, bureau, agency, or other place of business, not including a post office box, for the purpose of reselling tickets;
b. Obtaining a certificate of registration to resell or engage in the business of reselling tickets from the director;
c. Listing the ticket broker's registration number in any form of advertisement or solicitation in which tickets are being sold for the purpose of purchase by the general public for events in this State;
d. Maintaining records of ticket [sales, deposits and refunds] inventory; pricing; ticket transfers; fees; and ticket ownership verification for a period of not less than [two] five years from the time of any of these transactions;
e. Disclosing to the purchaser, by means of verbal description or a map, the location of the seats represented by the tickets;
f. Disclosing to the purchaser the cancellation policy of that broker;
g. Disclosing that a service charge is added by the ticket broker to the stated price on the tickets and is included by the broker in any advertisement or promotion for an event;
h. Disclosing to the purchaser, whenever applicable, that the ticket broker has a guarantee policy. If a ticket broker guarantees delivery of tickets to a purchaser and fails to deliver the tickets, the ticket broker shall provide a full refund for the cost of the tickets;
i. [Disclosing to the purchaser of tickets when he is utilizing a tentative order policy, popularly known as a "try and get." When a ticket broker fails to obtain tickets on a "try and get" basis, the broker shall refund any deposit made by a purchaser of those tickets within a reasonable time, as shall be determined by the director;] (Deleted by amendment, P.L. , c. (C. ) (pending before the Legislature as this bill)
j. When guaranteeing tickets in conjunction with providing a tour package, a ticket broker who fails to provide a purchaser with those tickets shall refund fully the price of the tour package and tickets; [and]
k. Providing to a purchaser of tickets who cancels an order a full refund for the cost of the tickets less shipping charges, if those tickets are returned to the broker within three days after receipt; provided, that when tickets are purchased within seven days of an event, a refund shall be given only if the tickets are returned within one day of receipt; and further provided, that no refund shall be given on any tickets purchased within six days of an event unless the ticket broker is able to resell the tickets; and
l. Verifying ownership of a ticket prior to offering the ticket for resale.
(cf: P.L.2021, c.394, s.2)
4. Section 8 of P.L.1983, c.135 (C.56:8-33) is amended to read as follows:
8. a. The seller of a ticket shall notify a ticket purchaser of the purchase price of a ticket prior to the purchase of that ticket from that ticket seller by that purchaser. The notice shall include all fees, which shall not exceed 10 percent of the face value of a ticket, added to the price of the ticket. No fee shall be charged on a tax that is added during the sale of a ticket.
b. No reseller [other than a registered], ticket broker, or ticket resale website shall resell or purchase with the intent to resell a ticket for admission to a place of entertainment at a maximum premium in excess of [20%] 20 percent of the ticket price [or $3.00, whichever is greater, plus lawful], including any fees charged in addition to the ticket price but excluding taxes added during the purchase of the ticket. [No registered ticket broker shall resell or purchase with the intent to resell a ticket for admission to a place of entertainment at a premium in excess of 50% of the price paid to acquire the ticket, plus lawful taxes.]
c. [Notwithstanding the provisions of subsection a. or b. of this section, nothing shall limit the price for the resale or purchase of a ticket for admission to a place of entertainment sold by any reseller other than a registered ticket broker, provided such resale or purchase is made through an Internet web site.] (Deleted by amendment, P.L. , c. (C. ) (pending before the Legislature as this bill)
(cf: P.L.2018, c.117, s.2)
5. Section 9 of P.L.1983, c.135 (C.56:8-34) is amended to read as follows:
9. a. No person shall resell or purchase with the intent to resell any ticket, in or on any street, highway, driveway, sidewalk, parking area, or common area owned by a place of entertainment in this State, or any other area adjacent to or in the vicinity of any place of entertainment in this State as determined by the director; except that a person may resell, in an area which may be designated by a place of entertainment in this State, any ticket or tickets originally purchased for his own personal or family use at no greater than the lawful price permitted under P.L.1983, c.135 (C.56:8-26 et seq.).
b. Notwithstanding any other provision of law, any reseller or ticket resale website shall guarantee to each purchaser of resold tickets that the reseller or ticket resale website will provide a full refund of the amount paid by the purchaser, including, but not limited to, all fees, regardless of how characterized, if any of the following occurs:
(1) the event for which that ticket has been resold is cancelled, provided that if the event is cancelled, then actual handling and delivery fees need not be refunded as long as that previously disclosed guarantee specifies that those fees will not be refunded; or
(2) the ticket received by the purchaser does not grant the purchaser admission to the event described on the ticket, for reasons that may include, but are not limited to, that the ticket is counterfeit, the ticket has been cancelled by the ticket issuer due to non-payment, or the event described on the ticket was cancelled for any reason prior to purchase of the resold ticket, unless the ticket is cancelled due to an act or omission by that purchaser.
c. [(1) No reseller shall employ a tentative ticket policy whereby the reseller sells tickets that are not in the reseller's possession at the time of sale, unless that policy is disclosed to a ticket purchaser at the outset of the transaction. That disclosure shall include an approximate delivery date and the number of tickets that are guaranteed together, including the zone or section number. If the reseller is unsuccessful in securing those tickets, the reseller shall refund any deposit made by a purchaser of those tickets within 10 days after the event.
(2) A reseller shall not sell a ticket for the same seat to more than one person at the same time.] (Deleted by amendment, P.L. , c. (C. ) (pending before the Legislature as this bill)
d. No person shall use or cause to be used any means, method or technology that is designed, intended or functions to disguise the identity of the purchaser with the purpose of purchasing or attempting to purchase a quantity of tickets to a place of entertainment in excess of authorized limits established by a ticket issuer.
e. No person shall use or cause to be used software, or any other technology or device, that is designed, intended or functions to interfere with a computer, computer network, or computer system, or any part thereof, for the purpose of purchasing or attempting to purchase or obtain access to a quantity of tickets to a place of entertainment in excess of authorized limits established by a ticket issuer, or that is designed, intended or functions to circumvent or disable any access control systems, electronic queues, waiting periods or other sales volume limitation systems to ensure the equitable distribution of tickets instituted on the website of the ticket issuer. A ticket issuer, reseller, ticket broker, or ticket resale website shall disclose to the general public the methodology used to place a purchaser of a ticket in an electronic queue to purchase a ticket, including: (1) if randomization is used; (2) if sponsors or preferred customers receive priority access; and (3) if a presale grants priority access.
f. A ticket issuer, reseller, ticket broker, or ticket resale website shall not sell a ticket for the same seat to more than one person at the same time.
g. A ticket shall not be listed for resale by a reseller, ticket broker, or ticket resale website until at least 24 hours after completion of the primary sale to the public.
h. No tickets shall be sold or resold by a ticket issuer, reseller, or ticket resale website if the ownership of the original ticket has not been verified.
i. A minimum resale price shall not be established for tickets sold by a primary seller to a ticket broker or reseller, or posted on a ticket resale website.
j. A ticket issuer, ticket broker, reseller, and ticket resale website shall not advertise or display ticket scarcity or demand indicators unless verifiable data demonstrating scarcity or demand is available to disclose to the general public.
(cf: P.L.2018, c.117, s.2)
6. (New section) a. A ticket issuer shall disclose to the public the number of tickets that will be offered by the issuer to the general public at least seven days prior to the sale.
b. (1) If there is an additional release of tickets, the ticket issuer shall update the amount of tickets available to sell.
(2) Any change to the amount of tickets available to sell that increases or decreases the available amount by five percent shall be disclosed to the general public by the ticket issuer within 24 hours.
c. A ticket issuer shall disclose to the general public the number of tickets held back, reserved, or set aside by or for an organizer or a sponsor of an event, or a performer.
d. No event shall be advertised by a ticket issuer as "sold out" if additional ticket inventories remain reserved, held back, or are scheduled for a release at a later time, unless the remaining tickets are to be sold or donated to a nonprofit organization or a school, or for an auction run by a charitable organization.
e. A purchaser of tickets shall be limited to purchasing no more than eight tickets for an event at the time of the primary sale to the general public, unless expressly authorized to purchase more tickets by the organizer of the event for which the tickets are being sold.
f. A ticket issuer shall be required to disclose the following presales and the number of tickets allocated to each:
(1) fan clubs;
(2) credit cards;
(3) sponsors;
(4) artists; and
(5) VIPs.
g. For the purposes of this section:
"Held back" means when a block of tickets is deliberately withheld by a ticket issuer during an initial sale of tickets.
"Reserved" means when a purchaser secures a ticket by paying all costs upfront or placing a temporary hold on the ticket before finalizing the purchase.
7. (New section) a. A ticket issuer may engage in dynamic pricing if:
(1) the issuer discloses to the general public that dynamic pricing will be used during ticket sales; and
(2) the original ticket price, the current dynamic price, and the percentage difference between the prices is posted during an online ticket sale, including sales on mobile phones.
b. A dynamic price shall not exceed 20 percent of the original ticket price, including fees charged in addition to the ticket price but excluding taxes added during the purchase of the ticket.
c. A place of entertainment in the State that is publicly funded shall not engage in dynamic pricing.
d. For the purposes of this section, "dynamic pricing" means flexible pricing in real-time that may increase the price of a ticket based on the demand at the time of the potential sale.
8. (New section) If an event is canceled, a ticket issuer shall process full refunds, including all fees, within 30 days of the cancellation.
9. (New section) A ticket issuer, reseller, and ticket resale website shall maintain the following records, if applicable, for not less than five years:
a. ticket inventory;
b. pricing;
c. ticket transfers;
d. fees;
e. dynamic pricing adjustments; and
f. ticket ownership verification.
10. (New section) A ticket broker, reseller, ticket issuer, or ticket resale website shall not take any retaliatory action against an employee of the broker, reseller, issuer, or resale website because the employee reports a violation or alleged violation of P.L. , c. (C. ) (pending before the Legislature as this bill).
11. (New section) a. A violation of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be an unlawful practice pursuant to and a violation of P.L.1960, c.39 (C.56:8-1 et seq.).
b. Each ticket sold; publicly listed or advertised; or transferred in violation of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be considered a separate offense.
c. (1) An individual in violation of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be liable to a penalty of up to $1,000 per ticket for a first offense; up to $2,500 per ticket for a second offense; and up to $5,000 per ticket for each subsequent offense.
(2) A business in violation of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be liable to a penalty of up to $25,000 for a first offense; up to $50,000 for a second offense; and up to $100,000 for each subsequent offense.
(3) An additional penalty of $250,000 per occurrence may be authorized by a court of competent jurisdiction if the court finds the conduct so egregious as to justify the penalty.
d. A purchaser of a ticket sold in violation of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be entitled to a full refund and any additional remedies available under P.L.1960, c.39 (C.56:8-1 et seq.).
e. A ticket issuer, ticket broker, reseller, and ticket resale website shall be jointly liable for any violations of P.L. , c. (C. ) (pending before the Legislature as this bill) in which parties knowingly participated in or facilitated violations together.
f. (1) An individual or business using automated ticket-buying software, otherwise known as a "ticket bot," that causes a violation of P.L. , c. (C. ) (pending before the Legislature as this bill) shall:
(a) for individuals, be liable to a civil penalty of up to $10,000 per violation; and
(b) for businesses, be liable to a civil penalty of $100,000 per violation.
(2) An individual or business using automated ticket-buying software that causes a second violation of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be prohibited from selling or reselling tickets in the State.
g. Upon a violation or alleged violation of P.L. , c. (C. ) (pending before the Legislature as this bill):
(1) the Attorney General shall have the authority to:
(a) investigate and subpoena records of the individual or business who sold or resold a ticket to a purchaser and violated or is alleged to have violated P.L. , c. (C. ) (pending before the Legislature as this bill);
(b) audit the violating or alleged violating individual or business;
(c) seek an injunction against an individual or business committing or alleged to have committed wrongdoing; and
(d) recommend an additional penalty of up to $250,000 per occurrence as established pursuant to paragraph (3) of subsection c. of this section; and
(2) the State Comptroller shall have the same authority granted to the Attorney General in subparagraph (a) of paragraph (1) of this subsection.
h. A county prosecutor may pursue enforcement action against an individual or business found in violation of P.L. , c. (C. ) (pending before the Legislature as this bill).
12. (New section) The Division of Consumer Affairs, in the Department of Law and Public Safety, shall establish an online portal to disclose and maintain the following data:
a. enforcement actions taken and penalties imposed pursuant to section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
b. ticket broker registrations and suspensions pursuant to section 6 of P.L.1983, c.135 (C.56:8-31).
13. (New section) No ticket issuer, ticket broker, reseller, ticket resale website, or employees of such parties shall evade the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill) through the use of subsidiaries; affiliates; shell entities; algorithms; alternate sales channels; or other arrangements designed to circumvent the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
14. (New section) Any contractual provision purporting to waive or limit a consumer's rights under P.L. , c. (C. ) (pending before the Legislature as this bill) shall be deemed void and unenforceable.
15. (New section) A Ticket Consumer Protection Fund shall be created within the Division of Consumer Affairs using penalties collected pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) to provide consumer education and restitution.
16. (New section) The Division of Consumer Affairs shall submit a report annually to the Governor and Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), with the following findings:
a. complaints received;
b. investigations opened;
c. penalties assessed;
d. ticket broker registrations;
e. ticket inventory disclosures; and
f. enforcement actions against ticket bots.
17. (New section) The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall apply to tickets advertised and sales or transfers made in-person, online, through a mobile application, by telephone, or through other means.
18. (New section) The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be severable, and if any of its provisions shall be held to be invalid, the remaining provisions shall be in effect.
19. The Director of Consumer Affairs may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
20. This act shall take effect on the 180th day after the date of enactment and shall apply to ticket sales and resales made on or after the effective date.
STATEMENT
This bill establishes the "Ticket Fairness and Transparency Act."
Specifically, the bill amends current law by requiring ticket brokers to verify ownership of tickets prior offering tickets for resale. Additionally, a seller of a ticket is to provide, as part of the notice to purchasers regarding price, all fees, which cannot exceed 10 percent of the face value of the ticket. A fee is also prohibited from being charged on a tax adding during the sale of a ticket. Tickets cannot be resold by a ticket broker, reseller, or ticket resale website in excess of 20 percent of the ticket price, including fees charged to the purchaser but excluding any taxes added during the sale. The bill also removes the ability for a ticket broker to employ a tentative order policy, popularly known as a "try-and-get," and for a reseller to employ a tentative ticket policy.
Under the bill, ticket issuers, resellers, ticket brokers, and ticket resale websites are required to disclose to the general public the methodology used to place a purchaser of a ticket in an electronic queue. The parties are also prohibited from selling more than one ticket for the same seat and from reselling a ticket if the ownership of the ticket is not verified. Tickets for resale to an event may not be listed by a ticket broker, reseller, or ticket resale website until 24 hours after completion of a primary sale. The bill prohibits the establishment of a minimum resale price for tickets sold by a ticket issuer to a ticket broker or reseller, or posted on a ticket resale website. Moreover, ticket brokers, resellers, and ticket resale websites cannot advertise or display ticket scarcity or demand indicators unless verifiable data demonstrating scarcity or demand is available to disclose to the general public.
The bill requires various disclosures by ticket issuers. The disclosures include: 1) the number of tickets to be offered for an event at least seven days in advance of the sale and, if there is an additional release of tickets, the number of tickets available after the release; 2) various types of presales including fan clubs, sponsors, and VIPs; and 3) the number of tickets to be held back, reserved, or released for a later time. The bill also prohibits: 1) a ticket issuer from advertising an event as "sold out" if additional ticket inventories remain reserved, held back, or are to be released at a later time and 2) a purchaser of tickets from purchasing more than eight tickets for an event unless otherwise authorized to purchase more.
Under the bill, ticket issuers may use dynamic pricing if the issuer discloses to the general public that dynamic pricing will be used. "Dynamic pricing" is defined in the bill to mean flexible pricing in real-time that may increase the price of a ticket based on the demand at the time of the potential sale. When dynamic pricing is used, a ticket issuer is required to show the original price, the dynamic price, and the percentage difference between the prices. A dynamic price is to not exceed 20 percent, including fees charged to the purchaser but excluding any taxes added during the sale. A place of entertainment in the State that is publicly funded is to not engage in dynamic pricing.
Additionally, the bill requires ticket issuers, resellers, ticket brokers, and ticket resale websites to maintain records for five years on, if applicable: 1) ticket inventory; 2) pricing; 3) ticket transfers; 4) fees; 5) dynamic pricing adjustments; and 6) ticket ownership verification. Ticket issuers, resellers, ticket brokers, and ticket resale websites are prohibited from using subsidiaries; affiliates; shell entities; algorithms; and other sources to evade the requirements of the bill. Moreover, employees of any of these parties are granted protection from retaliatory actions if the employee reports a violation or alleged violation of the bill.
The bill establishes various penalties for violations of its provisions. A violation is deemed an unlawful practice pursuant to a violation of the consumer fraud act. Each ticket sold, publicly listed, advertised, or transferred in violation of the bill is a separate offense for purposes of the penalties in the bill. For a first offense, an individual is liable to a penalty of up to $1,000 and a business is liable to a penalty of up to $25,000. An additional penalty of $250,000 per occurrence may be recommended by the Attorney General and imposed by a court of competent jurisdiction for egregious conduct. The use of a "ticket bot" to violate a provision of the bill makes an individual liable to a civil penalty of up to $10,000 per violation and a business liable to a civil penalty of up to $100,000 per violation. The Attorney General is authorized to investigate and subpoena records of individuals and businesses who violated or are alleged to have violated the bill, as is the State Comptroller.
The Division of Consumer Affairs, in the Department of Law and Public Safety, is to establish an online portal to disclose and maintain data on: 1) enforcement actions taken and penalties imposed; and 2) ticket broker registrations and suspensions. The bill also establishes a Ticket Consumer Protection Fund within the division to be funded by penalties collected for violations of the bill, which is to be used to education consumers and provide restitution.
The bill also stipulates that: 1) its provisions apply to tickets advertised and sales or transfers made in-person, online, through a mobile application, by telephone, or through other means; 2) any contractual provision purporting to waive or limit a consumer's rights granted under the bill are to be deemed void and unenforceable; and 3) if provisions of the bill are deemed invalid, the remaining provisions remain in effect. Lastly, a report is to be issued annually by the Division of Consumer Affairs to the Governor and Legislature. The findings are to include information on, among other items, complaints received; penalties assessed; and ticket broker registrations.
