ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: COM DP 9-1-0-0 | 3^rd Read 43-15-1-0-1 Senate: FICO DPA 5-0-2-0 | 3^rd Read 22-5-3-0-0

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HB 2040: event online ticket sales

Sponsor: Representative Cook, LD 7

Senate Engrossed

Overview

Outlines prohibitions relating to using or creating a bot to make certain online ticket sale purchases.

History

Pursuant to A.R.S § 13-3718, it is unlawful for a person to sell an entertainment event ticket, which was purchased with the intent to resale, for a price that exceeds the face value, including taxes and other charges, while being within 200 feet of entry to the venue where the event is being held or the venues parking area. Additionally, it is unlawful to alter a ticket's printed price without the original vendor's written consent. Persons found in violation are subject to a petty offense.

Provisions

1. Prohibits a person from using or creating a bot to:

a) purchase tickets in excess of the listed limit for an online ticket sale;

b) use multiple internet protocol addresses, multiple purchaser accounts or multiple email addresses to purchase tickets in excess of the posted limit for an online ticket sale;

c) circumvent or disable an electronic queue, waiting period, presale code or other sales volume limitation system associated with online ticket sale;

d) circumvent or disable a security measure, access control system or other control or measure that is used to facilitate authorized entry to an event. (Sec 1)

2. Permits the Attorney General (AG) to investigate a claim that a person violated laws relating to event online ticket sales. (Sec 1)

3. Stipulates the AG may bring action to restrain or enjoin the person who is violating event online ticket sales laws. (Sec. 1)

4. Allows the AG to seek restitution and petition a superior court for the assessment of a civil penalty. (Sec 1)

5. Specifies a person who knowingly violates event online ticket sales laws is liable for a civil penalty of up to $10,000 for each violation. (Sec 1)

6. Specifies each ticket transaction in which a ticket is acquired to be sold in violation of event online ticket sales laws constitutes a separate violation for the purpose of assessing a civil penalty. (Sec 1)

7. Specifies a person cannot be subject to a civil penalty of more than $100,000 if the person violates a court order or injunction issued to enforce event online ticket sales laws. (Sec. 1)

8. Specifies the AG may recover all reasonable costs of bringing an action. (Sec 1)

9. Defines pertinent terms. (Sec. 1)

Senate Amendments

1. Clarifies that a bot cannot be used to circumvent or disable a security measure or access control system that is used to validate that the ticket is not fraudulent rather than that is used to facilitate authorized entry to an event.

2. Adds that violations of event online ticket sale prohibitions constitute an unlawful practice under the consumer fraud statutes.

3. Restates that the AG may investigate, take appropriate action and assess civil penalties in accordance with consumer fraud statutes.

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7.                   HB 2040

8. Initials PB           Page 0 Senate Engrossed

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