(1) [ Editor's
note: This version of the introductory portion to subsection (1) is effective until
January 1, 2026. ] A person engages in a deceptive trade practice when, in the
course of the person's business, vocation, or occupation, the person:
(1) [ Editor's note: This version of the introductory portion to subsection (1) is
effective January 1, 2026. ] Notwithstanding section 6-1-737, a person engages in a
deceptive trade practice when, in the course of the person's business, vocation, or
occupation, the person:
(a) Uses or causes to be used a software application that runs automated
tasks over the internet to access a computer, computer network, or computer
system, or any part thereof, for the purpose of purchasing tickets in excess of
authorized limits for an online event ticket sale with the intent to resell such tickets;
(b) Uses or causes to be used a software application that runs automated
tasks over the internet that circumvents or disables any electronic queues, waiting
periods, or other sales volume limitation systems associated with an online event
ticket sale;
(c) Uses or causes to be used an internet domain name or subdomain name in
an operator's or reseller's URL if the internet domain name or subdomain name
used contains any of the following without prior written authorization:
(I) The name of the place of entertainment;
(II) The name of the event, including the name of the individual or entity
scheduled to perform or appear at the event; or
(III) A name substantially similar to those described in subsections (1)(c)(I)
and (1)(c)(II) of this section;
(d) Uses or causes to be used, without prior written authorization, an internet
website to display a text, image, website graphic, website design, or internet
address that individually or in combination is substantially similar to an operator's
internet website in a manner that could reasonably be expected to mislead a
potential purchaser;
(e) (I) Sells a ticket to an event at a place of entertainment without disclosing
the total ticket cost, inclusive of all ancillary fees that must be paid in order to
purchase the ticket, the first time a price is displayed to the purchaser and anytime
the price is displayed thereafter.
(II) A person is not required to include the amount of any sales tax required
to purchase a ticket when disclosing the total cost of a ticket to a purchaser in
accordance with subsection (1)(e)(I) of this section if the person discloses the
amount of any sales tax to the purchaser prior to completion of the transaction.
(f) Sells a ticket to an event at a place of entertainment without disclosing in
a clear and conspicuous manner the portion of the ticket cost that represents a
service charge for the purchase or other fee or surcharge for the purchase;
(g) Makes a false or misleading disclosure to a purchaser of subtotals, fees,
charges, or any other component of the total price of a ticket;
(h) Presents subtotals, fees, charges, or any other component of the total
price of the ticket more prominently or in a font size that is larger than the font size
used to present the total price of the ticket; or
(i) Increases the total price of a ticket after the first time a price is displayed
to the purchaser; except that the person:
(I) Shall add any applicable sales tax to the total price of a ticket prior to the
completion of the transaction by the purchaser;
(II) May add fees for the delivery of nonelectronic tickets based on delivery
to the purchaser's address or the delivery method selected by the purchaser if the
person discloses the amount of each delivery fee prior to accepting payment; and
(III) May increase the total price of a ticket if the purchaser's transaction
period has timed out and the purchaser has not yet purchased the ticket.
(2) As used in this section, unless the context otherwise requires:
(a) In excess of authorized limits means exceeding a restriction on the
number of individual tickets that can be purchased by a single person or
circumventing any other terms and conditions of access to an online event ticket
sale established by the operator.
(b) Internet domain name means a globally unique, hierarchical reference
to an internet host or service that is:
(I) Assigned through a centralized internet naming authority; and
(II) Composed of a series of character strings separated by periods with the
rightmost string specifying the top of the hierarchy.
(c) Online event ticket sale means a process utilized by the operator to
make an original sale of tickets to the event to the public over the internet.
(d) URL means a uniform resource locator for a website on the internet.
(2.5) Definitions in section 6-1-718 (1) apply to terms as they are used in this
section.
(3) This section shall not prohibit the resale of tickets in a secondary market
by a person other than the event sponsor or promoter.
(4) Every ticket acquired in violation of this section shall constitute a
separate violation for purposes of assessing a civil penalty under section 6-1-112
(1)(a) and (1)(b).