Colorado state Sen. Robert Rodriguez wants people to feel the music — and not fight robots, navigate pre-sale scalpers or worry about hidden fees when they do it.
The Democrat from Denver said his newly introduced bill, SB23-060, intends to promote transparency and “consumer-friendly” practices for event-goers.
As written, the bill expands the definition of deceptive trade practices to include the use of automation to buy tickets or circumvent limits, selling tickets without being upfront about all the fees, and increasing ticket prices once they have been selected.
The ban on automation would be staking a line in the sand saying it’s not allowed and potentially giving venues a way of going after it. Enforcement would fall to district attorneys and the Colorado Attorney General’s Office, though Rodriguez noted that bot farms are an international phenomenon.
“I’m just about trying to help people that want to go to a concert to go to a concert,” Rodriguez said.
The bill is still being worked on, he said, but has so far garnered some early support from Denver Arts and Venues, which operates Red Rocks Amphitheatre and other city-owned venues, and promoter Live Nation, according to lobbying records.
Brian Kitts, a spokesperson for Denver Arts and Venues, said its staff has been helping craft the bill and “supports the legislation as it benefits fans at all city-owned venues including Red Rocks Amphitheatre.”
Rodriguez said he hopes to address issues with resellers falsely advertising their wares, including speculative ticketing — or selling tickets the reseller hasn’t actually acquired yet. He said he’s personally paid for tickets that he didn’t receive.
But one advocacy group worries the bill as written would end up giving ticket sellers like Ticketmaster too much power.
Brian Hess, executive director of the Sports Fans Coalition and part of the Break-Up Ticketmaster Coalition, said the bill as written could give Ticketmaster unilateral power to undo third-party sales by labeling them deceptive.
Hess called third-party resales “the cornerstone to any pro-fan ticketing policy.” Colorado’s current regulations are a gold standard that he encourages other states to adopt, Hess said.
This proposal makes businesses like Ticketmaster “judge, jury and executioner of all tickets,” he said.
Rodriguez said he intends for those ticket issues to be enforced by the venues. When it comes to live events, “there are so many hands in this cookie jar,” Rodriguez said, that he just wants to see more transparency for consumers. He plans more stakeholder meetings to smooth out that intent.
Hess isn’t all-out opposed, though he worries harm to third-party markets could overshadow other good it does. He supports the bill’s price transparency on fees. It helps consumers to cross-compare tickets on resale markets — many of which use things like timers to add pressure to buy — and is just more upfront, he said.
“If this bill was just all-in pricing, we’d have no qualms,” Hess said. “But if this bill passes as it’s being proposed, any good that’s in this bill will be undone by giving Ticketmaster more power.”
He said he hopes to work with Rodriguez on the provision.
Ticketmaster is the world’s largest ticket seller, according to the Associated Press. It processes more than 500 million tickets annually in more than 30 countries. It sells about 70% of tickets for major concert venues in the United States, according to data in a federal lawsuit filed last year and cited by the AP.
Ticketmaster merged with Live Nation in 2010. Live Nation supports the bill. Spokesperson Ashley Jones said in a statement the bill “will deliver much-needed ticketing reforms for artists and fans.” Jones cited its provisions for transparent pricing, a ban on speculative ticketing and deceptive websites, anti-bot rules and protections for charitable and ADA tickets.
“Anyone opposing these simple reforms has an agenda to keep tickets flowing to scalpers and the secondary market,” Jones said in the statement.
The bill also arises as federal lawmakers hold hearings into Ticketmaster and the debacle around the sale of tickets to pop star Taylor Swift’s upcoming tour. Rodriguez said it’s not aimed at that breakdown specifically, though it brings extra attention to event ticketing processes. Some of those issues may need to be looked at federally, he said.
“I do know a lot of people that got messed up on (Taylor Swift tickets),” Rodriguez said. “My bill is more about transparency and consumer protections.”
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