Code of Virginia

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Code of Virginia
Title 59.1. Trade and Commerce
Subtitle .
Chapter 38.2. Ticket Resale Rights Act
5/19/2024

Chapter 38.2. Ticket Resale Rights Act.

§ 59.1-466.5. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Event" means any professional concert, live entertainment event, professional sporting or athletic event, or professional theatrical production open to the public for which tickets are ordinarily sold.

"Internet ticketing platform" means a marketplace or exchange that enables consumers to purchase and sell tickets to events.

"Operator" means a person or subsidiary thereof that owns, operates, or controls a place of entertainment.

"Primary ticket provider" means a provider of ticketing services, or an agent of such provider, that engages in the original sale of tickets for an event.

"Purchaser" means an individual who purchases a ticket to an event.

"Resale" means the sale of a ticket other than the original sale of a ticket by a primary ticket provider.

"Reseller" means a person that sells or offers to sell tickets for resale.

"Rights holder" means any person or entity that has the initial ownership rights to sell a ticket to an event for which tickets for entry by the public are required and does not include a primary ticket provider unless the primary ticket provider is also the rights holder.

"URL" means the Uniform Resource Locator associated with an online website.

2017, cc. 261, 268; 2023, cc. 304, 305.

§ 59.1-466.6. Ticket resale limitations; prohibition; exception.

A. No person that issues tickets for admission to an event shall issue any such ticket solely through a delivery method that substantially prevents the purchaser of the ticket from lawfully reselling the ticket on the Internet ticketing platform of the ticket purchaser's choice.

B. No person shall be discriminated against or denied admission to an event solely on the basis that the person resold a ticket, or purchased a resold ticket, on a specific Internet ticketing platform.

C. This section shall not apply to (i) student tickets issued for an event at an auxiliary enterprise facility financed with bonds issued under Article X, Section 9(d) of the Constitution of Virginia and supported in part by student fees or (ii) any concert or theater venue located within or adjacent to a national park that offers yearly memberships that include concert or theater tickets as part of the membership benefit.

2017, cc. 261, 268.

§ 59.1-466.7. Enforcement; penalties.

A. The Attorney General may cause an action to be brought in the name of the Commonwealth to enjoin any violation of § 59.1-466.6 by any person and to recover a civil penalty in the amount of not less than $1,000 nor more than $5,000 for each such violation. Civil penalties paid pursuant to this section shall be deposited to the Literary Fund.

B. In an action brought under this section, the Attorney General may recover damages and such other relief allowed by law, including restitution on behalf of consumers injured by violations of § 59.1-466.6.

C. In an action brought under this section, the Attorney General may recover reasonable expenses incurred in investigating and preparing the case, and attorneys' fees.

D. Whenever the Attorney General has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in, any violation of § 59.1-466.6, the Attorney General is empowered to issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply, mutatis mutandis, to civil investigative demands issued pursuant to this section.

E. Nothing in this section shall be construed as affecting any private cause of action that may exist under any law of the Commonwealth.

2017, cc. 261, 268.

§ 59.1-466.8. Ticket resale; deceptive trade practices prohibited.

No Internet ticketing platform or reseller shall (i) use or display any trademarked or copyrighted URL, title, designation, image, mark, or any other symbol of an operator, rights holder, or primary ticket provider without the consent of such operator, rights holder, or primary ticket provider or (ii) use or display any combination of text, images, website graphics, website display, or website addresses that is substantially similar to the website of an operator in a manner that could reasonably be expected to mislead a potential purchaser.

2023, cc. 304, 305.