HOUSE OF REPRESENTATIVES	H.C.R. NO.	119
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

urging the department of commerce and consumer affairs, in collaboration with the Department of the Attorney General, to investigate and regulate the sale of tickets to live entertainment events under its authority to protect consumers against unfair or deceptive acts or practices in the conduct of any commerce.

WHEREAS, the ticket-purchasing process for popular live entertainment events is frustrating for consumers in the State; and

WHEREAS, event tickets for popular live entertainment events are distributed through one of three channels: holds, pre-sales, and general public sales; and

WHEREAS, tickets placed on hold are those reserved for a variety of industry insiders, including the venue operator, artists, promoters, agents, marketing departments, record labels, media outlets, high-profile guests, or friends and family; and

WHEREAS, pre-sales are the sale of tickets to non-public groups, such as persons who are holders of certain credit cards or members of the artist's fan club; and

WHEREAS, there have been a number of live entertainment events in the State where the number of tickets made available to the general public has been significantly reduced due to event tickets being placed on hold or sold through pre-sales:

(1) For Earth, Wind and Fire's 2017 concert at the Neal S. Blaisdell Arena, eighty-two percent of tickets were held or sold through pre-sales;

(2) For Mariah Carey's 2017 concert at the Neal S. Blaisdell Arena, ninety-three percent of tickets were held or sold through pre-sales; and

(3) For Janet Jackson's 2016 concert at the Neal S. Blaisdell Arena, ninety-two percent of tickets were held or sold through pre-sales; and

WHEREAS, the total cost for an event ticket is typically not disclosed until the end of the ticket-purchasing process, further adding to the frustration of consumers; and

WHEREAS, popular live entertainment events attract secondary market profiteers who exacerbate the frustration of the ticket-purchasing process to the detriment of ordinary consumers by competing with consumers for the limited event tickets; and

WHEREAS, modern technology has made it substantially easier for secondary market profiteers to engage in ticket scalping, with some profiteers using computer programs to circumvent security measures or other technological control or access to purchase many tickets; and

WHEREAS, the federal Better Online Ticket Sales Act of 2016, also referred to as the BOTS Act of 2016, deems the use of such program as an unfair or deceptive act or practice under federal law; and

WHEREAS, state law prohibits unfair or deceptive acts or practices in the conduct of any commerce and authorizes the Attorney General and Director of the Office of Consumer Protection to enforce the prohibition; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the Senate concurring, that the Department of Commerce and Consumer Affairs, in collaboration with the Department of the Attorney General, is urged to investigate and regulate the sale of tickets to live entertainment events under its authority to protect consumers against unfair or deceptive acts or practices in the conduct of any commerce; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Commerce and Consumer Affairs, Attorney General, and Executive Director of the Office of Consumer Protection.

OFFERED BY:

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Report Title:

Department of Commerce and Consumer Affairs; Attorney General; Sale of Tickets; Live Entertainment Events; Regulation