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§ 13-310.1. Sale of speculative tickets by reseller

West's Annotated Code of MarylandCommercial LawEffective: October 1, 2019

West's Annotated Code of Maryland
Commercial Law
Title 13. Consumer Protection Act
Subtitle 3. Unfair or Deceptive Trade Practices (Refs & Annos)
Effective: October 1, 2019
MD Code, Commercial Law, § 13-310.1
§ 13-310.1. Sale of speculative tickets by reseller
Currentness
(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Resale” means the second or subsequent sale of a ticket.
(ii) “Resale” includes a sale by any means, including in person, by telephone, by mail, by e-mail, by facsimile, or through a website or other electronic means.
(3) “Reseller” means a person who offers a ticket for resale.
(4)(i) “Speculative ticket” means a ticket that is not in the actual or constructive possession of a reseller at the time of sale.
(ii) “Speculative ticket” includes a ticket sold by a reseller that, at the time of resale:
1. Is not in the physical possession of the reseller;
2. Is not owned by the reseller; or
3. Is not under contract to be transferred to the reseller.
(5) “Ticket” means physical, electronic, or other evidence, that grants the possessor of the evidence permission to enter a place of entertainment for one or more events at a specified date and time.
(b) A reseller may not sell or offer to sell speculative tickets unless the reseller, clearly and conspicuously, discloses to a prospective purchaser at the outset of the sales transaction:
(1) That the tickets are speculative tickets, and the reseller is not in possession of the tickets;
(2) That the reseller is making an offer to procure the tickets for the prospective purchaser;
(3) An approximate date on which the tickets will be delivered to the purchaser;
(4) The name or a description of the event for which the tickets will permit entry;
(5) The total number of tickets included in the transaction;
(6) The number of tickets for seats that are together;
(7) The zone or section number of the tickets, to the extent applicable to the venue; and
(8) For reserved seat tickets:
(i) The seat numbers of the tickets; or
(ii) If applicable, that the reseller cannot guarantee the specific seats because the tickets are speculative tickets.
(c)(1) A reseller shall refund to a purchaser any consideration or deposit paid for tickets sold under this section if the reseller fails to obtain the tickets:
(i) Within 24 hours after the approximate date of delivery specified in subsection (b)(2) of this section, but before the commencement of the event for which the tickets were sold; or
(ii) In conformity with the disclosures required under this section.
(2) A reseller shall make a refund required under this subsection not later than 10 days after the final day of the event for which the tickets were sold.

Credits

Added by Acts 2019, c. 307, § 1, eff. Oct. 1, 2019.
MD Code, Commercial Law, § 13-310.1, MD COML § 13-310.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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