SB338

On January 10, 2025, The Federal Trade Commission published a final trade regulation rule in the Federal Register entitled “Rule on Unfair or Deceptive Fees” (“the Rule”). (90 Fed. Reg. 2066 (Jan. 10, 2025)) The Rule, which will take effect on May 12, 2025, prohibits a business that sells or offers live-event tickets from offering, displaying or advertising the price of a live-event ticket without clearly and conspicuously disclosing the maximum total price that a consumer must pay for the live-event ticket, inclusive of all fees or charges that the consumer must pay for any mandatory good or service sold as part of the purchase of the ticket. The seller of live-event tickets is authorized to exclude from the total price required to be disclosed for the live-event ticket any governmental charges, shipping charges and charges for optional goods or services that the consumer may purchase as a part of the same transaction. (16 C.F.R. § 464.1, 464.2; 90 Fed. Reg. 2066, 2166-67 (Jan. 10, 2025)) The Rule prescribes particular means by which a disclosure must be “clearly and conspicuously” made to a consumer. (16 C.F.R. § 464.1; 90 Fed. Reg. 2066, 2167 (Jan. 10, 2025)) Additionally, the Rule prohibits a seller of live-event tickets from misrepresenting any fee or charge. (16 C.F.R. § 464.3; 90 Fed. Reg. 2066, 2167 (Jan. 10, 2025)) Finally, the Rule provides that state law or regulation may provide consumers with protection that is greater than, or at least not inconsi