Some online outlets jack up prices or may even fail to deliver tickets purchased by concert fans and theatergoers; ‘Fan Fairness’ bill aims to protect consumers

By Lee Juillerat for Ashland.news

A bill introduced in the Oregon Legislature by Representative Pam Marsh, D-Ashland, to protect people from deceptive ticketing practices has received the support from leaders of the Britt Music & Arts Festival, Oregon Shakespeare Festival and several other performing and entertainment groups.

House Bill 3167-3, the Fan Fairness & Transparency Act, also known as the Fan Fair Act, recently had its public hearing in the Oregon House Commerce and Consumer Protection Committee. Marsh said in a statement that the legislation “would give Oregonians buying tickets for concerts, sporting events and other entertainment events protections in an industry that has seen increasing unfair and unscrupulous activities that drive up the cost of tickets and/or falsely sell tickets that are unavailable.”

Hidden fees

She said the bill would address “long-standing issues related to hidden fees, speculative ticketing and misleading resale practices that have plagued Oregon’s arts, entertainment and live event industries.”

According to Marsh, “Countless Oregonians have been cheated by deceptive practices and hidden fees that have long plagued the arts and entertainment market.” She said, “HB 3167-3 takes meaningful steps towards increasing transparency with provisions that ensure we have clearer information when purchasing tickets, furthering Oregon’s strong commitment to consumer protections.”

Under the Fan Fair Act, ticket sellers would be required to disclose all fees upfront to prevent last-minute price increases at checkout. The bill would also prohibit speculative ticketing, in which resellers list tickets they do not actually own. If enacted, Marsh said, the bill “ensures clearer labeling so buyers understand when they are purchasing from a secondary marketplace. These provisions are designed to protect consumers, while also safeguarding the integrity of venues, artists and event organizers across the state.”

Penalties for violating the bill “allows a private right of action to sue for the violations, subject to the Unfair Trade Practices Act already in place.”

For venues like the Britt Festival, which hosts thousands of attendees each year, Britt President and CEO Abby McKee said the passage of HB 3167-3 would represent “a major step in ensuring fair ticketing practices. Our priority is to provide a seamless and trustworthy ticket-buying experience for our patrons.”

“Deceptive resale tactics not only confuse consumers but also damage the relationship between venues, artists and audiences,” McKee said, adding, “HB 3167-3 gives us essential tools to protect our customers and preserve the integrity of live entertainment in Oregon.”

Sky-high Willie Nelson tickets

In an interview, Marsh said the stimulus for creating the legislation stemmed from the personal experience of one her staffers and from problems expressed by Britt managers. She learned that people buying tickets to some Britt performances, such as Willie Nelson, who played last summer at the Britt, were directed to websites that charged far more than the Britt was charging. Similarly, her staff member paid three times the listed price through another reseller.

“We connected (the Britt Festival) and we’ve been going down this path ever since,” Marsh said. “Britt’s been a tremendous partner. I think people are really interested in seeing this (bill) being passed.”

Advocates for consumer protection have also voiced their strong support for the bill. Oregon Consumer Justice, a nonprofit dedicated to ensuring fairness in the marketplace, emphasized how the proposed regulations would empower buyers.

“Oregonians deserve pricing transparency when spending their hard-earned money on event tickets,” said Jagjit Nagra, executive director for Oregon Consumer Justice. “This legislation will protect consumers from tricky tactics that set consumers up to pay far more than the actual ticket cost. HB 3167-3 also strengthens the rights of Oregonians to hold businesses accountable, access justice when harmed and foster a fairer marketplace for everyone.”

The Britt Festival put out a statement saying, “With the growing reliance on online ticket sales, HB 3167-3 positions the state as a leader in consumer transparency. By implementing some of the strongest protections in the country, this legislation ensures that Oregonians have clear, upfront pricing, safeguards against fraudulent resales and the ability to make informed decisions when purchasing event tickets. If passed, Oregon will set a new standard for fairness and accountability in the ticketing industry, reinforcing its commitment to strong consumer protections.”

Costly heartbreak for some concertgoers

McKee said incidents of ticket fraud are hurting consumers in multiple ways: “Every Britt show, we have folks show up at the door who have been defrauded through predatory ticket practices. In some of the more painful cases, we have had folks who have bought illegitimate tickets for hundreds or thousands of dollars higher than the list price, only to arrive at the door and discover a sold-out show and no ticket waiting for them.

“Our relationship with our patrons,” McKee said, “is, of course, our highest currency and most important asset. Ultimately, it falls to organizations like Britt to ensure that we are stewarding our patron relationships, and so for us, being a part of this bill and working together with Rep. Marsh to make this a legislative priority is all about protecting our community and relationships.”

Other groups that support the bill include the Independent Venue Coalition, TOC Portland, Music Portland, Doug Fir, Oregon Consumer Justice, Portland’s Revolution Hall and Wonder Ballroom, Portland Center Stage, the Musicians Union and Portland’s Center for the Arts.

Email freelance writer Lee Juillerat at 337lee337@charter.net.