AN ACT to amend Tennessee Code Annotated, Title 47, relative to speculative tickets.
Summary
HB0080 amends Tennessee’s consumer protection and ticket resale laws to prohibit the sale or offering for sale of “speculative tickets” by third-party ticket resellers. A speculative ticket is defined as a ticket that is not actually or constructively in the reseller’s possession at the time it is sold, advertised, or listed, including tickets not physically possessed, owned, or under contract to be transferred to the reseller at the time of resale. The bill also bars online resale platforms and other electronic services that facilitate ticket resale from allowing speculative ticket transactions.
The bill directs the Division of Consumer Affairs in the Attorney General’s office to enforce the new prohibition and to create a complaint process for consumers. It establishes a mandatory civil penalty of $5,000 per violation, with each sale, offer, or listing counted separately. In addition, it creates a private right of action allowing affected individuals or entities to sue for actual damages, attorney fees, and court costs. The act takes effect July 1, 2025, and applies only to conduct occurring on or after that date.
Impact
The bill would delete existing Tennessee Code Annotated § 47-50-119 and add a new definition of “speculative ticket” to the ticket resale provisions in Title 47. It expands state regulation of ticket resellers by imposing a direct prohibition on speculative ticket sales and by extending responsibility to internet platforms and other electronic services that facilitate resale transactions. The measure also strengthens enforcement through administrative penalties and private lawsuits, affecting third-party ticket brokers, resale marketplaces, and consumers who purchase event tickets.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available materials. Based on the bill text alone, the measure appears consumer-protection oriented and aimed at curbing deceptive ticket resale practices. The structure of the bill suggests a policy preference for transparency and enforceable accountability in the secondary ticket market.
Contention
The main likely point of contention is the scope of liability imposed on third-party ticket resellers and online resale platforms, especially the ban on listing tickets before they are actually possessed or controlled by the reseller. Resellers may view the $5,000-per-violation penalty and private right of action as burdensome or potentially expansive, while consumer advocates would likely support the measure as a way to reduce fraud, misleading listings, and failed ticket deliveries. Another possible issue is how broadly “constructive possession” and “under contract to be transferred” will be interpreted in practice.