Senator NELLIE POU
District 35 (Bergen and Passaic)
Senator NILSA CRUZ-PEREZ
District 5 (Camden and Gloucester)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Prohibits use of misleading website to sell event tickets.
CURRENT VERSION OF TEXT
An Act concerning Internet ticket sales and supplementing P.L.1983, c.135 (C.56:8-26 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Internet domain name” means a globally unique, hierarchical reference to an Internet host or service, which is assigned through centralized Internet naming authorities and which is comprised of a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.
“Ticket website” means an Internet website advertising, offering for sale, selling, or reselling tickets to any event at a place of entertainment in New Jersey.
“Website operator” means a person owning, operating, or controlling a ticket website for any event at a place of entertainment in New Jersey.
b. (1) Except as provided in paragraph (2) of this subsection, a website operator shall not sell or offer to sell a ticket to a New Jersey resident through a ticket website if the website operator intentionally uses an Internet domain name that contains any of the following:
(a) the name of the place of entertainment or any name that is substantially similar; or
(b) the name of the event or any name that is substantially similar, including the name of the person or entity scheduled to perform or appear at the place of entertainment.
(2) Paragraph (1) of this subsection shall not apply to a website operator who is authorized by the place of entertainment to act on its behalf.
c. A violation of subsection b. of this section is an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
2. This act shall take effect on the first day of the second month next following the date of enactment.
This bill prohibits website operators from offering tickets to events, like performances and sporting games, using an Internet domain name that is intentionally misleading or deceptive to consumers.
Specifically, the bill makes it an unlawful practice under the consumer fraud act for a website operator to sell or offer for sale a ticket to a New Jersey resident through a ticket website if the website operator intentionally uses an Internet domain name that contains any of the following:
(1) the name of the place of entertainment, or a name that is substantially similar; or
(2) the name of the event, or any name that is substantially similar, including the name of the person or entity scheduled to perform or appear at the place of entertainment.
This restriction would not apply to a website operator who is authorized by a place of entertainment to act on its behalf.
An unlawful practice is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. Additionally, violations can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.