wa-law.org > bill > 2025-26 > SB 6175 > Original Bill
The legislature finds that the ticket market for live entertainment and sporting events has become increasingly complex, leading to consumer confusion, hidden fees, and fraudulent practices. The legislature intends to protect consumers by promoting transparency and fair competition in both the primary and secondary ticket markets, while also supporting nonprofit and smaller arts and performance venues that are essential to Washington's culture and economy. The legislature further intends to safeguard artists' fair wages and the integrity of public funds by ensuring that taxpayer-supported venues and organizations, which strive to keep ticket prices affordable for their communities and honor contractual agreements with artists, are not undermined by profiteering of the secondary market.
This chapter does not apply to the following:
Agricultural fairs;
K-12 schools, institutions of higher education, or associated booster clubs or student organizations;
Nonprofit organizations or businesses whose primary purpose is the advancement or presentation of arts, culture, science, or heritage, and that have an annual gross revenue from the sale of tickets of less than $500,000;
Movie theaters;
Professional and collegiate athletic teams;
Federally recognized tribes; and
Tribal cultural institutions.
A ticket issuer shall not restrict the transferability of a ticket sold unless the terms and conditions on transferability are clearly and conspicuously disclosed to the consumer prior to purchase and the consumer acknowledges receipt of such disclosure prior to purchase.
It is an unfair or deceptive act or practice for a person to engage in the business of a ticket reseller or ticket resale marketplace without the written permission of the original ticket seller, or the owner or operator of the property where the event is being held, or both, if the resale transaction violates the contractual or license terms of the original ticket sale.
The sale, offer for sale, or advertisement of a speculative ticket is prohibited. An advertisement for a speculative ticket is a violation for each ticket listed in the advertisement.
Resellers and secondary ticket exchanges are prohibited from listing or selling tickets before their initial public on-sale. Additionally, fan club presale tickets may not be accessed, listed, or resold by any ticket reseller or exchange.
Resellers must notify ticket buyers in writing within eight hours if they receive notification that an event is canceled, rescheduled, delayed, or the venue is changed.
A person may not knowingly resell or offer to resell a ticket that was obtained in violation of this act.
A person may not knowingly purchase with the intent to resell, a quantity of tickets from the original ticket seller that exceeds the maximum ticket limit quantity posted by such seller at the point of the original ticket seller.
Charitable organizations and their employees and volunteers are not subject to the requirements of subsection (1) of this section when offering tickets for sale in a raffle, auction, or similar fundraising activity for the benefit of the organization's charitable purpose.
The total price at which a reseller may sell or offer to sell a ticket to a consumer, including any service fees charged by the reseller or secondary ticket exchange, may not exceed 110 percent of the total price of the initial ticket, including all fees and taxes in connection with the initial ticket.
A person or secondary ticket exchange may not charge a service fee exceeding 10 percent of the initial ticket's total price to the consumer. This fee must be incorporated into the calculation of the 110 percent resale price cap established in subsection (1) of this section.
The fee and price limitations of subsections (1) and (2) of this section do not apply to the resale of tickets for a sporting event where the ticket issuer is a professional or minor league sports team, sports organization, or promoter.
[Empty]
Resellers may not alter original digital tickets to change ticket pricing, order numbers, names, or other information printed on the face of the ticket. They must include vendor identification and clearly state that it is a secondary market ticket purchase.
Charitable organizations and their employees and volunteers are not subject to the requirements of (a) of this subsection when offering tickets for sale in a raffle, auction, or similar fundraising activity for the benefit of the organization's charitable purpose.
No secondary entertainment event ticket exchange, reseller, or operator of any website purporting to sell or offer for sale entertainment event tickets that link or redirect to a secondary entertainment event ticket exchange or reseller may do the following:
Use any performing artist name, venue name, event organizer name, graphic, marketing logo, image, likeness, or other intellectual property of a performing artist, venue, or event organizer, including using any proprietary resemblance of the venue where an event occurs in promotional materials, social media promotions, or uniform resource locators of the secondary entertainment event ticket exchange, reseller, or website; or
State or imply that the secondary entertainment event ticket exchange, reseller, or website is affiliated with or endorsed by a venue or performing artist, including by using words such as "official" in promotional materials, social media promotions, search engine optimization, paid advertising, uniform resource locators, or search engine monetization unless the secondary entertainment event ticket exchange, reseller, or website has the express written consent of the venue or performing artist.
Any digital advertising, website, or mobile application operated by a ticket reseller or secondary marketplace must include a clear, prominent, and easily visible disclosure in the top 20 percent of the webpage, including the homepage, landing pages, and any page where tickets are purchased, stating the following:
That the site is a reseller or secondary marketplace; and
That the buyer is not purchasing a ticket directly from the event venue, team, artist, original/primary ticket seller.
Resellers are prohibited from using the name of an artist, performer, team, or venue in the website's uniform resource locator with the intent to gain an unfair search engine optimization advantage or to mislead consumers into believing the site is an official or primary seller.
Any person or entity that commercially engages in the resale of tickets for events taking place within this state, or provides a platform for such commercial activities, shall obtain a license from the department of licensing prior to commencing operations. This chapter is subject to the uniform regulation of business and professions act, chapter 18.235 RCW.
The department of licensing shall establish and require a single class of ticket license to ensure appropriate oversight for each segment of the industry, including:
Ticket resale marketplace license: Required for any platform, service, or technology provider that facilitates, hosts, or operates a secondary market for the resale of tickets by third parties; and
Commercial ticket reseller license: Required for any individual or entity whose business, in whole or in part, involves the acquisition and commercial resale of tickets for profit.
An individual who is not otherwise classified under subsection (2) of this section is exempt from the licensing requirements of this section if they resell fewer than 10 tickets within a single calendar year. This exemption is intended for casual sales and does not apply to tickets resold as part of a recurring business or commercial activity.
The department of licensing shall adopt rules and set license fees for the licenses required under this section. Fees shall be set at a level to cover the costs of administering this chapter.
The department of licensing may revoke a reseller's registration for one to five years for a violation of this chapter.
Any applicant who intentionally provides false information in an application for licensure is subject to denial of the license application, or if the license is issued, suspension or revocation of the license, or a civil penalty of up to $1,000 per violation, or both, as determined by the department of licensing.
Any licensee who changes the business name, business address, or primary contact information must notify the department of licensing in writing within 30 days of such change. Failure to provide timely and accurate notice may result in suspension or revocation of the license, or a civil penalty of up to $1,000 per violation, or both, as determined by the department.
The department of licensing shall set license and endorsement fees at a level to cover the costs of administering this chapter. However, the department may establish a reduced or tiered fee schedule for nonprofit organizations and small organizations, as defined by rule, to promote access and participation.
If a reseller fails to deliver tickets to a consumer, the consumer may claim compensation from a surety bond, which the department of licensing shall require for all registered resellers.
The surety bond must be at least $25,000 and must cover the cost of the tickets, as well as any reasonable travel expenses incurred by the consumer because of the failure to deliver. The department of licensing may adjust the bond amount, not to exceed $100,000, based on the reseller's sales volume and consumer complaints according to rules established by the department. The department shall establish rules regarding the required bond amount and the consumer claim process.
The department of licensing may enforce collection and shall oversee the consumer claim process.
If a reseller violated the original ticket sellers' contract and terms for ticket buyers at the time of purchase, the original ticket sellers may claim compensation from a surety bond, which must cover the cost of the ticket and associated fees, including credit card fees, plus other loss of revenue, and reasonable administrative expenses or legal fees, or both. The department of licensing may oversee the ticket issuer claim process.
Any person who violates this chapter shall be liable for the following civil penalties:
A base penalty of at least $1,000 for each day the violation occurs or continues; and
An additional penalty equal to the greater of:
$1,000 per ticket listed, advertised, sold, or resold in violation of this chapter; or
An amount equal to three times the total ticket price of each ticket listed, advertised, sold, or resold in violation of this chapter.
The department of licensing may take appropriate administrative action to enforce collection.
A consumer who has been subjected to a violation of the price limitations of section 10 of this act or has purchased a speculative ticket in violation of section 5 of this act may bring a civil action against the violating party for damages. Recovery for an action brought under this subsection is limited to the greater of: (a) Three times the amount of the initial ticket price; or (b) $500 per violation. This private right of action is only available where the consumer can demonstrate actual monetary damages or denial of entry to the event resulting from the violation. This subsection (3) does not apply if the tickets are sold as part of a package that includes additional goods or services such as transportation or lodging.
The department of licensing shall establish a publicly accessible website to allow individuals to report violations of this chapter.
The department of licensing shall prepare an annual report on enforcement actions, penalty collections, and the overall effectiveness of this chapter in reducing violations, to be submitted to the relevant legislative committee and made available to the public.
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for purposes of applying the consumer protection act, chapter 19.86 RCW.
Notwithstanding subsection (1) of this section, a consumer's private right of action for a violation of this chapter under chapter 19.86 RCW is limited to only those provisions of this act that involve fraud, speculative ticketing, bot use, or the failure to provide a guaranteed refund in the case of a canceled or illegitimate ticket. No private right of action is authorized for a violation of administrative requirements or disclosure requirements unless the violation results in a direct and demonstrable injury to the consumer.
A reseller may not request, cause, or accept a refund, credit, exchange, or cancellation from the primary ticket seller for any ticket that the reseller has resold, offered for resale, or transferred to another person for commercial purposes.
[Empty]
Any refund or credit obtained in violation of this section constitutes an unfair or deceptive act or practice.
A reseller who obtains a refund or causes the cancellation of a ticket after reselling or transferring that ticket is liable for all resulting losses incurred by the purchaser, the primary ticket seller, or the event organizer, in addition to any civil penalties provided under this act.
Each ticket refunded or canceled in violation of this section constitutes a separate violation.
A reseller may not sell, offer for sale, advertise, transfer, or distribute a ticket, barcode, or other access credential to more than one purchaser.
A reseller may not reproduce, duplicate, alter, or distribute a ticket or barcode for the purpose of selling the same ticket to multiple buyers.
A reseller may not knowingly sell or offer for sale a ticket that has been, or will be, transferred, assigned, or sold to any other person.
Each sale or attempted sale of a ticket that has been duplicated or resold to more than one person constitutes a separate violation.
Any person who violates this section is liable for civil penalties under this act and may be subject to license suspension, revocation, or surety bond claims pursuant to sections 13 and 15 of this act.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
1.
"Affinity group" means an identifiable group of people who are members of the same organization, or who are customers of the same person, and who enjoy special privileges.
"All-in price" means the total cost of an admission ticket, including all fees and charges that must be paid to purchase the ticket, other than taxes or actual and verifiable shipping costs, such as the fee charged by a third-party postal or courier service for physical delivery, which must be disclosed prior to acceptance of payment. "All-in price" includes all fees for electronic or digital delivery regardless of whether the fee is the sole option or selected by the consumer. The disclosed "all-in price" must be the most prominent price presented to the consumer.
"Event" means a concert, theatrical performance, festival, sporting event, exhibition, show, comedy performance, or other similar activity held in this state.
"Initial sale" means the first sale of an admission ticket by the primary ticket seller. "Initial sale" also includes the distribution of admission tickets under an agreement between the ticket seller and the recipient.
"Person" means any individual, partnership, corporation, limited liability company, other organization, or any combination thereof.
6.
"Primary ticket seller" means the person or entity that has the initial contractual right to sell the admission tickets for an event directly to the public, which may include the owner or operator of a venue, a promoter, or an authorized agent of the owner, operator, or promoter.
"Resale" means the second or subsequent sale of a ticket by any method, including in-person transactions, telephone, mail, email, facsimile, or electronic means through websites or mobile apps.
"Reseller" means a person, partnership, corporation, limited liability company, other organization, or any combination thereof engaged in the business of the resale of tickets.
"Secondary ticket exchange" means an electronic marketplace enabling the sale, purchase, and resale of tickets.
"Speculative ticket" means a ticket not in the actual or constructive possession of the reseller at the time of listing, sale, or advertisement. This includes tickets not owned by the reseller or under contract to be transferred to the reseller at the time of sale.
"Ticket" means any form of physical, electronic, or other evidence that grants the possessor of the evidence license to enter a place of entertainment or an event.
"Ticket issuer" means the person or entity that issues tickets and terms for the ticket buyers, which may include an artist, a band, a promoter, a sports team, a venue, a theater, a club, or a festival.
"Ticket resale marketplace" means a person or entity that operates a platform or exchange to facilitate the resale or offering for resale of admission tickets between third parties, which includes platforms or exchanges operating by means of an internet website, application, phone system, or other similar technology, and who does not generally maintain their own ticket inventory, and which may include a ticket seller.
A person may not:
Use software to circumvent, thwart, interfere with, or evade a security measure, access control system, or other control or measure on a ticket seller's internet website; or
Sell software that is advertised for profit with the express purpose to circumvent, thwart, interfere with, or evade a security measure, access control system, or other control or measure on a ticket seller's internet website.
The use or sale of software as described in subsection (1) of this section only violates this section if the user or seller knows or should know that the purpose of the software is to circumvent, thwart, interfere with, or evade a security measure, access control system, or other control or measure on a ticket seller's internet website.
It is an unfair or deceptive act or practice for any person to engage in the business of a ticket reseller or ticket resale marketplace without:
Clearly and conspicuously disclosing the all-in price before a consumer selects a ticket to purchase, and an itemized breakdown of the base ticket price and all additional fees, charges, and taxes, before acceptance of payment, except for actual shipping costs that are disclosed before payment acceptance. The all-in price must be displayed in a font size and prominence that is equal to or greater than the base ticket price and any service fee;
Ensuring that the price of a ticket does not increase from the time it is selected by a consumer to the time of purchase;
Disclosing their name, and their business address. For any entity whose principal place of business is outside of Washington state, the disclosure must also include the name and contact information of a registered agent or agent for service of process in Washington state;
Providing a readily accessible path to contacting for complaints, customer service, and inquiries, including telephone number, email address, a standard refund policy, and virtual support, with anticipated response time, and guaranteeing a response to consumer inquiries within three business days;
Providing the actual location of seats if reserved, or section, if applicable, if there is a general admission event;
Providing clear and conspicuous disclosure of any restrictions on entry to the venue and limitations or restrictions on resale or transferability;
[Empty]
Guaranteeing a full refund to a purchaser within two weeks if the event for which the ticket was resold is canceled;
A nonprofit event presenter that offers a purchaser the ability to choose between receiving a full refund in the event of a cancellation or another option, including donating the amount paid for their ticket to the nonprofit, or receiving an exchange or gift certificate shall be understood to be compliant with (g)(i) of this subsection;
Providing the original face value of the ticket alongside the resellers' price, and in the same currency. This disclosure must be located directly adjacent to the resellers' price and be of comparable font size;
Guaranteeing a full refund to a purchaser within two weeks if the ticket is not legitimate; or the purchaser is denied entrance into the facility due to violation of permissive terms by the reseller.
Sections 1 through 20 of this act are each added to chapter 19.345 RCW.
This act may be known and cited as the Washington access and venue equity act or the WAVE act.
This act takes effect July 1, 2027.