(1) (a) It is unlawful for any person who is not a primary ticket seller to represent, directly or indirectly, that the person is a primary ticket seller. (b) If a presiding officer or court determines appropriate after considering other relevant factors, the following actions by a person who is not a primary ticket seller establish a presumption that the person is representing that the person is a primary ticket seller in violation of Subsection (1)(a): (i) using the name of an event in the domain of the person's ticket website, unless the person has written authorization from an agent of the event; (ii) using the name of an event participant in the domain of the person's ticket website, unless the person has written authorization from the event participant or an agent of the event participant; (iii) using, in paid search results, the name of an event or event participant in a manner described in Subsection (1)(b)(i) or (ii); (iv) using on the person's website any of the following that individually or in combination is substantially similar to a primary ticket seller's, venue's, or event's website, with the intent to mislead a potential purchaser, without written authorization: (A) text; (B) images; (C) website graphics; (D) website design; or (E) Internet address. (2) It is unlawful for a person who lists or offers a ticket for sale to: (a) accept payment for the ticket; and (b) fail to deliver to the consumer who purchases the ticket a ticket that reflects the transaction to which the parties agreed. (3) It is unlawful for a person to: (a) knowingly sell more than one copy of the same ticket; (b) use ticket purchasing software to circumvent any portion of the process for purchasing a ticket on a ticket website, including: (i) circumventing: (A) security measures; (B) identity validation measures; or (C) an access control system; or (ii) disguising the identity of a ticket purchaser for the purpose of purchasing a number of tickets that exceeds the maximum number of tickets allowed for a person to purchase. (4) It is unlawful for a person to fail to comply with a provision of Section 13-54-201. (5) Nothing in this section prohibits a person from including the name of an event or an event participant in a URL after the top-level domain.
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