NCL applauds House Commerce Committee approval of consumer protection bills

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December 6, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

WASHINGTON, D.C. – The National Consumers League (NCL), America’s oldest consumer advocacy organization, today applauded the House Commerce Committee for advancing five important consumer protection bills that would implement long-sought reforms to the live event ticketing industry, require all-in pricing in short-term lodging, crack down on online dating scams and protect consumers’ plumbing systems from “flushable” cleaning wipes.

Two bills, the TICKET Act (H.R. 3950) and the Speculative Ticketing Oversight and Prohibition Act of 2023 (STOP Act), would implement much-needed reforms in the live event ticketing industry. The TICKET Act would prohibit hidden event ticket fees by requiring sellers to display the full price—including all mandatory charges—at the beginning of the transaction and in advertising. The STOP Act would prohibit the sale of tickets that the seller does not actually possess, a controversial practice known as speculative ticketing. The bill would also crack down on deceptive “white label” ticket resale websites and require fans to be provided refunds promptly in the event that a concert is canceled or postponed.

“Live event fans achieved an important victory with today’s vote,” said NCL Vice President of Public Policy, Telecommunications, and Fraud John Breyault. “Add-on junk fees for concerts and sporting events have been the bane of consumers’ existence for decades. These reforms are long overdue and promise to make the ticket-buying experience a fairer, easier process for millions of fans.”

Additionally, the committee advanced H.R. 6543, the No Hidden Fees on Extra Expenses for Stays Act; H.R. 2964, the Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act; and H.R. 6125, the Online Dating Safety Act of 2023.

H.R. 6543 would require all-in pricing of hotel, Airbnb, and other short-term lodgings. This will prevent unscrupulous lodging companies from advertising one price to consumers only to hit them with additional fees later. The WIPPES Act will require that disposable cleaning wipes be clearly labeled with a “Do Not Flush” label. This has the potential to reduce estimated $441 million in additional operating costs that U.S. clean water utilities incur due to the flushing of so-called “flushable” cleaning wipes. Finally, the Online Dating Safety Act would require dating websites and apps to proactively notify users that an account they messaged has been banned. Such notifications would do much to intervene in ongoing frauds and likely help to reduce the scourge of romance scams.

“By advancing these bills, the House is demonstrating that consumer protection is a bipartisan issue. We urge the full House approval for these measures,” said Breyault. “Undisclosed hotel resort junk fees have bedeviled travelers for too long, draining consumers’ travel budgets and harming honest hotel operators. Similarly, the damage from ‘flushable’ wipes harms all consumers since the costs to municipal water systems are passed along to all ratepayers. Finally romance scam victims lost $1.3 billion to fraudsters last year. Requiring dating websites to offer them more support will do much to reduce the scourge of these scams.”

The committee’s actions come after NCL testified in support of these bills in a House legislative hearing in September of this year.

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL comments on Proposed Rule – Fish and Shellfish; Canned Tuna Standard of Identity and Standard of Fill of Container

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November 21, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

The National Consumers League recently submitted comments regarding the Proposed Rule, “Fish and Shellfish; Canned Tuna Standard of Identity and Standard of Fill of Container.” We believe that the Proposed Rule, when implemented, will modernize the standard of identity for “canned tuna,” 21 C.F.R. § 161.190 (“canned tuna SOI”), to require an accurate measure and declaration of weight, and to allow for “safe and suitable” ingredients to provide manufacturers with the flexibility to keep up with changing consumer tastes.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL comments regarding Proposed Rule: Medication Guides: Patient Medication Information Docket No. FDA-2019-N-5959

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November 21, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

The National Consumers League recently submitted comments regarding the Proposed Rule, Medication Guides: Patient Medication Information, that we believe will greatly improve the information patients receive with their prescription medicines.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL applauds President Biden’s landmark AI executive order 

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October 31, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – Yesterday, President Biden signed an executive order to establish the most comprehensive standards to date regarding artificial intelligence (AI). The following statement is attributable to National Consumers League (NCL) Chief Executive Officer Sally Greenberg:

“NCL applauds the Biden Administration for centering consumers and workers in its landmark executive order addressing AI. It is critical that the development of artificial intelligence aligns with our democratic values, preserves civil rights, and protects consumers’ health and safety as well as our privacy. Importantly, the Biden Administration has made clear that there is no exception for AI from the law as it continues to model how policymakers should tackle this issue. While the president’s order is a critical step forward, Congress must pass a robust bill to ensure lasting and comprehensive federal law governing AI.”

As part of the sweeping executive order, federal agencies are to provide clear guidance to landlords, federal benefits administrators, and federal contractors to ensure that AI does not discriminate against consumers and beneficiaries. The president also addressed the potential harms to workers from the use of AI in workplace surveillance, job displacement, union-busting, and discriminatory hiring practices.

NCL has been advocating for consumers and workers in our push for AI regulation, including requiring the labelling of AI-generated content to minimize deception to users.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

 

NCL applauds CPSC’s vote on a historic table saw safety rule that could save up to $2.32 billion and prevent 50,000 grave table saw injuries each year

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October 20, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – The National Consumers League applauds the Consumer Product Safety Commission’s (CPSC) 3-1 vote on October 18, 2023, to move forward towards a mandatory safety standard for electric table saws, which cause 50,000 partial or full amputations each year and cost the health care system upwards of $2.3 billion a year.

“We thank Chairman Alex Hoehn Saric for his leadership and Commissioners Richard Trumka Jr. and Mary Boyle for their support,” said NCL’s CEO Sally Greenberg. “NCL has been working to get requirements for safer table saw designs since 2008. This is a very welcome development for a product that is so ubiquitous in American homes, while at the same time posing such a grave danger of injury. Over 20 years, table saws have injured one million people.”

NCL Board member and former Executive Director of the CPSC, Pamela Gilbert, noted that this vote is long overdue. “The technology to almost entirely do away with serious injuries from table saws has been available for over two decades. Members of the power tool industry, sadly, have resisted safer designs despite many opportunities to do so,” said Gilbert. “The delay has led to hundreds of thousands of permanent, debilitating injuries that could have been prevented. It’s time for the industry to step up and do the right thing for their customers.”

NCL noted that Commissioner Trumka is seeking information from leadership at seven power tool companies, including SawStop, which already incorporates Active Injury Mitigation to prevent serious table saw injuries, as called for in the proposed rule. He seeks their views on a faster implementation period than the 3 years called for in the proposed rule. Responses to his letter are due on November 15, 2023, and will prove interesting and instructive.

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL supports CFPB’s proposal to remove medical debt from credit reports

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September 28, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – The National Consumers League (NCL) supports the bold proposal from the Consumer Financial Protection Bureau (CFPB) to remove medical bills from Americans’ credit reports.

According to a CFPB report released in March 2022, $88 billion of outstanding medical bills are currently in collections—affecting one in five Americans. Medical debt constitutes a majority (57 percent) of all collections on credit reports.

“This proposal will help families financially recover from medical crises and prevent debt collectors from coercing people into paying bills they may not even owe,” said Sally Greenberg, CEO of the NCL. “It will ensure that creditors are not relying on data that is often plagued with inaccuracies and mistakes.”

Approximately 20 percent of Americans report having medical debt, according to the March 2022 report, but previous research by the CFPB shows that consumers with medical debt generally paid back their loans or bills at the same rate as consumers with higher credit scores.

If finalized, the CFPB proposal will do the following:

  • Remove medical bills from consumers’ credit reports: Consumer reporting companies would be prohibited from including medical debts and collection information on consumer reports that creditors use in making underwriting decisions.
  • Stop creditors from relying on medical bills for underwriting decisions: The proposal would narrow the 2005 exception and prohibit creditors from using medical collections information when evaluating borrowers’ credit applications.
  • Stop coercive collection practices: As unpaid medical bills would no longer appear on consumers’ credit reports used by creditors in making underwriting decisions, debt collectors would no longer be able to use the credit reporting system as leverage to pressure consumers into paying questionable debts.

Greenberg added, “Medical debt is not caused by profligate spending. Americans incur this debt because of emergencies or because they are uninsured or underinsured. We believe that this proposed rule will allow consumers weighed down by medical debt through no fault of their own and help them to restore their access to sustainable credit.”

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

 

National Consumers League Live Event Ticketing Principles

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By John Breyault, Vice President, Public Policy, Telecommunications, and Fraud

The ticketing industry is the gatekeeper to much of our nation’s arts, sports and culture. What should be an exciting moment—securing a seat for your favorite event —has become exceedingly frustrating for many consumers as they navigate a confusing ticket-buying process laden with hidden fees.

NCL works on behalf of fans for all live events to ensure that consumers get the best possible experience, the best bargain for their hard earned dollars and don’t feel they’ve been ripped off with gotcha added costs, like mandatory “convenience fees” “processing fees” “venue fees” or the like when purchasing live event tickets.

Consumers are at the mercy of a rigged ticket marketplace. One company – Live Nation Entertainment (LNE) — dominates the marketplace. The company was created after Ticketmaster and Live Nation were given the green light to merge by the Department of Justice in 2009, despite strong consumer and business opposition.  LNE today controls around 80% of primary ticketing services, owns or has exclusive rights to operate many venues, and has major positions in artist management and event promotion. In 2022, LNE reported $4.5 billion in revenue from ticket resale, more than double what it earned in 2019, making it one of the largest players in the secondary ticket market.

Not surprisingly, LNE engages in practices typical of monopolies, working to drive out competitors. NCL and other consumer groups are leading the charge to unwind the ill-advised 2009 merger of Live Nation and Ticketmaster and restore healthy competition to the marketplace.

NCL believes that ticket resale has a legitimate place in the live event marketplace. The availability of ticket resale services provides a hedge for consumers who buy season tickets or non-refundable tickets, and is also a source for ticket buyers to get bargains when supply outpaces demand, allowing them to save money on below-face value tickets.

Below are some general principles on ticketing that NCL supports.

  1. We want the DOJ and Congress to unwind the Ticketmaster-Live Nation merger.
  2. Hidden ticket fees, deceptive dark patterns, and other anticompetitive ticketing practices should be prohibited. “All in” ticket pricing should be required so that consumers can compare prices from one site to another.
  3. Ticket holdbacks (also known as allocations) should be disclosed to ticket buyers prior to purchase.
  4. Secondary ticket exchanges should be required to disclose the face value of tickets offered for sale on their platforms.
  5. Ticket resellers should be prohibited from engaging in deceptive practices that are deliberately intended to confuse consumers into believing they are buying tickets from the primary seller. Deceptive design practices such as using URLs or other indicia of affiliation with a venue, team, or artist and by paying for search engine optimization that results in resale websites appearing higher in search results than the official box offices should be prohibited.
  6. Secondary ticket exchanges should be required to closely monitor their ticket inventory to ensure that they are not listing tickets obtained in violation of federal or state laws.
  7. All stakeholders in the live event industry should be required to assist enforcement agency’s efforts to stop illegal automated ticket buying and resale.
  8. Federal or state law enforcement agencies should investigate how tickets appear on the secondary ticket market at prices far above face value before offered for sale by primary ticket sellers and whether such sales violate applicable laws.

To these ends, NCL has endorsed legislative reforms to protect ticket buyers and promote competition in the live event industry, such as the BOSS and SWIFT Act and the TICKET Act.

Consumer groups’ statement on elimination of speculative ticketing disclosure requirements from S. 1303, the “TICKET Act”

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July 27, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – The United States Senate Committee on Commerce, Science, & Transportation today approved an amended version of the Transparency in Charges for Key Events Ticketing Act (“TICKET Act”). Unfortunately, an amendment to the bill that was approved during the markup eliminated a key provision that consumer groups supported which would have required ticket sellers to disclose clearly and conspicuously, prior to a consumer selecting a ticket for purchase, when a seller does not have possession of a ticket being listed for sale. The eliminated provision would have addressed a controversial practice known as “speculative ticketing,” that has harmed too many consumers who thought they had purchased a ticket only to later find out that the seller was unable to fulfill their order. [1] In a July 25 letter to the Commerce Committee, eleven consumer advocacy organizations had urged support for the original version of the TICKET Act, which was introduced with bipartisan support in April.

In response to today’s vote, the undersigned consumer groups released the following statement:

“The live event ticketing market is a rigged game, riddled with deception and a lack of transparency at every turn. We are extremely disappointed that the Commerce Committee today bowed to pressure from industry opponents and missed an opportunity to reduce the risk that fans end up high and dry without tickets to events they had otherwise planned to attend. The TICKET Act, as amended, is a step in the right direction but a reminder of why vested interests continue to resist comprehensive reform. The live event ticketing system needs to be cured of deep flaws that result in consumers being abused before tickets go on sale, while they are for sale, and through the moment they are scanned for entry. The TICKET Act as introduced would have assured transparency to two of the most opaque parts of ticket buying: the pricing of tickets, and the sale of  tickets that sellers do not possess, but are offered to unknowing customers. We continue to support all-in pricing of live event tickets because today’s deceptive drip pricing is unfortunately the norm whether the tickets come from a venue, a team, Ticketmaster, or a resale marketplace. Our groups will continue to work for a fairer ticket marketplace to ensure that fans are able to access affordable tickets to their favorite events in an open, transparent, and competitive marketplace.”

Organizations supporting this statement include National Consumers League, Consumer Action, Consumer Federation of America, Consumer Federation of California, Fan Freedom Project, National Association of Consumer Advocates, Protect Ticket Rights, Public Knowledge, Sports Fans Coalition, and U.S. Public Interest Research Project, and Virginia Citizens Consumer Council.

[1] Burchill, Caitlin. “Burlington man learns his expensive Taylor Swift tickets don’t exist days before concert,” NBC Connecticut. (June 13, 2023) Online: https://www.nbcconnecticut.com/investigations/nbc-ct-responds/burlington-man-learns-his-expensive-taylor-swift-tickets-dont-exist-days-before-concert/3048419/; Oberle, Marisa. “PROBLEM SOLVERS: Potential ‘controversial’ practice leaves Kent Co. family without Taylor Swift tickets,” FOX 17-West Michigan. (June 21, 2023) Online: https://www.fox17online.com/news/problem-solvers/problem-solvers-controversial-practice-leaves-kent-co-family-without-taylor-swift-tickets-day-before-concert

 

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

Consumer groups urge support for S. 1303, the “TICKET Act”

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July 26, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – NCL and other consumer groups submitted the below letter to Chair Cantwell and Ranking Member Cruz to urge support for S. 1303, the “TICKET Act”.

 

July 25, 2023

 

The Honorable Maria Cantwell Chair

Committee on Commerce, Science, & Transportation

United States Senate

254 Russell Senate Office Building Washington, D.C. 20510

 

The Honorable Ted Cruz Ranking Member

Committee on Commerce, Science, & Transportation

United States Senate

512 Dirksen Senate Office Building Washington, D.C. 20510

 

RE: Consumer groups urge support for S. 1303, the “TICKET Act”

Dear Chair Cantwell and Ranking Member Cruz:

The eleven undersigned consumer organizations represent the tens of millions of fans who attend concerts, sports, theater, and other live events every every year 1,  generating more than $130 billion in economic impact.2 Despite the profits fans’ entertainment spending creates for this important industry, the process of obtaining tickets to a live event is often fraught with deception and unfair business practices. From a fan’s point of view, trying to get an affordable ticket to see their favorite band, cheer on their hometown team, or enjoy a night at the theater is a rigged game.

It is for this reason that the undersigned organizations have endorsed S. 1303, the Transparency in Charges for Key Events Ticketing Act (“TICKET Act”).3 We thank you for introducing this bipartisan consumer protection measure and we urge your colleagues on the Commerce Committee to support the bill when the committee considers it this week.

Reforms like those in the TICKET Act are urgently needed to ensure fans can access affordable live event tickets from both primary and secondary ticket sellers. The bill mandates all-in pricing of tickets, which addresses a significant source of frustration for consumers when purchasing tickets. Add-on fees, commonly labeled as “service fees,” “processing fees,” and “facility fees,” are typically added to the cost of the ticket as buyers progress through the ticket-buying process. On average, these fees raise the cost of a tickets by 27 percent and 31 percent on the primary and secondary market, respectively.4 The TICKET Act’s all-in pricing requirement will ensure that consumers see the full cost of a ticket the first time a ticket is advertised. This will allow fans to make a more informed buying decisions before they begin the buying process. Competition will also be enhanced, since competing ticketers on the secondary market will not be able to hide the true cost of a ticket behind a deceptively low advertised price.

The TICKET Act also includes reforms that would address a second significant frustration for ticket buyers: undisclosed speculative ticketing. This practice, also known as “spec ticketing,” involves resellers listing tickets they do not possess for sale on resale websites and secondary ticket exchanges. Speculative selling is a controversial ticketing practice since consumers are often deceived into thinking they are buying tickets the reseller possesses. There are numerous examples where consumers who thought they had a ticket to an event were later told that the speculative ticket reseller was unable to obtain the ticket.5 The TICKET Act addresses this problem by requiring ticket sellers to disclose clearly and conspicuously, prior to a consumer selecting it for purchase, when the seller does not have possession of a ticket being listed for sale. This would benefit consumers by allowing them to make a more informed choice about whether to take the risk that a speculatively resold ticket order may not be fulfilled.

On behalf of America’s live event fans, we thank you for your leadership on this issue and we urge your colleagues to join our organizations in support of this important pro- consumer and pro-competition bill.

 

Sincerely,

National Consumers League

Consumer Action

Consumer Federation of America

Consumer Federation of California

Fan Freedom Project

National Association of Consumer Advocates

Protect Ticket Rights

Public Knowledge

Sports Fans Coalition

U.S. Public Interest Research Group

Virginia Citizens Consumer Council

cc:       Members of the Senate Commerce Committee

 

1 Live Nation Entertainment. “Live Nation Entertainment Reports Fourth Quarter & Full Year 2022 Results.” Press release. (February 23, 2023) Online: https://www.livenationentertainment.com/2023/02/live-nation- entertainment-reports-fourth-quarter-full-year-2022-results/; Fischer, Ben and Broughton, David. “NFL per- game attendance makes big jump.” Sports Business Journal (January 16, 2023) Online: https://www.sportsbusinessjournal.com/Journal/Issues/2023/01/16/Upfront/nYl-attendance.aspx;  National Basketball Association. “NBA sets all-time records for attendance and sellouts during 2022-23 regular season.” Press release. (April 10, 2023) Online: https://www.nba.com/news/nba-sets-all-time- records-for-attendance-and-sellouts-during-2022-23-regular-season; The Broadway League. “2022–2023 Broadway End-Of-Season Statistics Show That Broadway Had Attendance Of 12.3 Million And Grosses Of $1.58 Billion.” Press release. (May 23, 2023) Online: https://www.broadwayleague.com/press/press- releases/20222023-broadway-end-of-season-statistics-show-that-broadway-had-attendance-of-123-million-     and-grosses-of-158-billion/

2 Oxford Economics. The Concerts and Live Event Industry: A Signi9icant Economic Engine (July 26, 2021) Online:   https://www.oxfordeconomics.com/resource/livemusic/

3 “S.1303 – 118th Congress (2023-2024): TICKET Act.” Congress.gov, Library of Congress, 26 April 2023, https://www.congress.gov/bill/118th-congress/senate-bill/1303.

4 United States Government Accountability OfYice. Event Ticket Sales: Market Characteristics and Consumer Protection Issues (GAO-18-347). Pg. 15 (April 12, 2018) Online: https://www.gao.gov/assets/gao-18-347.pdf

5 Burchill, Caitlin. “Burlington man learns his expensive Taylor Swift tickets don’t exist days before concert,” NBC Connecticut. (June 13, 2023) Online: https://www.nbcconnecticut.com/investigations/nbc-ct- responds/burlington-man-learns-his-expensive-taylor-swift-tickets-dont-exist-days-before-   concert/3048419/; Oberle, Marisa. “PROBLEM SOLVERS: Potential ‘controversial’ practice leaves Kent Co. family without Taylor Swift tickets,” FOX 17-West Michigan. (June 21, 2023) Online: https://www.fox17online.com/news/problem-solvers/problem-solvers-controversial-practice-leaves-kent-   co-family-without-taylor-swift-tickets-day-before-concert

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL urges ED to erase student debt, improve permanent pathways to cancellation

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July 24, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – Last week, the National Consumers League (NCL) filed comments in a U.S. Department of Education (ED) regulatory process that will enable the Department to broadly cancel student debt. This newest debt cancellation initiative came after NCL urged the administration to utilize alternate authorities following the Supreme Court’s misguided judgement against the first debt cancellation program. 

“President Biden and Secretary Cardona correctly recognized that we need to address the debt burden associated with getting an education,” said NCL Public Policy Manager Eden Iscil. “They have an opportunity to substantially improve the lives of millions of borrowers through a number of options available with this process the Department initiated.” 

In its comments to ED, NCL advocated for universal student debt cancellation without unnecessary administrative burdens on borrowers. Such burdens likely prevented millions of eligible borrowers from applying to the first cancellation program and significantly delayed its implementation. In addition to one-time debt cancellation, this process will empower ED to improve its permanent cancellation pathways under its income-driven repayment (IDR) plans to allow debt relief to be accessible in the future as well. 

Currently, IDR plans use all-or-nothing debt cancellation, with student debts erased only after several years in repayment (usually 20-25 years). Such a system relies on student loan servicers, ED, or borrowers not making a single mistake in filing paperwork for decades—something almost 6 out of 10 borrowers do. Under NCL’s proposal, borrowers would receive incremental forgiveness. For example, a borrower who is currently eligible for 100% debt cancellation after 10 years of repayment would instead see 10% of their principal balance erased each year for a decade.  

NCL’s full comments to the Department can be found here.  

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.