By The Canadian Press with files from the Alberta Government

Alberta proposes tougher consumer rules including on line ticket purchases

Nov 29, 2017 | 4:39 PM

EDMONTON – Alberta is bringing in new rules to protect consumers if they get shut out by bots when trying to buy concert or show tickets online.

Service Alberta Minister Stephanie McLean says the proposed legislation is responding to people who feel the online ticket system is rigged against them.

The bill requires ticket sellers doing business in the province to try to identify and cancel large-scale online bot purchases.

If they don’t, the province can act on complaints, investigate and hit them with fines up to $300,000 or even seek jail time.

Ticket resellers like StubHub doing business in Alberta would have to refund tickets found to be counterfeit or cancelled because they were purchased by a bot.

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According to a government news release, the legislation would: “Put fans first by helping prevent ticket fraud and gouging through measures including: banning ticket bots that allow scalpers to buy tickets in bulk, requiring that ticket sellers carry out due diligence to identify any ticket purchased by bots, and requiring re-sellers to offer full refunds for tickets that are cancelled, counterfeit or purchased by bots.”

The proposed ticket sale changes are supported by promoters and those in the music industry.

“Any time we can help the consumer and artist, it’s a good thing. It’s about time laws were put in place to hold people (bot users) accountable – this will bring fairness to the consumer.”

Ron Sakamoto, president, Gold and Gold Productions, and promoter for Keith Urban, Faith Hill, Bryan Adams, Shania Twain and Tim McGraw

“The failings of the so-called secondary ticketing market are global in scale, and though FanFair Alliance is focused on the U.K.’s live music business, we welcome and support all measures – including these in Alberta – that aim to make ticket resale more transparent and consumer-friendly.”  

Adam Webb, manager, FanFair Alliance, supported by a range of music businesses including managers of Mumford & Sons, Ed Sheeran and Arctic Monkeys

If passed, the bill would also improve protections in the following areas, which were the most popular topics raised during public consultations over the summer.

A refocus of the Fair Trading Act has been designed to protect consumers in hte following areas:

— Rename the Fair Trading Act as the Consumer Protection Act to focus the intention and purpose of the act.
— Enable the minister to create a bill of rights that will be a guideline to recognize and respect consumers’ rights, and inform buyers of their rights and support them in making informed purchasing decisions.

Ticket sales

— Ban the use of bots and to help enforce this ban, ensure that businesses and consumers who are harmed have the right to sue bot users. 
— Require sellers to provide refunds for consumers who buy their tickets on the secondary market from places like StubHub when the ticket is cancelled or is counterfeit.

Buying or repairing a car – regulations will

— Require sellers to disclose vehicle history.
— Require a standard bill of sale.
— Establish minimum warranty protections for repairs.
— Require repair shops to provide written estimates, upon request, prior to beginning work, and to obtain consumer authorization before beginning work.

High-cost credit

— Define high-cost credit as 32 per cent and above (e.g., pawn shops, rent-to-own furniture, high-interest instalment loans).
— Establish disclosure and advertising requirements such as a standard format for information to be disclosed in high-cost credit transactions and only advertising in the name under which they are licensed.
— Require the use of standard contract formats or contract terms so consumers clearly understand the nature of high-cost credit and, as a result, can make more informed decisions.
— Establish licensing requirements for high-interest lenders, giving government a stronger ability to enforce marketplace rules through a licensing framework.

Veterinary services

— Require disclosure of fees before administering any veterinary services or treatments for household pets.
— Enable advertising or posting of fees.
— Require customer approval prior to administering veterinary services, unless it is an emergency.

Improve oversight over auto industry

— Strengthen the oversight of AMVIC to better protect the interests of consumers and ensure integrity in the automotive industry.
— Transition AMVIC into a corporation subject to enhanced oversight by the minister.
— Enable the minister to set the composition of the AMVIC board, regulate the appointment of specific roles such as board chair, establish rules for how the board makes decisions and address other similar issues.

Fairness between consumers and business

— Require consumers be notified about and consent to any changes to contracts.
— Disallow clauses that prevent consumers from posting negative business reviews.
— Give consumers who file complaints in good faith or who issue a negative review a new right of defence against lawsuits.
— Give consumers an expanded right to sue in instances of losses.
— Enable the public release of information about charges, convictions and other enforcement actions taken under the act.

The government will also work on setting up a new consumer protection office next year, to consolidate its consumer protection activities – consumer protection call centre, public education, investigations, regulation administration – to enable more proactive actions (e.g., consumer alerts, investigations, anticipating marketplace issues) and preventive measures in addressing consumer trends.