Tom Zahner, of Cologne, Germany, leaves the Spider-Man box office...

Tom Zahner, of Cologne, Germany, leaves the Spider-Man box office after purchasing tickets to a preview of the Broadway musical "Spider-Man: Turn Off the Dark." (Dec. 21, 2010) Credit: AP

Ticket buyers for "Spider-Man: Turn Off the Dark" and other Broadway shows must now be told when seats are for previews and not the finished product.

The city's Department of Consumer Affairs said Friday that failure to disclose work-in-progress previews is a deceptive practice prohibited by its law. Kay Sarlin, spokeswoman for the department, said the office issued a "letter of interpretation" to the Broadway League, "and the League agreed to abide by that interpretation."

Other shows have neglected labeling previews on their official websites that sell tickets. But the problem came to light Jan. 5 when Bill de Blasio, New York's public advocate, alerted the DCA to the extended unlabeled previews of the high-profile "Spider-Man." In a letter to commissioner Jonathan Mintz, de Blasio called the injury-plagued $65 million mega-musical a "clear example" of a show that "may be in violation of consumer protection laws."

On Thursday, "Spider-Man," which has been running in full-price unlabeled previews since Nov. 28, postponed its opening from Feb. 7 to March 15. This is the fifth time that the show, still being redone by director Julie Taymor with music by U2's Bono and The Edge, pushed back the date when professional critics are invited to review.

Last week, the show (where the best seats sell from $140 to the "premium" $275) beat out "Wicked" as Broadway's biggest grossing attraction. By March 15, it will have played more than 100 previews, a Broadway record.

In a statement Friday to Newsday, de Blasio said, "Shining a spotlight appears to have had an impact. Sometimes, all it takes is a reminder for people to do the right thing. I'm heartened the producers of 'Spider-Man' and the Broadway League are taking steps to ensure theatergoers know what they're buying when they purchase tickets for a 'preview' performance."

The DCA statement concludes that "while not all previous advertising fully notified consumers that the production was still in previews, the issue appears to be corrected to our satisfaction. Current advertisements now more clearly indicate preview status and our talks with the Broadway League, the industry's association, reassure us that the League has been and will continue to be proactive in notifying its members that previews for all productions must be so advertised."

As of Saturday morning, the "Spider-Man" website had added the word "preview" but announced the opening as Feb. 7, not March 15. A phone operator at Ticketmaster did not volunteer that the show was in previews, but confirmed it when specifically asked.

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