[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5104 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5104

 To prohibit, as an unfair and deceptive act or practice in commerce, 
the sale or use of certain software to circumvent control measures used 
   by Internet ticket sellers to ensure equitable consumer access to 
          tickets for any given event, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2016

 Mrs. Blackburn (for herself, Mr. Tonko, Mr. Burgess, Mr. Israel, Mr. 
 Tiberi, Mr. Cohen, Mr. DesJarlais, Mr. Cooper, Mr. Byrne, Mr. Nadler, 
 Mr. Bishop of Michigan, Mr. Costello of Pennsylvania, Ms. Jenkins of 
    Kansas, Mr. Harper, Mr. Ross, and Mr. Cardenas) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To prohibit, as an unfair and deceptive act or practice in commerce, 
the sale or use of certain software to circumvent control measures used 
   by Internet ticket sellers to ensure equitable consumer access to 
          tickets for any given event, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Better On-line Ticket Sales Act of 
2016'' or the ``BOTS Act''.

SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO USE OF 
              TICKET ACCESS CIRCUMVENTION SOFTWARE.

    (a) Conduct Prohibited.--It shall be unlawful for any person--
            (1) to intentionally use or sell software to circumvent a 
        security measure, access control system, or other control or 
        measure on a ticket seller's Internet website that is used by 
        the seller to ensure equitable consumer access to tickets for 
        any given event; or
            (2) to sell any ticket in interstate commerce knowingly 
        obtained by that person or another in violation of paragraph 
        (1).
    (b) Federal Trade Commission Enforcement.--A violation of 
subsection (a) shall be treated as a violation of a rule defining an 
unfair or deceptive act or practice prescribed under section 
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)). The Federal Trade Commission shall enforce this section 
in the same manner, by the same means, and with the same jurisdiction 
as though all applicable terms and provisions of the Federal Trade 
Commission Act were incorporated into and made a part of this Act.

SEC. 3. CIVIL ACTION.

    Any person who suffers injury as a result of another person's 
violation of subsection (a) of section 2, may bring a civil action 
against such person in a United States district court and may recover 
from such person damages for such injury plus $1,000 for each distinct 
use or sale of software in violation of paragraph (1) of such 
subsection or sale of a ticket in violation of paragraph (2) of such 
subsection that caused such injury, and reasonable attorneys' fees and 
costs.
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