[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3183 Enrolled Bill (ENR)]
S.3183
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To prohibit the circumvention of 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 Online Ticket Sales Act of
2016'' or the ``BOTS Act of 2016''.
SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO
CIRCUMVENTION OF TICKET ACCESS CONTROL MEASURES.
(a) Conduct Prohibited.--
(1) In general.--Except as provided in paragraph (2), it shall
be unlawful for any person--
(A) to circumvent a security measure, access control
system, or other technological control or measure on an
Internet website or online service that is used by the ticket
issuer to enforce posted event ticket purchasing limits or to
maintain the integrity of posted online ticket purchasing order
rules; or
(B) to sell or offer to sell any event ticket in interstate
commerce obtained in violation of subparagraph (A) if the
person selling or offering to sell the ticket either--
(i) participated directly in or had the ability to
control the conduct in violation of subparagraph (A); or
(ii) knew or should have known that the event ticket
was acquired in violation of subparagraph (A).
(2) Exception.--It shall not be unlawful under this section for
a person to create or use any computer software or system--
(A) to investigate, or further the enforcement or defense,
of any alleged violation of this section or other statute or
regulation; or
(B) to engage in research necessary to identify and analyze
flaws and vulnerabilities of measures, systems, or controls
described in paragraph (1)(A), if these research activities are
conducted to advance the state of knowledge in the field of
computer system security or to assist in the development of
computer security product.
(b) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a rule defining
an unfair or a deceptive act or practice under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Commission shall enforce this section
in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C.
41 et seq.) were incorporated into and made a part of this
section.
(B) Privileges and immunities.--Any person who violates
subsection (a) shall be subject to the penalties and entitled
to the privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(C) Authority preserved.--Nothing in this section shall be
construed to limit the authority of the Federal Trade
Commission under any other provision of law.
(c) Enforcement by States.--
(1) In general.--In any case in which the attorney general of a
State has reason to believe that an interest of the residents of
the State has been or is threatened or adversely affected by the
engagement of any person subject to subsection (a) in a practice
that violates such subsection, the attorney general of the State
may, as parens patriae, bring a civil action on behalf of the
residents of the State in an appropriate district court of the
United States--
(A) to enjoin further violation of such subsection by such
person;
(B) to compel compliance with such subsection; and
(C) to obtain damages, restitution, or other compensation
on behalf of such residents.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in clause (iii),
the attorney general of a State shall notify the Commission
in writing that the attorney general intends to bring a
civil action under paragraph (1) not later than 10 days
before initiating the civil action.
(ii) Contents.--The notification required by clause (i)
with respect to a civil action shall include a copy of the
complaint to be filed to initiate the civil action.
(iii) Exception.--If it is not feasible for the
attorney general of a State to provide the notification
required by clause (i) before initiating a civil action
under paragraph (1), the attorney general shall notify the
Commission immediately upon instituting the civil action.
(B) Intervention by federal trade commission.--The
Commission may--
(i) intervene in any civil action brought by the
attorney general of a State under paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising in the civil
action; and
(II) file petitions for appeal of a decision in the
civil action.
(3) Investigatory powers.--Nothing in this subsection may be
construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the laws
of the State to conduct investigations, to administer oaths or
affirmations, or to compel the attendance of witnesses or the
production of documentary or other evidence.
(4) Preemptive action by federal trade commission.--If the
Commission institutes a civil action or an administrative action
with respect to a violation of subsection (a), the attorney general
of a State may not, during the pendency of such action, bring a
civil action under paragraph (1) against any defendant named in the
complaint of the Commission for the violation with respect to which
the Commission instituted such action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1) may be
brought in--
(i) the district court of the United States that meets
applicable requirements relating to venue under section
1391 of title 28, United States Code; or
(ii) another court of competent jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in which
the defendant--
(i) is an inhabitant; or
(ii) may be found.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions brought by
attorneys general under paragraph (1), any other consumer
protection officer of a State who is authorized by the State to
do so may bring a civil action under paragraph (1), subject to
the same requirements and limitations that apply under this
subsection to civil actions brought by attorneys general.
(B) Savings provision.--Nothing in this subsection may be
construed to prohibit an authorized official of a State from
initiating or continuing any proceeding in a court of the State
for a violation of any civil or criminal law of the State.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Event.--The term ``event'' means any concert, theatrical
performance, sporting event, show, or similarly scheduled activity,
taking place in a venue with a seating or attendance capacity
exceeding 200 persons that--
(A) is open to the general public; and
(B) is promoted, advertised, or marketed in interstate
commerce or for which event tickets are generally sold or
distributed in interstate commerce.
(3) Event ticket.--The term ``event ticket'' means any
physical, electronic, or other form of a certificate, document,
voucher, token, or other evidence indicating that the bearer,
possessor, or person entitled to possession through purchase or
otherwise has--
(A) a right, privilege, or license to enter an event venue
or occupy a particular seat or area in an event venue with
respect to one or more events; or
(B) an entitlement to purchase such a right, privilege, or
license with respect to one or more future events.
(4) Ticket issuer.--The term ``ticket issuer'' means any person
who makes event tickets available, directly or indirectly, to the
general public, and may include--
(A) the operator of the venue;
(B) the sponsor or promoter of an event;
(C) a sports team participating in an event or a league
whose teams are participating in an event;
(D) a theater company, musical group, or similar
participant in an event; and
(E) an agent for any such person.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.