[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3183 Introduced in Senate (IS)]
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114th CONGRESS
2d Session
S. 3183
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2016
Mr. Moran (for himself, Mr. Schumer, Mrs. Fischer, and Mr. Blumenthal)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
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.--It shall be unlawful for any person--
(1) to knowingly circumvent a security measure, access
control system, or other control or measure on an Internet
website of a ticket issuer that is used by the ticket issuer to
enforce event ticket purchasing limits or to maintain the
integrity of online ticket purchasing order rules; or
(2) to offer for sale any event ticket in interstate
commerce knowingly obtained in violation of paragraph (1).
(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) 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.
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