PUBLIC LAW 114–274—DEC. 14, 2016 130 STAT. 1401 

Public Law 114–274 

114th Congress 

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 

15 USC 45c. 

15 USC 58 note. 

Better Online 

Ticket Sales Act 

of 2016. 

Dec. 14, 2016 

[S. 3183] 


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130 STAT. 1402 PUBLIC LAW 114–274—DEC. 14, 2016 

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 

Records. 

Deadline. 


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PUBLIC LAW 114–274—DEC. 14, 2016 130 STAT. 1403 

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 

15 USC 45c note. 


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130 STAT. 1404 PUBLIC LAW 114–274—DEC. 14, 2016 

LEGISLATIVE HISTORY—S. 3183 (H.R. 5104): 

HOUSE REPORTS: No. 114–733 (Comm. on Energy and Commerce) accompanying 

H.R. 5104. 

SENATE REPORTS: No. 114–391 (Comm. on Commerce, Science, and Transportation). 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Nov. 30, considered and passed Senate. 

Dec. 7, considered and passed House. 

Æ 

(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. 

Approved December 14, 2016. 


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