BOTS Act

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 to provide for criminal penalties for such acts. 1. Short title This Act may be cited as the Better On-line Ticket Sales Act of 2014 BOTS Act 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) 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. 4. Fraud in using or selling ticket access circumvention software Chapter 47 1041. Fraud in using or selling ticket access circumvention software (a) Whoever— (1) intentionally uses or sells 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) sells any ticket in interstate commerce knowingly obtained by that person or another in violation of paragraph (1), shall be punished as provided in subsection (b). (b) The punishment for an offense under subsection (a) shall be punished by a fine of the greater of— (1) not more than $100 for each distinct use or sale of software in violation of paragraph (1) of subsection (a) or sale of a ticket in violation of paragraph (2) of such subsection, or (2) not more than $25,000, or by imprisonment for not more than five years, or by both such fine and imprisonment. .

Summary: Better On-line Ticket Sales Act of 2014 or the BOTS Act Prohibits: (1) intentionally using or selling 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) selling any ticket in interstate commerce knowingly obtained in violation of such prohibition. Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act. Authorizes a person who suffers injury as a result of a violation of this Act to bring a civil action for damages plus $1,000 for each distinct use or sale of software, or sale of a ticket, that caused such injury and reasonable attorneys' fees. Amends the federal criminal code to prescribe criminal penalties for such an offense.