(A) the distribution method and the total 
cost of each ticket including all ancillary 
charges; 
(B) the precise location of the seat or 
space to which the ticket would entitle the bear-
er, or, if information about the precise location 
of the seat or space is not available, descriptive 
information about the location of the seat or 
space, such as a description of a section or 
other area within the venue where the seat or 
space is located; and 
(C) if the secondary ticket sales market-
place purchased the ticket during a public sale 
of tickets to the event, the date and time of the 
purchase of the ticket by the secondary ticket 
sales marketplace. 
(5) A requirement that, if a secondary ticket 
sales marketplace guarantees delivery of tickets to a 
purchaser and fails to deliver such tickets, the sec-
ondary ticket sales marketplace shall provide a full 
refund for the total cost of the ticket, including all 
ancillary charges, barring non-delivery due to causes 
beyond reasonable control of the seller including a 
natural disaster, civil disturbance, or otherwise un-
foreseeable impediment. 
VerDate Sep 11 2014 
23:46 Jun 19, 2019
Jkt 034408
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3248.IH
H3248
pbinns on DSK79D2C42PROD with BILLS
(6) A requirement that the secondary ticket 
sales marketplace disclose to a person purchasing a 
ticket any delivery guarantee policy described in 
paragraph (5) before completion of the sale of the 
ticket. 
(7) A requirement that a secondary ticket sales 
marketplace— 
(A) not make any representation of affili-
ation or endorsement with a venue, team, or 
artist, as the case may be, without the express 
written consent of the venue, team, or artist, as 
applicable, except when it constitutes fair use 
and is consistent with applicable laws; and 
(B) in the case of an online secondary tick-
et sales marketplace, post a clear and con-
spicuous notice that the website or mobile appli-
cation is engaged in the secondary sale of tick-
ets and require purchasers to confirm having 
read such notice before registering for an ac-
count with the secondary ticket sales market-
place or starting a transaction. 
(8) A prohibition on the secondary sale of a 
ticket by an individual employee of any venue, pri-
mary ticket seller, team, artist, online resale market-
place, or box office that is involved in hosting, pro-
VerDate Sep 11 2014 
23:46 Jun 19, 2019
Jkt 034408
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3248.IH
H3248
pbinns on DSK79D2C42PROD with BILLS
moting, performing in, or selling tickets if such sec-
ondary sale— 
(A) is for a higher price than the primary 
sale of the ticket; or 
(B) is made to any third party and the em-
ployee has actual knowledge, or knowledge fair-
ly implied on the basis of objective circumstan-
ces, that the third party intends to sell the tick-
et for a higher price than total cost of the tick-
et, including all ancillary charges. 
(9) A prohibition on the secondary sale of a 
ticket for the same seat to more than one person at 
the same time. 
(10) A requirement that no purchaser shall be 
sanctioned or denied admission to an event on the 
basis that such purchaser resold a ticket, gifted, or 
purchased a resold ticket. 
SEC. 5. ENFORCEMENT. 
(a) FEDERAL TRADE COMMISSION.—A violation of a 
rule prescribed pursuant to section 3 or 4 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 Act in 
the same manner, by the same means, and with the same 
VerDate Sep 11 2014 
23:46 Jun 19, 2019
Jkt 034408
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3248.IH
H3248
pbinns on DSK79D2C42PROD with BILLS
jurisdiction as though all applicable terms and provisions 
of the Federal Trade Commission Act were incorporated 
into and made a part of this Act. 
(b) STATE ATTORNEYS GENERAL.— 
(1) IN GENERAL.—Except as provided in para-
graph (6), in any case in which the attorney general 
of a State has reason to believe that an interest of 
the residents of that State has been or is threatened 
or adversely affected by the engagement of any per-
son in a practice that violates a rule prescribed 
under section 3 or 4, the State, as parens patriae, 
may bring a civil action on behalf of the residents 
of the State in an appropriate district court of the 
United States or other court of competent jurisdic-
tion to— 
(A) enjoin that practice; 
(B) enforce compliance with the rule; 
(C) obtain damages, restitution, or other 
compensation on behalf of residents of the 
State; and 
(D) obtain such other relief as the court 
may consider to be appropriate. 
(2) NOTICE.—The State shall serve written no-
tice to the Commission of any civil action under 
paragraph (1) at least 60 days prior to initiating 
VerDate Sep 11 2014 
23:46 Jun 19, 2019
Jkt 034408
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3248.IH
H3248
pbinns on DSK79D2C42PROD with BILLS
such civil action. The notice shall include a copy of 
the complaint to be filed to initiate such civil action, 
except that if it is not feasible for the State to pro-
vide such prior notice, the State shall provide notice 
immediately upon instituting such civil action. 
(3) INTERVENTION
BY
FTC.—Upon receiving 
the notice required by paragraph (2), the Commis-
sion may intervene in such civil action and upon in-
tervening— 
(A) be heard on all matters arising in such 
civil action; 
(B) remove the action to the appropriate 
United States district court; and 
(C) file petitions for appeal of a decision in 
such civil action. 
(4) SAVINGS
CLAUSE.—Nothing in this sub-
section shall prevent the attorney general of a State 
from exercising the powers conferred on the attorney 
general by the laws of such State to conduct inves-
tigations or to administer oaths or affirmations or to 
compel the attendance of witnesses or the production 
of documentary and other evidence. Nothing in this 
section shall prohibit the attorney general of a State, 
or other authorized State officer, from proceeding in 
VerDate Sep 11 2014 
23:46 Jun 19, 2019
Jkt 034408
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3248.IH
H3248
pbinns on DSK79D2C42PROD with BILLS
State or Federal court on the basis of an alleged vio-
lation of any civil or criminal statute of that State. 
(5) VENUE; SERVICE OF PROCESS; JOINDER.— 
In a civil action brought under paragraph (1)— 
(A) the venue shall be a judicial district in 
which the defendant or a related party is found, 
is an inhabitant, or transacts business, or wher-
ever venue is proper under section 1391 of title 
28, United States Code; 
(B) process may be served without regard 
to the territorial limits of the district or of the 
State in which the civil action is instituted; and 
(C) a person who participated with a de-
fendant or related party in an alleged violation 
that is being litigated in the civil action may be 
joined in the civil action without regard to the 
residence of the person. 
(6) PREEMPTIVE ACTION BY FTC.—Whenever a 
civil action or an administrative action has been in-
stituted by or on behalf of the Commission for viola-
tion of any rule described under paragraph (1), no 
State may, during the pendency of such action insti-
tuted by or on behalf of the Commission, institute 
a civil action under paragraph (1) against any de-
VerDate Sep 11 2014 
23:46 Jun 19, 2019
Jkt 034408
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3248.IH
H3248
pbinns on DSK79D2C42PROD with BILLS
fendant named in the complaint in such action for 
violation of any rule as alleged in such complaint. 
(7) AWARD OF COSTS AND FEES.—If a State 
prevails in any civil action under paragraph (1), the 
State can recover reasonable costs and attorney fees 
from the lender or related party. 
(c) PRIVATE RIGHT OF ACTION.—Any person who 
suffers injury as a result of another person’s violation of 
a rule prescribed pursuant to section 3 or 4, may bring 
a civil action against such person in a United States dis-
trict court and may recover from such person damages 
for such injury plus $1,000 for each requirement or pro-
hibited act set forth in such sections that such person vio-
lated with respect to a ticket sold to the person bringing 
such action, and reasonable attorneys’ fees and costs. 
SEC. 6. NONPREEMPTION. 
Nothing in this Act shall affect the authority of any 
State or local government to establish or continue in effect 
a provision of law of the State or local government relating 
to the regulation of the resale of tickets to events or the 
pricing of such tickets for resale, except to the extent that 
such provision is inconsistent with this Act or a regulation 
promulgated under this Act, and then only to the extent 
of the inconsistency. A provision of law of a State or local 
government is not inconsistent with this Act or a regula-
VerDate Sep 11 2014 
23:46 Jun 19, 2019
Jkt 034408
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3248.IH
H3248
pbinns on DSK79D2C42PROD with BILLS
tion promulgated under this Act if such provision provides 
equal or greater protection to purchasers than the protec-
tion provided under this Act or such regulation. 
SEC. 7. FTC STUDY OF TICKET MARKET. 
The Federal Trade Commission shall conduct a study 
of the ticket market to determine the effect of the 
Commissions’s enforcement actions of the BOTS Act 
(Public Law 114–274) since it was enacted on December 
14, 2016. The Commission shall transmit a report to Con-
gress that details all enforcement actions taken since the 
enactment of the BOTS Act (Public Law 114–274) and 
assesses the use of fraudulent identities to circumvent se-
curity measures of a ticket selling website in violation of 
such Act. 
Æ 
VerDate Sep 11 2014 
23:46 Jun 19, 2019
Jkt 034408
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H3248.IH
H3248
pbinns on DSK79D2C42PROD with BILLS