BOTS Act of 2016
PL 114-274 (S.3183), enacted 12/14/2016

130 STAT. 1401 
PUBLIC LAW 114–274—DEC. 14, 2016 
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 vio-
lates 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 compensa-
tion 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 Commis-
sion 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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130 STAT. 1403 
PUBLIC LAW 114–274—DEC. 14, 2016 
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 con-
sumer 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 Fed-
eral 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 Transpor-
tation). 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
Nov. 30, considered and passed Senate. 
Dec. 7, considered and passed House. 
(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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