15 USC 45c - Unfair and deceptive acts and practices relating to circumvention of ticket access control measures

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

(2)

Powers of Commission

(A)

In general

(B)

Privileges and immunities

(C)

Authority preserved

(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

(ii)

Contents

(iii)

Exception

(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

(4)

Preemptive action by Federal Trade Commission

(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; 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

(B)

Savings provision

(Pub. L. 114–274, § 2, Dec. 14, 2016, 130 Stat. 1401.)

cite as: 15 USC 45c

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