MAIN Event Ticketing Act
The MAIN Event Ticketing Act builds on the Better Online Ticket Sales Act of 2016 (BOTS Act) to curb automated, bot-driven purchases of event tickets and to strengthen protections for consumers. It expands what counts as circumvention by adding a clear prohibition on using software or applications that automatically purchase tickets in ways that bypass posted online purchasing rules. The bill also requires online ticket issuers to enforce posted limits, implement robust security safeguards, report any circumvention incidents (and consumer complaints) to the Federal Trade Commission (FTC), and take steps to address known causes of circumvention. It creates an enforcement framework with civil penalties, lays out law-enforcement coordination, and requires a Congressional report on enforcement progress and limitations. Overall, the Act aims to reduce bot-driven scalping, protect buyers, and impose accountability on ticket sellers and their handling of data and security. Key provisions center on defining circumvention, mandating robust site controls and third-party safeguards, establishing reporting and coordination mechanisms, and enabling FTC civil actions with penalties. The bill also adds guidance and limits on how that guidance can be used in enforcement, and it formalizes interagency and state cooperation to address cyberattacks targeting ticketing platforms.
Key Points
- 1Expanded prohibition on automated ticket purchasing: The Act makes it unlawful to use or cause to be used any application or software that performs automated tasks to purchase event tickets in circumvention of posted online purchasing rules, including bypassing access controls and security measures.
- 2Online ticket issuer duties to enforce policies and safeguard systems: Online ticket issuers must establish and maintain access controls to enforce purchasing limits and protect the integrity of posted order rules. They must regularly update these controls and implement reasonable administrative, technical, and physical safeguards, including requirements for third-party service providers.
- 3Incident reporting and consumer complaint mechanism: Issuers must report known circumvention incidents to the FTC within 30 days of discovery. The FTC must create or use a public website to collect consumer complaints, and the Commission may establish electronic submission processes and coordinate with state attorneys general.
- 4Civil penalties and enforcement authority: Violations can trigger civil penalties starting at not less than $10,000 per day of violation plus at least $1,000 per violation, with enhanced penalties for intentional violations. The FTC would have exclusive authority to sue and obtain injunctive or other relief, though the Attorney General can participate. Civil actions can be pursued in federal court, and penalties are in addition to other remedies.
- 5Law enforcement coordination and reporting: The bill requires coordination among the FTC, FBI, the Department of Justice, and state/local authorities to share information about cyberattacks on ticketing security measures and access controls. It also requires a Congressional report within one year on enforcement status and any limitations in pursuing circumvention incidents.