,,ii #aahth ,,congress #ast ,session ,s4 #cdeg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #g1 #bjbc,mr4 ,cornyn 7for himself1 ,ms4 ,klobuchar1 ,mrs4 ,blackburn1 ,mr4 ,welch1 ,mr4 ,wicker1 and ,mr4 ,lujn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to promote fairness in the sale of event tickets4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,fans ,first ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,ensuring ticketing market integrity4,sec4 #d4 ,strengthening the ,,bots ,act4,sec4 #e4 ,enforcement by the ,commission4,sec4 #f4 ,enforcement by ,states4,sec4 #g4 ,severability4 #b4 ,definitions ,in this ,act3 7#a7 ,affirmative express consent ,the term affirmative express consent means an affirmative act by a person that clearly communicates that person's freely given1 specific1 and unambiguous authorization4 7#b7 ,ancillary fee ,the term ancillary fee means any additional charge added to the face value of an event ticket1 excluding taxes4 7#c7 ,artist ,the term artist means any performer1 musician1 comedian1 producer1 ensemble1 or production entity of a theatrical production1 sports team owner1 or similar individual or entity that contracts with an event organizer to put on an event4 7#d7 ,clearly and conspicuously ,the term clearly and conspicuously means1 with respect to a disclosure1 that the disclosure is displayed in a manner that is difficult to miss and easily understandable1 including in the following ways3 7,a7 ,in the case of a visual disclosure1 its size1 contrast1 location1 the length of time it appears1 and other characteristics1 stand out from any accompanying text or other visual elements so that it is easily noticed1 read1 and understood4 7,b7 ,the disclosure must be unavoidable4 7,c7 ,the disclosure must use diction and syntax understandable to ordinary consumers and must appear in each language in which the representation that requires the disclosure appears4 7,d7 ,the disclosure must not be contradicted or mitigated by1 or inconsistent with1 anything else in the communication4 7#e7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#f7 ,event 7,a7 ,in general ,the term event means a live activity described in subparagraph 7,b7-- 7i7 that is taking place in a venue2 7ii7 that is open to the general public2 and 7iii7 7,i7 that is promoted1 advertised1 or marketed in interstate commerce2 or 7,,ii7 for which event tickets are sold or distributed in interstate commerce4 7,b7 ,activities described ,the activities described in this subparagraph are any-- 7i7 live concert1 7ii7 theatrical performance2 7iii7 sporting event2 7iv7 comedy show2 or 7v7 similarly scheduled activity taking place in a venue4 7,c7 ,exempted events ,such term shall not include a live activity described in subparagraph 7,b7 that is-- 7i7 put on by a religious organization for non-commercial purposes2 7ii7 put on by a ,k-#ab school2 or 7iii7 a non-sports-related event put on by a postsecondary school or not-for-profit entity in which the artists are primarily students4 7#g7 ,event organizer ,the term event organizer means1 with respect to an event1 the person 7such as the operator of a venue1 the sponsor or promoter of an event1 a sports team participating in an event or a league whose teams are participating in an event1 a theater company1 musical group1 or similar participant in an event1 or an agent for any such person7 that-- 7,a7 is primarily responsible for the financial risk associated with the event2 7,b7 makes event tickets initially available1 including by contracting with a primary seller2 and 7,c7 7i7 is responsible for organizing1 promoting1 producing1 or presenting an event2 or 7ii7 in the case of an event for which tickets are sold1 holds the rights to present the event4 7#h7 ,event ticket ,the term event ticket means any manifested physical1 electronic1 or other form of a certificate1 document1 voucher1 token1 or other evidence indicating that a person has-- 7,a7 a license to enter an event venue or occupy a particular seat or area in an event venue with respect to one or more events2 or 7,b7 an entitlement to purchase such a license with respect to one or more future events4 7#i7 ,face value ,the term face value means1 with respect to an event ticket1 the initial or acquisition price for the primary sale of the event ticket1 exclusive of any taxes or ancillary fees4 7#aj7 ,fan club program ,the term fan club program means a membership-based program1 primarily established by venues1 artists1 or performers to offer pre-sale opportunities offered before public on-sale of tickets4 7#aa7 ,primary sale ,the term primary sale means1 with respect to a particular event ticket1 the initial sale of that event ticket by or on behalf of the event organizer1 or the sale of an event ticket that was returned to the primary seller or event organizer after its initial sale and is sold by or on behalf of the event organizer under the same terms as such initial sale4 7#ab7 ,primary seller ,the term primary seller means1 with respect to an event ticket1 any person who has the right to sell the event ticket prior to or at the primary sale of the ticket1 including the event organizer1 or any person that provides services to conduct or facilitate the primary sale of event tickets by or on behalf of the event organizer4 7#ac7 ,reseller ,the term reseller means a person who sells or offers for sale1 other than through a primary sale1 an event ticket4 ,that a reseller is also an event organizer or a primary seller does not exempt the reseller from this definition4 7#ad7 ,secondary sale ,the term secondary sale means any sale of an event ticket other than the primary sale of the event ticket1 and does not include the sale of a ticket returned to a primary seller4 7#ae7 ,secondary ticketing exchange ,the term secondary ticketing exchange means any website1 software application1 or other digital platform that facilitates or executes the secondary sale of an event ticket4 ,that a secondary ticketing exchange is also an event organizer or a primary seller does not exempt the secondary ticketing exchange from this definition4 7#af7 ,seller ,the term seller means any primary seller1 secondary ticketing exchange1 reseller1 or any person that sells or makes available for sale an event ticket to the public4 7#ag7 ,total event ticket price ,the term total event ticket price means1 with respect to an event ticket1 the total cost of the event ticket1 including the face value price and any ancillary fees but excluding taxes4 7#ah7 ,,url ,the term ,,url means the ,uniform ,resource ,locator associated with an internet website4 7#ai7 ,venue ,the term venue means a physical space at which an event takes place4 #c4 ,ensuring ticketing market integrity 7a7 ,ban on deceptive ,u,r,ls and improper use of intellectual property 7#a7 ,in general ,it shall be unlawful for a secondary ticketing exchange or reseller1 or the operator of any website purporting to sell or offer for sale event tickets that links or redirects to a secondary ticketing exchange or reseller1 to-- 7,a7 use any artist name1 venue name1 or event organizer name1 graphic1 marketing logo1 image or other intellectual property of the artist1 venue1 or event organizer including any proprietary resemblance of the venue where an event shall occur in promotional materials1 social media promotions1 or ,u,r,ls of the secondary ticketing exchange1 reseller1 or website without the prior authorization of the respective artist1 venue1 or event organizer under the terms of agreement between the artist1 venue1 or event organizer and the secondary ticketing exchange1 reseller1 or website2 or 7,b7 state or imply that the secondary ticketing exchange1 reseller1 or website is affiliated with or endorsed by a venue1 team1 or artist1 as applicable1 including by using words like official in promotional materials1 social media promotions1 search engine optimization1 paid advertising1 ,u,r,ls1 or search engine monetization unless the secondary ticketing exchange1 reseller1 or website has the express written consent of the venue1 team1 or artist1 as applicable4 7#b7 ,permitted use ,paragraph 7#a7 shall not prohibit a secondary ticketing exchange or reseller from using text containing the name of an artist1 venue1 or event organizers to describe an event and identify the location at which the event will occur1 or provide information identifying the space within the venue that an event ticket would entitle the bearer to occupy for an event4 7b7 ,speculative ticketing ban 7#a7 ,in general ,it shall be unlawful for a reseller to sell1 offer for sale1 or advertise for sale an event ticket unless the seller has actual or constructive possession of the event ticket4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to prohibit any person from offering a service to a consumer to obtain an event ticket on behalf of the consumer provided that the person-- 7,a7 does not market or list such service as an event ticket2 7,b7 lists the price for such service separately from the total event ticket price paid by the service provider for the event ticket in any advertisement1 marketing1 price list1 social media promotion1 or other interface that displays a price for such service2 7,c7 maintains a clear1 distinct1 and easily discernible separation between such service and event tickets through unavoidable visual demarcation that persists throughout the entire service selection and purchasing process2 7,d7 clearly and conspicuously discloses prior to selection of the service that such service is not an event ticket and that the purchase of such service does not guarantee a ticket to such event2 7,e7 shall not obtain tickets through any fan club program2 7,f7 shall not obtain more tickets in each transaction than the numerical limitations for tickets set by the venue and artist for each respective event2 and 7,g7 in the event the service is unable to obtain the specified event ticket purchased through the service for the consumer1 provides the consumer that purchased the service1 within a reasonable amount of time-- 7i7 a full refund for the total cost of the service to obtain an event ticket on behalf of the consumer2 or 7ii7 subject to availability1 a replacement event ticket in the same or a comparable location with the approval of the consumer4 7c7 ,requirements for the sale of event tickets ,it shall be unlawful for any seller to sell or offer for sale an event ticket in or affecting commerce1 unless the seller does the following3 7#a7 ,all-in pricing ,the seller clearly and conspicuously-- 7,a7 displays the total event ticket price in any advertisement1 marketing1 price list1 social media promotion1 or other interface that displays a price for the event ticket2 and 7,b7 discloses to any individual who seeks to purchase an event ticket the total event ticket price at the time the ticket is first displayed to the individual and anytime thereafter throughout the ticket purchasing process1 including an itemized breakdown of the face value of the event ticket and all applicable taxes and ancillary fees4 7#b7 ,ticket and refund information ,the seller discloses to any individual who seeks to purchase an event ticket-- 7,a7 the space within the venue that the event ticket would entitle the bearer to occupy for the event1 whether that is general admission or the specific seat or section1 at the initial point of ticket selection by the purchaser2 7,b7 the seller's refund policies and how to obtain a refund from the seller if-- 7i7 the purchaser receives an event ticket that does not match the description of the ticket provided to the purchaser at the point of purchase2 7ii7 the event is canceled or postponed2 7iii7 the event ticket does not or would not grant the purchaser admission to the event2 7iv7 the event ticket is counterfeit2 or 7v7 the event ticket was resold in violation of the terms and conditions established by the event organizer or its primary seller2 7,c7 the date and means of delivery by which the event ticket will be delivered to the purchaser2 7,d7 any restrictions on resale of the event ticket under the terms and conditions of the event ticket2 and 7,e7 a link to the website created by the ,commission under section #e7;d7 through which individuals may report violations of this ,act to the ,commission4 7#c7 ,disclosure of terms and conditions ,the seller discloses or provides a link to the full terms and conditions of the event ticket to any individual who seeks to purchase an event ticket prior to the point of purchase4 7#d7 ,proof of purchase ,if the event ticket is an electronic ticket1 the seller delivers written proof of purchase to the purchaser as soon as is practicable and no later than #bd hours following the purchase of the event ticket1 which shall include-- 7,a7 the date and time of the purchase of the event ticket2 7,b7 the face value and total purchase price of the event ticket1 including all taxes and ancillary fees2 7,c7 the space within the venue that the event ticket would entitle the bearer to occupy for the event1 whether that is general admission or the specific seat or section2 7,d7 the date on which and the means by which the event ticket will be delivered to the purchaser2 and 7,e7 any restrictions on resale of the event ticket under the terms and conditions of the event ticket4 7#e7 ,refund requirements 7,a7 ,in general ,in the event of an event cancellation1 a seller shall provide a purchaser of an event ticket from that seller1 at the option of the purchaser1 at a minimum a full refund of the total event ticket price plus any taxes paid by the purchaser4 7,b7 ,exception ,subparagraph 7,a7 shall not apply where an event is canceled due to a cause beyond the reasonable control of the event organizer1 including a natural disaster1 civil disturbance1 or otherwise unforeseeable impediment4 7d7 ,additional requirements for secondary sales 7#a7 ,disclosures to artist and venue 7,a7 ,in general ,a secondary ticketing exchange shall1 in connection with each secondary sale of an event ticket facilitated or executed by the exchange1 provide at a minimum the ticket purchaser the option to opt-in by affirmative express consent to provide the artist and venue the purchaser's name1 email address1 and phone number for the sole purposes of-- 7i7 ensuring the safety and security of the artist1 venue staff or property1 event attendees1 or any other individual or property associated with the event2 or 7ii7 allowing the artist or venue to provide the purchaser with information about event postponements or cancellations4 7,b7 ,provision of information ,if a purchaser provides the affirmative express consent described in subparagraph 7,a7 to a secondary ticketing exchange1 the exchange shall provide the information described in such subparagraph to the artist and venue4 7,c7 ,prohibition on unauthorized uses ,it shall be unlawful for an artist or venue to use information disclosed to the artist or venue in accordance with this paragraph from any purpose other than the purposes described in clauses 7i7 and 7ii7 of subparagraph 7,a71 including for promotional purposes4 7,d7 ,rule of construction ,nothing in this paragraph shall be construed to conflict with or preempt existing data privacy laws4 7#b7 ,notice of secondary sale ,it shall be unlawful for a secondary ticketing exchange to-- 7,a7 facilitate or execute the secondary sale of an event ticket unless the secondary ticketing exchange clearly and conspicuously discloses-- 7i7 that it is not the primary seller of the event ticket at the top of its website1 or at a comparable appropriate place on its software application or other digital platform1 and at the point of purchase2 or 7ii7 if the secondary ticketing exchange also operates as the primary seller with respect to the event ticket1 a notice on any page or interface that facilitates the resale of event tickets1 that event tickets available on the page or interface are being resold2 7,b7 receive the exclusive right to use the artist name1 venue name1 event organizer name1 graphic1 marketing logo1 image or other intellectual property of the artist1 venue1 or event organizer in promotional materials1 social media promotions1 search engine optimization1 or in any marketing agreement between the artist1 venue1 or event organizer and the secondary ticketing exchange1 if the secondary ticketing exchange is owned by1 controlled by1 or under common ownership or control with a person that also operates as a primary seller or event organizer2 or 7,c7 advertise or represent that it is the primary seller of an event for which it is not the primary seller4 7e7 ,,gao studies of ticketing market practices 7#a7 ,in general ,one year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall release a study on the event ticket market4 7#b7 ,contents of study ,the study required under paragraph 7#a7 shall include-- 7,a7 an assessment of how professional resellers obtain event tickets that are subsequently offered for resale1 including whether those methods violate the ,,bots ,act 7,public ,law #aad-bgd72 7,b7 an assessment of event ticket brokers obtaining tickets through fan club1 venue pre sales1 or credit card rewards programs2 7,c7 an assessment of the prevalence of counterfeit or fraudulently sold event tickets and whether incidents of counterfeit or fraudulently sold event tickets are reported to law enforcement agencies by consumers1 venues1 sellers1 or other entities2 7,d7 an assessment of the incidence of consumers purchasing event tickets on secondary ticketing exchanges who are subsequently denied entry to the event for which they purchased event tickets2 7,e7 an assessment of the percentage of event tickets to events that are acquired by professional resellers for purposes of resale2 7,f7 an assessment of the average cost of event tickets in relation to their face value and total event ticket price2 7,g7 an assessment of the average cost of concert event tickets sold on the secondary market in relation to their face value and total event ticket price2 7,h7 an assessment of the average cost of event tickets in relation to their face value1 ancillary fees and total event ticket price in both the primary and secondary markets2 7,i7 an assessment of primary and secondary exchange market share1 including an estimate of how many tickets are purchased and resold on the same platform and average fees generated in closed-loop ticket resale2 7,j7 an assessment of the overall size of the resale market1 including percentage of tickets resold and the total monetary volume of the resale market2 7,k7 an assessment of consumer use of the resale market1 including how often ordinary consumers who intended to go to an event had to resell event tickets and what percentage of face value their event tickets sold for2 7,l7 an assessment of the prevalence of exclusive contracts between a primary seller and any venue or artist1 including the effect of such exclusive contracts on the market for primary seller services1 taking into account averages for events of various types 7including but not limited to sports1 concerts1 fine arts performances7 and venues 7including but not limited to stadiums1 amphitheaters1 concert halls1 clubs72 7,m7 an assessment of event ticket allocation by primary sellers1 including the effect of event ticket allocation on event ticket prices1 taking into account averages for events of various types 7including but not limited to sports1 concerts1 fine arts performances7 and venues 7including but not limited to stadiums1 amphitheaters1 concert halls1 clubs72 7,n7 an assessment of secondary ticketing exchanges and event ticket brokers offering services to a consumer to obtain an event ticket on behalf of the consumer1 including but not limited to whether the platforms and brokers are deploying unfair1 unethical1 or illegal tactics to acquire such tickets and prevent fans from accessing them at face value2 7,o7 an assessment of market manipulation techniques employed by professional resellers1 including but not limited to buy and hold strategies where event tickets purchased for resale are not listed for sale to affect secondary event ticket prices2 and 7,p7 an assessment of the prevalence of exclusive national touring arrangements between promoters and artists and an assessment of artists represented by managers under shared ownership with promoters and ticketing companies1 including how often those artists utilize the services of companies under shared ownership1 including ticketing1 event organizing1 merchandising and venue rental4 #d4 ,strengthening the ,,bots ,act 7a7 ,in general ,section #b of the ,better ,online ,ticket ,sales ,act of #bjaf 7#ae ,u4,s4,c4 #de;c7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,a71 by striking 2 or and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new subparagraph3 7,c7 to use or cause to be used an application that performs automated tasks to purchase event tickets from an internet website or online service in circumvention of posted online ticket purchasing order rules of the internet website or online service1 including a software application that circumvents an access control system1 security measure1 or other technological control or measure4 2 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 7#c7 by inserting after subsection 7a7 the following new subsection3 7b7 ,requiring online ticket issuers ,to put in place site policies and establish safeguards ,to protect site security 7#a7 ,requirement to enforce site policies ,each ticket issuer that owns or operates an internet website or online service that facilitates or executes the sale of event tickets shall ensure that such website or service has in place an access control system1 security measure1 or other technological control or measure to enforce posted event ticket purchasing limits4 7#b7 ,requirement to establish site security safeguards 7,a7 ,in general ,each ticket issuer that owns or operates an internet website or online service that facilitates or executes the sale of event tickets shall establish1 implement1 and maintain reasonable administrative1 technical1 and physical safeguards to protect the security1 confidentiality1 integrity1 or availability of the website or service4 7,b7 ,considerations ,in establishing the safeguards described in subparagraph 7,a71 each ticket issuer described in such paragraph shall consider-- 7i7 the administrative1 technical1 and physical safeguards that are appropriate to the size and complexity of the ticket issuer2 7ii7 the nature and scope of the activities of the ticket issuer2 7iii7 the sensitivity of any customer information at issue2 and 7iv7 the range of security risks and vulnerabilities that are reasonably foreseeable or known to the ticket issuer4 7,c7 ,third parties and service providers 7i7 ,in general ,where applicable1 a ticket issuer that owns or operates an internet website or online service that facilitates or executes the sale of event tickets shall implement and maintain procedures to require that any third party or service provider that performs services with respect to the sale of event tickets or has access to data regarding event ticket purchasing on the website or service maintains reasonable administrative1 technical1 and physical safeguards to protect the security and integrity of the website or service and that data4 7ii7 ,oversight procedure requirements ,the procedures implemented and maintained by a ticket issuer in accordance with clause 7i7 shall include the following3 7,i7 ,taking reasonable steps to select and retain service providers that are capable of maintaining appropriate safeguards for the customer information at issue4 7,,ii7 ,requiring service providers by contract to implement and maintain adequate safeguards4 7,,iii7 ,periodically assessing service providers based on the risk they present and the continued adequacy of their safeguards4 7,d7 ,updates ,a ticket issuer that owns or operates an internet website or online service that facilitates or executes the sale of event tickets shall regularly evaluate and make adjustments to the safeguards described in subparagraph 7,a7 in light of any material changes in technology1 internal or external threats to system security1 confidentiality1 integrity1 and availability1 and the changing business arrangements or operations of the ticket issuer4 7#c7 ,requirement to report incidents of circumvention2 consumer complaints 7,a7 ,in general ,a ticket issuer that owns or operates an internet website or online service that facilitates or executes the sale of event tickets shall report to the ,commission any incidents of circumvention of which the ticket issuer has actual knowledge4 7,b7 ,consumer complaint website ,not later than #ahj days after the date of enactment of the ,fans ,first ,act1 the ,commission shall create a publicly available website 7or modify an existing publicly available website of the ,commission7 to allow individuals to report violations of this subsection to the ,commission4 7,c7 ,reporting timeline and process 7i7 ,timeline ,a ticket issuer shall report known incidents of circumvention within a reasonable period of time after the incident of circumvention is discovered by the ticket issuer1 and in no case later than #cj days after an incident of circumvention is discovered by the ticket issuer4 7ii7 ,automated submission ,the ,commission may establish a reporting mechanism to provide for the automatic submission of reports required under this subsection4 7iii7 ,coordination with state attorneys general ,the ,commission shall-- 7,i7 share reports received from ticket issuers under subparagraph 7,a7 with ,state attorneys general as appropriate2 and 7,,ii7 share consumer complaints submitted through the website established under subparagraph 7,b7 with ,state attorneys general as appropriate4 7#d7 ,duty to address causes of circumvention ,a ticket issuer that owns or operates an internet website or online service that facilitates or executes the sale of event tickets must take reasonable steps to improve its access control systems1 security measures1 and other technological controls or measures to address any incidents of circumvention of which the ticket issuer has actual knowledge4 7#e7 ,,ftc guidance ,not later than #a year after the date of enactment of the ,fans ,first ,act1 the ,commission shall publish guidance for ticket issuers on compliance with the requirements of this subsection4 2 7#d7 in subsection 7c71 as redesignated by paragraph 7#a7 of this subsection-- 7,a7 by striking subsection 7a7 each place it appears and inserting subsection 7a7 or 7b72 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking ,the ,commission and inserting ,except as provided in paragraph 7#c71 the ,commission2 and 7ii7 in subparagraph 7,b71 by striking ,any person and inserting ,subject to paragraph 7#c71 any person2 and 7,c7 by adding at the end the following new paragraphs3 7#c7 ,civil action 7,a7 ,in general ,if the ,commission has reason to believe that any person has committed a violation of subsection 7a7 or 7b71 the ,commission may bring a civil action in an appropriate district court of the ,united ,states to-- 7i7 recover a civil penalty under paragraph 7#d72 and 7ii7 seek other appropriate relief1 including injunctive relief and other equitable relief4 7,b7 ,litigation authority ,except as otherwise provided in section #af7;a77#c7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #ef7;a77#c771 the ,commission shall have exclusive authority to commence or defend1 and supervise the litigation of1 any civil action authorized under this paragraph and any appeal of such action in its own name by any of its attorneys designated by it for such purpose1 unless the ,commission authorizes the ,attorney ,general to do so4 ,the ,commission shall inform the ,attorney ,general of the exercise of such authority and such exercise shall not preclude the ,attorney ,general from intervening on behalf of the ,united ,states in such action and any appeal of such action as may be otherwise provided by law4 7,c7 ,rule of construction ,any civil penalty or relief sought through a civil action under this paragraph shall be in addition to other penalties and relief as may be prescribed by law4 7#d7 ,civil penalties 7,a7 ,in general ,any person who violates subsection 7a7 or 7b7 shall be liable for-- 7i7 a civil penalty of not less than #aj1jjj for each day during which the violation occurs or continues to occur2 and 7ii7 an additional civil penalty of not less than #a1jjj per violation4 7,b7 ,enhanced civil penalty for intentional violations ,in addition to the civil penalties under subparagraph 7,a71 a person that intentionally violates subsection 7a7 or 7b7 shall be liable for a civil penalty of not less than #aj1jjj per violation4 2 7#e7 in subsection 7d71 as redesignated by paragraph 7#a7 of this subsection1 by striking subsection 7a7 each place it appears and inserting subsection 7a7 or 7b72 and 7#f7 by adding at the end the following new subsections3 7e7 ,law enforcement coordination 7#a7 ,in general ,the ,federal ,bureau of ,investigation1 the ,department of ,justice1 and other relevant ,state or local law enforcement officials shall coordinate as appropriate with the ,commission to share information about known instances of cyberattacks on security measures1 access control systems1 or other technological controls or measures on an internet website or online service that are used by ticket issuers to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules4 ,such coordination may include providing information about ongoing investigations but may exclude classified information or information that could compromise a law enforcement or national security effort1 as appropriate4 7#b7 ,cyberattack defined ,in this paragraph1 the term cyberattack means an attack1 via cyberspace1 targeting an enterprise's use of cyberspace for the purpose of-- 7,a7 disrupting1 disabling1 destroying1 or maliciously controlling a computing environment or computing infrastructure2 or 7,b7 destroying the integrity of data or stealing controlled information4 7f7 ,congressional report ,not later than #a year after the date of enactment of this paragraph1 the ,commission shall report to ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives on the status of enforcement actions taken pursuant to this ,act1 as well as any identified limitations to the ,commission's ability to pursue incidents of circumvention described in subsection 7a77#a77;,a74 4 7b7 ,additional definition ,section #c of the ,better ,online ,ticket ,sales ,act of #bjaf 7#ae ,u4,s4,c4 #de;c note7 is amended by adding at the end the following new paragraph3 7#d7 ,circumvention ,the term circumvention means the act of avoiding1 bypassing1 removing1 deactivating1 or otherwise impairing an access control system1 security measure1 safeguard1 or other technological control or measure described in section #b7;b77#a74 4 #e4 ,enforcement by the ,commission 7a7 ,,ftc ,act violation ,any person who violates section #c of this ,act shall be liable for engaging in an unfair or deceptive act or practice under section #e7;a77#a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#a774 7b7 ,civil action ,if the ,commission has reason to believe that any person has violated section #c of this ,act1 the ,commission may bring a civil action in an appropriate district court of the ,united ,states to-- 7#a7 recover a civil penalty under subsection 7c72 and 7#b7 seek other appropriate relief1 including injunctive relief4 7c7 ,civil penalty 7#a7 ,in general ,any person who violates section #c of this ,act shall be liable for-- 7,a7 a civil penalty of at least #ae1jjj for each day during which the violation occurs or continues to occur2 and 7,b7 an additional civil penalty equal to the greater of-- 7i7 #a1jjj per event ticket advertised1 listed1 sold1 or resold in violation of this ,act2 or 7ii7 an amount equal to the sum of the total event ticket prices for each event ticket listed or sold in violation of this ,act1 multiplied by #e4 7#b7 ,enhanced civil penalty for intentional violations ,in addition to the civil penalty under paragraph 7#a71 a person that intentionally violates section #c of this ,act shall be liable for a civil penalty of at least #aj1jjj per event ticket sold or resold in violation of this ,act4 7d7 ,complaint website 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall create a publicly available website where individuals may report violations of this ,act4 7#b7 ,cooperation with ,state ,a,gs ,as appropriate1 the ,commission shall share reports received through the website created under paragraph 7#a7 with ,state attorneys general4 7e7 ,,ftc report ,the ,commission shall report annually to ,congress on enforcement metrics1 activity1 and effectiveness under this ,act4 #f4 ,enforcement by ,states 7a7 ,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 in a practice that violates section #c of this ,act1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states-- 7#a7 to enjoin further violation of such provision by such person2 7#b7 to compel compliance with such provision2 and 7#c7 to obtain damages1 restitution1 or other compensation on behalf of such residents4 7b7 ,investigatory powers ,nothing in this section may be construed to prevent the attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of the ,state to conduct investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7c7 ,venue2 service of process 7#a7 ,venue ,any action brought under subsection 7a7 may be brought in-- 7,a7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7,b7 another court of competent jurisdiction4 7#b7 ,service of process ,in an action brought under subsection 7a71 process may be served in any district in which the defendant-- 7,a7 is an inhabitant2 or 7,b7 may be found4 7d7 ,actions by other ,state officials 7#a7 ,in general ,in addition to civil actions brought by attorneys general under subsection 7a71 any other consumer protection officer of a ,state who is authorized by the ,state to do so may bring a civil action under subsection 7a71 subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general4 7#b7 ,savings provision ,nothing in this section 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 ,state4 #g4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and of the amendments made by this ,act1 and the application of the remaining provisions of this ,act and amendments to any person or circumstance1 shall not be affected4