PRINTER'S NO. 1538

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1378

Session of

2023

INTRODUCED BY MALAGARI, MADDEN, CIRESI, HILL-EVANS, SANCHEZ,

KINKEAD, CERRATO, WARNER, BRIGGS, MADSEN, GAYDOS, PIELLI,

GERGELY, McANDREW, HADDOCK, FLOOD, DONAHUE, PISCIOTTANO,

entitled "An act prohibiting unfair methods of competition

and unfair or deceptive acts or practices in the conduct of

any trade or commerce, giving the Attorney General and

District Attorneys certain powers and duties and providing

penalties," providing for online access control measures.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of December 17, 1968 (P.L.1224, No.387),

known as the Unfair Trade Practices and Consumer Protection Law,

is amended by adding a section to read:

network or computer system, for the purpose of purchasing

tickets with the intent to resell the tickets.

(2) Use or cause to be used a software application that runs

automated tasks over the Internet and that circumvents or

disables any electronic queues, waiting periods or other sales

volume limitation systems associated with online ticket sales

for events, or uses or causes to be used multiple email

addresses or Internet service providers to circumvent or disable

the systems.

(3) Use or cause to be used a software application that runs

violation of paragraph (1), (2) or (3) if the person selling or

offering to sell the product or service:

(i) participated directly in or had the ability to control

the conduct in violation of paragraph (1), (2) or (3); or

(ii) knew or should have known that the product or service

was acquired in violation of paragraph (1), (2) or (3).

(b) It shall not be unlawful under this act for a person to

create or use any computer software or system to:

(1) investigate or further the enforcement or defense of any

alleged violation of this section or other statute or

(i) advance the state of knowledge in the field of computer

system security; or

(ii) assist in the development of a computer security

product.

(c) An operator, primary ticket platform or rights holder

that suffers injury as a result of another person's violation of

this act may bring a civil action against the person for damages

for the injury, plus one thousand dollars ($1,000) for each

ticket sale made in violation of this act, reasonable attorney

ownership rights to sell a ticket to an event for which tickets

for entry by the public are required.

(2) With respect to a specific live event, a performing

artist or team or an agent working on behalf of the performing

artist or team.

"Venue" means a public or private facility at which the

general public is admitted for a sporting event, concert,

theater performance, amusement or other entertainment event.

Section 2. This act shall take effect in 60 days.