An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, providing for online access control measures.

PRINTER'S NO. 293
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 355
Session of
2025
INTRODUCED BY BROOKS, PENNYCUICK, KANE, CULVER, COSTA, DUSH AND
TARTAGLIONE, FEBRUARY 26, 2025
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 26, 2025
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
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:
Section 3.2. Online Access Control Measures.--(a) Except as
provided in subsection (b), it shall be unlawful for any person
in this Commonwealth to:
(1) Use or cause to be used a software application that runs
automated tasks over the Internet to access a computer, computer
network or computer system, or any part of a computer, computer
network or computer system, for the purpose of purchasing
tickets with the intent to resell the tickets.
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(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
automated tasks over the Internet to circumvent or disable a
security measure, access control system or other technological
control or measure on an Internet website or online service that
is used by the operator to facilitate authorized entry into an
event.
(4) Sell or offer to sell any product or service obtained in
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
regulation; or
(2) engage in research necessary to identify and analyze
flaws and vulnerabilities of measures, systems or controls
described in subsection (a), if these research activities are
conducted to:
(i) advance the state of knowledge in the field of computer
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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 section may bring a civil action against the person for
damages for the injury, plus five hundred dollars ($500) for
each ticket sale made in violation of this act, reasonable
attorney fees and costs.
(d) As used in this section:
"Operator" means a person that owns, operates or controls a
venue or that organizes or produces entertainment.
"Rights holder" means any of the following:
(1) A person, including a venue, that has the initial
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.
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