HOUSE BILL REPORT

HB 1584

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:

Technology & Economic Development

Title: An act relating to the sale of software used in the unauthorized interference of ticket sales over the internet.

Brief Description: Concerning the sale of software used in the unauthorized interference of ticket sales over the internet.

Sponsors: Representatives Young, Shea, Taylor and Condotta.

Brief History:

Committee Activity:

Technology & Economic Development: 2/7/17, 1/17/18 [DP].

Brief Summary of Bill

  • Changes the standard of liability for ticket bot software sellers.

HOUSE COMMITTEE ON TECHNOLOGY & ECONOMIC DEVELOPMENT

Majority Report: Do pass. Signed by 13 members: Representatives Morris, Chair; Kloba, Vice Chair; Tarleton, Vice Chair; Smith, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Harmsworth, Hudgins, Manweller, Santos, Slatter, Steele, Wylie and Young.

Staff: Lily Smith (786-7175).

Background:

Ticket Website Robots.

Ticket bots, or website robots, are software programs used to interfere with or disrupt the operation of ticket sales over the Internet, or to buy up a substantial portion of the available tickets for later private resale. Interference by ticket bots includes gaining unauthorized priority access to purchasing tickets and reducing access of the general public to online ticket sales at the intended, original price. Commonly affected ticket sales include those for concerts, sporting events, and other entertainment events.

It is a violation of the Consumer Protection Act if a seller of ticket bot software knows or should know that the purpose of the software is to circumvent, thwart, interfere with, or evade a security measure, access control system, or other control or measure on a ticket seller's website.

Consumer Protection Act.

The state Consumer Protection Act (CPA) prohibits unfair or deceptive acts or practices in trade or commerce. A private person or the Attorney General may bring a civil action to enforce the provisions of the CPA. A person or entity found to have violated the CPA is subject to treble damages and attorney's fees.

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Summary of Bill:

The limitation that the sale of ticket bot software is only a violation of the CPA, if the seller knows or should know the unlawful purpose of the software is changed to only, if the seller knows or markets the unlawful purpose of the software.

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Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

See Committee Records from 2017 Legislative Session.

Persons Testifying:

See Committee Records from 2017 Legislative Session.

Persons Signed In To Testify But Not Testifying:

See Committee Records from 2017 Legislative Session.