Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Innovation, Technology & Economic Development Committee

HB 1762

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.

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

Sponsors: Representative Young.

Brief Summary of Bill

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

Hearing Date: 2/13/19

Staff: Kyle Raymond (786-7190).

Background:

Ticket Website Robots.

Ticket bots, or website robots, are software programs used to interfere with the operation of ticket sales over the Internet, or they are used to buy a substantial portion of available tickets for later private resale. Interference includes gaining unauthorized priority access to purchasing tickets, which reduces general public access to online ticket sales at the original price. Ticket bots commonly affect the ticket sales of concerts, sporting events, and other entertainment events.

Ticket bot software sellers and users violate the Consumer Protection Act (CPA) if they know 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.

Washington's 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.

Summary of Bill:

The provision that a ticket bot software seller violates the Consumer Protection Act only if the seller knows or should know the unlawful purpose of the software is changed. A ticket bot software seller violates the Consumer Protection Act if the seller knows or markets 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.

Appropriation: None.

Fiscal Note: Available.

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