The use of bots to purchase large quantities of tickets for concerts, sporting events, and other high-demand events has become increasingly common. This has led many people to question whether this practice should be considered illegal. There are arguments on both sides of the issue.
What are ticket bots?
Ticket bots are software programs that are designed to automate the ticket buying process. They allow buyers to purchase large quantities of tickets very quickly, bypassing limits set by ticket sellers on how many tickets an individual can buy. The bots are programmed to navigate ticket websites, select seats, and complete purchases faster than any human could.
Many ticket brokers employ bots to buy up huge amounts of tickets as soon as they go on sale. They then resell the tickets, often at significantly inflated prices compared to face value. This makes it very difficult for average consumers to purchase tickets before they sell out.
Are ticket bots legal?
There are no federal laws in the United States prohibiting the use of ticket bots. However, around 30 states have enacted legislation banning or restricting their use to varying degrees. Some states like New York and Connecticut have made the use of bots a criminal offense punishable by fines or even jail time. Others, like California and Virginia, impose civil penalties on offenders.
The state laws primarily target the use of bots for profit, meaning those who use bots with the intention of reselling tickets. Most do not prohibit regular consumers from using bots to purchase tickets for their own use. However, some of the broader laws could technically apply to individuals as well as ticket brokers if strictly interpreted.
Arguments in favor of banning ticket bots
There are several arguments made in favor of making ticket bots illegal:
- Bots allow ticket brokers to buy up the majority of seats, making it almost impossible for the general public to purchase tickets at face value. This forces consumers to pay inflated resale prices.
- The use of bots circumvents ticket purchase limits put in place by sellers, undermining their efforts to distribute tickets fairly and combat scalpers.
- Bots have the ability to overload and crash ticket sales websites, which can prevent anyone from purchasing tickets during the rush when they first go on sale.
- The high resale prices resulting from bots pricing regular fans out of the market.
- Bots hurt the reputation of ticketing companies and cause customer anger.
Proponents of laws against ticket bots argue that their use should constitute an illegal practice, just as other methods of circumventing rules and gaining unfair advantages are banned. They say those who use bots are essentially stealing tickets and sabotaging a system designed to give everyone an equal shot at purchasing.
Arguments against banning ticket bots
Some of the counterarguments in favor of allowing bots include:
- Bots are just exploiting loopholes and inefficiencies in ticket sales systems. It’s up to sellers to improve security and access.
- Tickets are assets like any other that can be resold at market value. Bots just facilitate arbitrage.
- Laws against bots are ineffective and difficult to enforce, so banning their use makes little real impact.
- Such laws infringe on free trade and interfere with the free market dynamics of ticket resale.
- Bots sometimes allow more people access to tickets if they increase supply on secondary markets, even at higher prices.
These arguments frame bots as innovative technology, rather than unethical tools. They suggest the responsibility lies with ticket companies to reform their sales platforms to eliminate vulnerabilities. Some also see no problem with resellers profiting from their ability to better navigate flawed ticketing systems.
Impact of anti-bot laws
Research on the impact of state laws banning ticket bots shows somewhat mixed results:
- Stricter anti-bot laws appear successful in reducing the presence of ticket brokers and scalpers in those states.
- However, they have limited effect on the overall supply of tickets on secondary markets.
- There is little evidence the laws significantly lower resale ticket prices.
- Enforcement remains difficult, especially against third-party bot services.
While bots may be reduced, other factors like lax enforcement or loopholes seem to limit the efficacy of the laws in actually improving ticket access. Prices remain high as long as significant secondary markets exist.
Recent legal actions
There have been some recent prominent lawsuits and enforcement actions targeting major ticket brokers over bot use:
- In 2016, New York Attorney General Eric Schneiderman filed charges against four individuals for using bots to purchase tens of thousands of tickets illegally. They settled by paying $4 million in penalties.
- Ticketmaster filed several lawsuits in 2017 against ticketing companies for allegedly using bots, including Prestige Entertainment and Rival. They aim to claim damages from lost revenue.
- The FTC and 10 states initiated legal action in 2022 against high-profile ticket broker StubHub over use of bots to obtain over $500 million worth of tickets.
These cases demonstrate an effort to crack down more aggressively on large-scale bot operations. However, many believe more legislation and stricter enforcement are needed nationwide to truly curb the practice.
Federal anti-bot legislation
Some federal lawmakers have recognized the limitations of state-level anti-bot laws. There have been efforts in recent years to pass national regulations:
- The Better Online Ticket Sales (BOTS) Act was introduced in Congress in 2016 and 2017, but failed to become law. It would have made it illegal to circumvent ticket purchase limits.
- A narrowed version called the Stopping Grinch Bots Act also stalled after being introduced in 2018.
- In 2022, a bipartisan BOTS Act was reintroduced. It remains in committee, but has gained increased support.
Advocates argue a federal law is needed establish a unified nationwide ban on unfair ticket bot practices. But opposition remains, especially from ticket brokers and secondary market companies that benefit from the current landscape.
Alternatives to regulation
Instead of bans, some argue that better technology and industry practices can help curb bot use:
- Improved CAPTCHA and other verification checks on ticket sites could make bots less effective.
- Limiting ticket transferability could cut profits from resales.
- Tiered pricing and dynamic pricing models could undercut brokers.
- Paperless and digital ticketing reduces opportunities for scalping.
Ticket vendors have started experimenting with advanced identity checks and device fingerprinting to identify bots. Critics counter that regulations are still needed alongside these methods.
Conclusion
The debate over the legality of ticket buying bots reflects broader divisions over issues like regulation, fairness, and the free market. There are reasonable arguments on both sides. While anti-bot laws address some of the problems caused by large-scale bot use, there are also limits to their effectiveness. Ultimately, solving the complex ticket economy issues will likely require a combination of laws, technology, and evolving industry practices.