15 U.S.C. § 45c — Unfair and deceptive acts and practices re-

Page 60 TITLE 15—COMMERCE AND TRADE § 45c Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsecs. (d)(2) and (h), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to this sub- chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. This Act, referred to in subsecs. (d)(2)(A) and (f), is Pub. L. 114–258, Dec. 14, 2016, 130 Stat. 1355, known as the Consumer Review Fairness Act of 2016, which en- acted this section and provisions set out as a note under section 58 of this title. For complete classifica- tion of this Act to the Code, see Short Title of 2016 Amendment note set out under section 58 of this title and Tables. CODIFICATION Section was enacted as part of the Consumer Review Fairness Act of 2016, and not as part of the Federal Trade Commission Act which comprises this sub- chapter. § 45c. Unfair and deceptive acts and practices re- lating to circumvention of ticket access con- trol measures (a) Conduct prohibited (1) In general Except as provided in paragraph (2), it shall be unlawful for any person— (A) to circumvent a security measure, ac- cess control system, or other technological control or measure on an Internet website or online service that is used by the ticket issuer to enforce posted event ticket pur- chasing limits or to maintain the integrity of posted online ticket purchasing order rules; or (B) to sell or offer to sell any event ticket in interstate commerce obtained in violation of subparagraph (A) if the person selling or offering to sell the ticket either— (i) participated directly in or had the ability to control the conduct in violation of subparagraph (A); or (ii) knew or should have known that the event ticket was acquired in violation of subparagraph (A). (2) Exception It shall not be unlawful under this section for a person to create or use any computer software or system— (A) to investigate, or further the enforce- ment or defense, of any alleged violation of this section or other statute or regulation; or (B) to engage in research necessary to identify and analyze flaws and vulnerabilities of measures, systems, or con- trols described in paragraph (1)(A), if these research activities are conducted to advance the state of knowledge in the field of com- puter system security or to assist in the de- velopment of computer security product. (b) Enforcement by the Federal Trade Commis- sion (1) Unfair or deceptive acts or practices A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of Commission (A) In general The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and du- ties as though all applicable terms and pro- visions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) Privileges and immunities Any person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Authority preserved Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (c) Enforcement by States (1) In general In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the en- gagement of any person subject to subsection (a) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— (A) to enjoin further violation of such sub- section by such person; (B) to compel compliance with such sub- section; and (C) to obtain damages, restitution, or other compensation on behalf of such resi- dents. (2) Rights of Federal Trade Commission (A) Notice to Federal Trade Commission (i) In general Except as provided in clause (iii), the at- torney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to ini- tiate the civil action. (iii) Exception If it is not feasible for the attorney gen- eral of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attor- ney general shall notify the Commission immediately upon instituting the civil ac- tion. (B) Intervention by Federal Trade Commis- sion The Commission may— Page 61 TITLE 15—COMMERCE AND TRADE § 45d (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a deci- sion in the civil action. (3) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by Federal Trade Com- mission If the Commission institutes a civil action or an administrative action with respect to a violation of subsection (a), the attorney gen- eral of a State may not, during the pendency of such action, bring a civil action under para- graph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission insti- tuted such action. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relat- ing to venue under section 1391 of title 28; or (ii) another court of competent jurisdic- tion. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (6) Actions by other State officials (A) In general In addition to civil actions brought by at- torneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), sub- ject to the same requirements and limita- tions that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be con- strued to prohibit an authorized official of a State from initiating or continuing any pro- ceeding in a court of the State for a viola- tion of any civil or criminal law of the State. (Pub. L. 114–274, § 2, Dec. 14, 2016, 130 Stat. 1401.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (b)(2), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to this subchapter. For complete classification of this Act to the Code, see sec- tion 58 of this title and Tables. CODIFICATION Section was enacted as part of the Better Online Ticket Sales Act of 2016 or the BOTS Act of 2016, and not as part of the Federal Trade Commission Act which comprises this subchapter. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 114–274, § 3, Dec. 14, 2016, 130 Stat. 1403, pro- vided that: ‘‘In this Act [see Short Title of 2016 Amend- ment note set out under section 58 of this title]: ‘‘(1) COMMISSION.—The term ‘Commission’ means the Federal Trade Commission. ‘‘(2) EVENT.—The term ‘event’ means any concert, theatrical performance, sporting event, show, or similarly scheduled activity, taking place in a venue with a seating or attendance capacity exceeding 200 persons that— ‘‘(A) is open to the general public; and ‘‘(B) is promoted, advertised, or marketed in interstate commerce or for which event tickets are generally sold or distributed in interstate com- merce. ‘‘(3) EVENT TICKET.—The term ‘event ticket’ means any physical, electronic, or other form of a certifi- cate, document, voucher, token, or other evidence in- dicating that the bearer, possessor, or person entitled to possession through purchase or otherwise has— ‘‘(A) a right, privilege, or license to enter an event venue or occupy a particular seat or area in an event venue with respect to one or more events; or ‘‘(B) an entitlement to purchase such a right, privilege, or license with respect to one or more fu- ture events. ‘‘(4) TICKET ISSUER.—The term ‘ticket issuer’ means any person who makes event tickets available, di- rectly or indirectly, to the general public, and may include— ‘‘(A) the operator of the venue; ‘‘(B) the sponsor or promoter of an event; ‘‘(C) a sports team participating in an event or a league whose teams are participating in an event; ‘‘(D) a theater company, musical group, or simi- lar participant in an event; and ‘‘(E) an agent for any such person.’’ § 45d. Unfair or deceptive acts or practices with respect to substance use disorder treatment service and products (a) Unlawful activity It is unlawful to engage in an unfair or decep- tive act or practice with respect to any sub- stance use disorder treatment service or sub- stance use disorder treatment product. (b) Enforcement by the Federal Trade Commis- sion (1) Unfair or deceptive acts or practices A violation of subsection (a) shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. (2) Powers of the Federal Trade Commission (A) In general The Federal Trade Commission shall en- force this section in the same manner, by the same means, and with the same jurisdic- tion, powers, and duties as though all appli-