The BOSS Act & Federal Ticketing Rules

Key takeaways

• The BOTS Act prohibits using technology or fake identities to circumvent ticket purchase limits and selling tickets knowingly obtained through such violations
• The FTC and state attorneys general can enforce the BOTS Act with civil penalties, but consumers cannot file private lawsuits under this law
• The FTC junk fees rule requires all-in pricing disclosure for live-event tickets as of May 2025, but does not cap fees or ban dynamic pricing
• The proposed BOSS Act has not been enacted into law and should not be confused with the BOTS Act
• Federal laws focus on transparency and preventing fraud but do not guarantee ticket availability or cap ticket prices

What the BOTS Act Prohibits

The BOTS Act prohibits circumventing security measures, access control systems, or other technological measures on ticket seller websites that enforce posted event ticket purchasing limits or maintain the integrity of posted online ticket purchasing order rules for public events with an attendance capacity exceeding 200 persons. The law also prohibits selling or offering to sell event tickets in interstate commerce obtained through such circumvention if the seller participated in, had the ability to control, or should have known about the violation.

The Act makes it illegal to bypass maximum ticket purchasing limits through technological means or by buying tickets under fake identities. This includes using automated software, fake email addresses, multiple credit cards, or IP-masking techniques to evade purchase restrictions. The law does not ban all automated tools or bots, but specifically targets circumvention of ticket sellers' security measures and purchase rules.

FTC Enforcement Authority Under the BOTS Act

The BOTS Act empowers the Federal Trade Commission and the States to enforce the law, but does not provide a private right of action to consumers. If you violate the BOTS Act, the FTC can seek civil penalties and other relief. Violations of the Act are punishable by civil penalties up to $53,088 per violation.

The first case brought under the BOTS Act was in 2021, when the FTC took action against individuals and companies that used bots or other means to circumvent limits on online ticket purchases. To resolve the FTC's allegations, these companies agreed to orders requiring them to pay $3.7 million in civil penalties. State attorneys general also have authority to enforce the BOTS Act on behalf of their residents.

FTC Junk Fees Rule and All-In Pricing Requirements

In December 2024, the Federal Trade Commission announced a final Junk Fees Rule to prohibit bait-and-switch pricing and other tactics used to hide total prices and bury junk fees in the live-event ticketing and short-term lodging industries. The Rule on Unfair or Deceptive Fees took effect on May 12, 2025.

The Junk Fees Rule requires that businesses clearly and conspicuously disclose the true total price inclusive of all mandatory fees whenever they offer, display, or advertise any price of live-event tickets or short-term lodging. Businesses cannot misrepresent any fee or charge in any offer, display, or ad for live-event tickets or short-term lodging. The rule covers both primary ticket sellers and secondary market resellers, including online marketplaces.

The rule does not prohibit any type or amount of fee, nor does it prohibit any specific pricing strategies. Dynamic pricing and charging fees remain legal. The rule gives businesses discretion to list optional fees selected by the consumer and government and shipping charges separately. The focus is on upfront disclosure, not fee caps.

What the BOSS Act Was (Not Enacted)

The Better Oversight of Secondary Sales and Accountability in Concert Ticketing Act, or BOSS Act, was proposed legislation that has not become law. Lawmakers reintroduced the BOSS Act in 2019, but it has not been enacted by Congress.

The BOSS Act would have pushed for greater transparency and consumer rights related to the purchase of event tickets. The proposed BOSS Act would have required disclosure of the relationship when actors affiliated with the primary seller, venue, or artist enter the secondary market, as well as disclosure of the face value of the ticket and time of original purchase. This proposal should not be confused with the BOTS Act, which is actual federal law.

Other Federal Efforts Affecting Ticket Buyers

Beyond the BOTS Act and the junk fees rule, federal agencies have pursued other actions affecting the ticketing industry. The Department of Justice has brought antitrust enforcement actions against major ticketing companies. The FTC also uses its general authority under Section 5 of the FTC Act to challenge unfair or deceptive practices in ticketing beyond what the specific rules cover.

Recent presidential executive orders have directed federal agencies to increase enforcement efforts in the ticketing market. However, ticket buyers should understand that federal law does not cap ticket prices, guarantee access to tickets at face value, or provide consumers with a private right to sue under the BOTS Act. The laws focus on preventing fraud, ensuring pricing transparency, and prohibiting circumvention of purchase limits.