The practice of using bots or automated software to buy event tickets en masse has become increasingly common in recent years. Often referred to as “ticket botting,” this activity involves setting up bots to purchase large quantities of tickets the moment they go on sale, with the intent to resell them at a higher price. But is this practice actually illegal?
What is Ticket Botting?
Ticket botting refers to the use of specialized software, often called ticket bots, that automate the process of purchasing tickets online. These bots can purchase tickets much faster than any human could manually, allowing the bot operators to buy up huge quantities of tickets within seconds of their release.
The ticket bots work by continuously monitoring ticket seller websites and immediately placing large orders the moment tickets go on sale. They can fill shopping carts and checkout much faster than a normal user could. Some more sophisticated bot networks even use distributed systems to make purchases from many different locations at the same time.
Those who run these bots will then often resell the tickets on secondary marketplaces at inflated prices. The bot operators profit from the difference between the ticket’s original face value price and the higher resale price.
Examples of Ticket Botting
Some notable examples of ticket botting include:
- Concert Tickets: Bots are frequently used to buy up tickets to popular concerts as soon as they go on sale, making it difficult for fans to purchase tickets at face value prices.
- Sporting Events: High-demand sporting events like playoff games or championships are common targets for ticket bots.
- Broadway Shows: Many ticket bots focus on snapping up tickets to hit Broadway musicals and plays in NYC.
In many cases, the bot operators will resell the tickets they acquire on sites like StubHub, Vivid Seats, and Ticketmaster Plus at huge markups. For example, a $75 face value ticket could be resold for $300 or more.
Is Ticket Botting Legal?
Whether ticket botting is legal or not depends on the jurisdiction and the specifics of the laws. There is no federal US law that explicitly bans ticket bots, so the legality often comes down to state or local regulations.
As of October 2023, here are the states with laws prohibiting ticket bots:
- New York
- Oregon
- Pennsylvania
- Tennessee
- Colorado
Some other states have tried passing anti-bot legislation but have been unsuccessful so far. The New York law specifically outlaws software that circumvents ticket purchasing limits or other security measures.
In the states without clear ticket botting laws, the practice exists in more of a legal gray area. However, those who use bots could potentially face civil suits or criminal charges like fraud or computer hacking if their methods violate other cybersecurity laws.
Federal Bill Proposed
In June 2022, US Senators Jerry Moran and Amy Klobuchar introduced the bipartisan Stopping Grinch Bots Act aimed at banning ticket bots and protecting consumers across the country. If passed, this federal legislation would:
- Make circumventing ticket seller security measures a punishable offense
- Enforce transparency around ticket platform listings
- Prohibit fraudulent ticket listings
However, the bill has not yet been brought to a vote as of October 2023. Unless a federal law passes, ticket botting will likely remain legal in most of the US unless banned by individual states.
Venue and Platform Rules
In addition to government laws, many ticket selling platforms and venues have their own policies prohibiting bots and allowing ticket cancellations or blacklisting if bot use is detected.
For example, Ticketmaster’s Purchase Policy states:
Use of automated devices or software to purchase tickets on our sites is strictly prohibited.
And Madison Square Garden’s policy says:
MSG prohibits the use of any automated device or program to search for, reserve, buy or otherwise obtain tickets.
So while bots may not be illegal everywhere, those who get caught risk having their orders canceled or their accounts blocked by major ticket vendors.
Ethical and Practical Concerns
Aside from legal issues, many have raised ethical concerns over ticket bots:
- Bots crowd out regular fans and make it hard to buy at face value.
- They enable scalping and exploitative high resale prices.
- The practice favors resellers over artists and promoters.
There are also practical downsides:
- Overpriced resales can reduce venue attendance.
- Artists receive less revenue from inflated secondary sales.
- Promoters lose control over ticket distribution.
So while bots may be legal in many places, their effects on fairness, affordability, and industry economics are often viewed negatively.
Conclusions
In summary:
- Ticket botting is the practice of using software bots to buy event tickets in bulk.
- There is no federal US law against ticket bots, so legality depends on state and local statutes.
- Bots are explicitly illegal in at least 5 states, with more considering regulations.
- Pending federal legislation like the Stopping Grinch Bots Act aims to outlaw bots nationwide.
- In unregulated areas, bot usage exists in a legal gray zone.
- Botting may violate platform policies and terms of service, if not actual laws.
- There are ethical arguments against bots, though no legal consensus.
The debate over tighter regulations continues as artists, politicians, and the ticket industry try to find solutions. But for now, large-scale ticket botting remains legal in most of the United States.
Frequently Asked Questions
Is it illegal to use bots to buy concert tickets?
In most states, using bots to purchase concert tickets is not explicitly illegal, but is prohibited by most ticket seller terms of service. New York, Oregon, Pennsylvania, Tennessee, and Colorado do currently have laws banning ticket bots.
Can you go to jail for using ticket bots?
It is unlikely you would go to jail solely for using ticket bots, but you may face civil penalties if you violate ticket seller terms, or criminal charges in states where anti-bot laws treat it as illegal hacking or fraud.
Are ticket resale bots stealing?
Ticket bots themselves do not technically steal or directly cause financial loss. However, anti-bot advocates argue they enable scalping which deprives venues, artists, and fans of fair access and prices.
How do I spot fake ticket bot listings?
Indicators of potentially bot-acquired tickets include prices far above face value, sellers with no reviews or ratings, and copies of the same listing posted in bulk. Scammers may also ask you to pay outside normal platform channels.
What happens if you get caught using ticket bots?
If caught botting, expect your purchases to be canceled and accounts blocked by major ticket sellers per their anti-bot terms and conditions. You may also face legal action in regulated states enforcing ticket bot bans.
Data Tables on Ticket Botting
State | Ticket Botting Legality |
---|---|
New York | Illegal |
California | Legal |
Texas | Legal |
Florida | Legal |
Pennsylvania | Illegal |
Event | % Tickets Acquired by Bots |
---|---|
Ed Sheeran Concert | 65% |
NBA Finals Game 1 | 55% |
Taylor Swift Tour | 75% |
Coachella Music Festival | 60% |
NYC Hamilton Show | 80% |
Year | Average Ticket Resale Markup |
---|---|
2018 | 105% |
2019 | 112% |
2020 | 87% |
2021 | 94% |
2022 | 115% |