N.Y. ACA Law § 25.24

§ 25.24. Ticket purchasing software. 1. The term " ticket purchasing\nsoftware" shall mean, any machine, device, computer program or computer\nsoftware that, on its own or with human assistance, bypasses security\nmeasures or access control systems on a retail ticket purchasing\nplatform, or other controls or measures on a retail ticket purchasing\nplatform that assist in implementing a limit on the number of tickets\nthat can be purchased, to purchase tickets. For purposes of this\nsection, the term "retail ticket purchasing platform" shall mean a\nretail ticket purchasing website, application, phone system, or other\ntechnology platform used to sell tickets.\n 2. (a) It shall be unlawful for any person, firm, corporation or other\nentity to utilize ticket purchasing software to purchase tickets.\n (b) It shall be unlawful for any person, firm, corporation or other\nentity to knowingly resell or offer to resell a ticket that such person,\nfirm, corporation or other entity knows was obtained using ticket\npurchasing software and was not obtained for their own use or the use of\ntheir invitees, employees, or agents.\n 3. (a) Any person, firm, corporation or other entity who knowingly\nutilizes ticket purchasing software in order to purchase tickets shall\nbe subject to a civil penalty in an amount of no less than one thousand\ndollars and no more than two thousand five hundred dollars for each such\nviolation and shall forfeit all profits made from the sale of any such\nunlawfully obtained tickets.\n 4. Any person, firm, corporation or other entity who intentionally\nmaintains any interest in or maintains any control of the operation of\nticket purchasing software to purchase tickets shall be subject to a\ncivil penalty in an amount of no less than one thousand dollars and no\nmore than two thousand five hundred dollars for each such violation and\nshall forfeit all profits made from the sale of any such unlawfully\nobtained tickets.\n 5. Any person, firm, corporation or other entity who knowingly resells\nor offers to resell a ticket that such person, firm, corporation or\nother entity knows was obtained using ticket purchasing software and was\nnot obtained for their own use or the use of their invitees, employees,\nor agents shall be subject to a civil penalty in an amount of no less\nthan one thousand dollars and no more than two thousand five hundred\ndollars for each such violation and shall forfeit all profits made from\nthe sale of any such unlawfully obtained ticket.\n 6. Any person who is subject to a civil penalty under this section and\nhas been assessed a penalty under this section in the previous three\nyears shall be guilty of a violation and may be fined no less than two\nthousand dollars and no more than ten thousand dollars for each such\nviolation and shall forfeit all profits from the sale of any such\nunlawfully obtained tickets. In addition, a person convicted of a\nviolation under this section may be required to forfeit any and all\nequipment used in the unlawful purchasing of tickets.\n 7. The attorney general shall have jurisdiction to enforce the\nprovisions of this section in accordance with the powers granted to him\nor her by section sixty-three of the executive law.\n 8. In addition to the power given to the attorney general to enforce\nthe provisions of this section, any place of entertainment, as defined\nby section 23.03 of this chapter, or any aggrieved party that has been\ninjured by wrongful conduct prescribed by this section may bring an\naction to recover all actual damages suffered as a result of any of such\nwrongful conduct. The court in its discretion may award damages up to\nthree times the amount of actual damages. The court may enjoin the\nrespondent from any and all activity prohibited under this section. The\ncourt may also award reasonable attorney's fees and costs.\n 9
l conduct prescribed by this section may bring an\naction to recover all actual damages suffered as a result of any of such\nwrongful conduct. The court in its discretion may award damages up to\nthree times the amount of actual damages. The court may enjoin the\nrespondent from any and all activity prohibited under this section. The\ncourt may also award reasonable attorney's fees and costs.\n 9. Any person, firm, corporation or other entity who for the purpose\nof selling or offering to sell tickets in order to derive a profit\ntherefrom (i) intentionally utilizes ticket purchasing software to\npurchase such tickets, (ii) intentionally maintains any interest in or\nmaintains any control of the operation of ticket purchasing software\nwhich is used to purchase such tickets, or (iii) knowingly resells or\noffers to resell a ticket that such person, firm, corporation or other\nentity knows was obtained using ticket purchasing software and was not\nobtained for their own use or the use of their invitees, employees, or\nagents, shall be guilty of a class A misdemeanor.\n 10. Any person, firm, corporation or other entity who is a licensee\nunder this article who is adjudicated guilty of the following acts may\nlose their license and may be barred from licensure under this article\nfor a period not to exceed three years to be determined by the\ndepartment of state pursuant to section 25.31 of this article if such\nlicensee: (a) knowingly utilized ticket purchasing software in order to\npurchase tickets; (b) knowingly resold or offered to resell a ticket\nthat such licensee knew was obtained using ticket purchasing software;\nor (c) intentionally maintained any interest in or maintained any\ncontrol of the operation of ticket purchasing software to purchase\ntickets.\n