> ## Content Index > Fetch the complete content index at: https://www.hypebot.com/llms.txt > Use this file to discover other available public pages before exploring further. # Live Nation Filing Calls FTC Suit "Perversion" of Bots Act - URL: https://www.hypebot.com/live-nation-filing-calls-ftc-suit-perversion-of-bots-act/ - Published: 2026-10-16T13:11:14.000Z - Updated: 2026-10-16T13:11:14.000Z - Description: In a fiery federal court filing, Live Nation asserts the FTC is distorting anti-bot laws and punishing Ticketmaster for third-party scalper abuse. - Author: Bruce Houghton - Tags: Live Nation, Ticketmaster, FTC, BITS Act, lawsuit, #trending [**Live Nation**](https://www.hypebot.com/tag/live-nation/) and [**Ticketmaster**](https://www.hypebot.com/tag/ticketmaster/) this week filed their answer to the high-stakes lawsuit brought by the **Federal Trade Commission** (FTC) and seven states. The live entertainment giant contends that federal regulators are misapplying the **Better Online Ticket Sales Act** (BOTS) by attempting to penalize the very platform the statute was designed to protect. ### **Fast Facts: What You Need to Know** - **The Legal Filing:** Live Nation and Ticketmaster submitted their formal Answer and 16 affirmative defenses in the U.S. District Court for the Central District of California this week. - **The Opponents:** The FTC is joined by state attorneys general from **Colorado, Florida, Illinois, Nebraska, Tennessee, Utah**, and **Virginia.** - **The Core Argument:** Live Nation argues that the FTC is attempting to **"flip the Act on its head"** by holding ticketing companies liable when bad actors bypass their security measures, rather than prosecuting the scalpers running the bots. - **The Defense Metrics:** Ticketmaster reports investing more than **$1 billion** since 2010 to counter ticket scalping and claims it blocked nearly **260 million daily bot attempts** in 2025. - **The Constitutional Defenses:** Live Nation raises 16 defenses, including violations of **Due Process, the Equal Protection Clause,** and the **Major Questions Doctrine**. More on all this below. - Live Nation and Ticketmaster also emphasized their advocacy for ticketing reform including lobbying for the original 2016 BOTS Act. ### **Flipping the BOTS Act 'On Its Head'** At the center of Live Nation’s filing is statutory interpretation. Congress enacted the BOTS Act in 2016 to outlaw the technological circumvention of purchase limits and to penalize scalpers who sell tickets acquired through those means. Live Nation’s legal teams at **Latham & Watkins and Sidley Austin** arguethe statute distinguishes between bad-faith scalpers and primary ticket issuers. According to the filing: > **"The Commission seeks to flip the Act on its head by turning it against Live Nation and Ticketmaster, the very companies the Act is intended to support. This perversion of the Act contradicts its plain meaning, flouts the will of Congress, and undoubtedly sets back the fight against scalpers."** Citing legislative history from the **Senate Commerce Committee**, Live Nation says that lawmakers specifically framed primary sellers' safeguards as the frontline defense against automated ticket harvesting. Under prior FTC enforcement actions, Ticketmaster was consistently treated as the protected ticket issuer whose controls were circumvented by outside scalpers. ![](https://storage.ghost.io/c/3a/95/3a957c06-c825-4057-9939-0a274cc16d23/content/images/2026/10/FTC-Federal-Trade-Commission.png) Live Nation argues that the FTC’s current theory reinterprets the statute to punish ticketing platforms whenever a determined scalper discovers a loophole, effectively transforming anti-bot legislation into a platform liability. ### **Warnings of a 'Chilling Effect' on Anti-Bot Security** Live Nation’s response outlines what it characterizes as a dangerous paradox in the FTC’s enforcement approach. Because BOTS Act liability hinges on circumventing safeguards used to enforce ticket limits, a ticketing company that implements zero purchase limits and zero anti-bot defenses faces no exposure under the statute at all. If courts determine that platforms face compound statutory liability whenever a third-party broker evades an anti-abuse control, Live Nation warns that ticketing platforms will face economic and regulatory pressure to abandon purchase caps and security measures entirely. Alternatively, platforms like it could be forced to severely curtail or shutter fan-to-fan resale marketplaces to avoid third-party liability, eliminating authenticated resale protections and driving consumers back to unregulated secondary black markets. Addressing the complaint's allegations regarding pricing transparency and ticket disclosures, Ticketmaster stated that it now operates with all-in pricing consistent with FTC regulations and denied engaging in unfair or deceptive acts. ### **16 Affirmative Defenses: Due Process and the Major Questions Doctrine** In addition to a general denial of wrongdoing, Live Nation asserted 16 formal defenses including: 1. **Third-Party Causation:** Any harm suffered was caused by the intervening and superseding actions of independent scalpers, not Ticketmaster. 2. **Major Questions Doctrine:** The FTC is attempting to unilaterally expand its regulatory authority across the entire secondary ticketing market without clear congressional authorization. 3. **Constitutional Vagueness & Fair Notice:** Applying BOTS Act terms like "circumvent" and "sell or offer to sell" against ticket platforms violates Due Process guarantees under the Fifth and Fourteenth Amendments. 4. **Selective Enforcement:** The enforcement action constitutes arbitrary and unequal treatment under the Equal Protection Clause. 5. **Good Faith & Public Interest:** The company acted in good faith, and the sweeping injunctive remedies sought by regulators would disrupt live event ticketing and harm the broader public interest. ### **What Comes Next in FTC vs Live Nation and Ticketmaster** Following **Judge Maame Ewusi-Mensah Frimpong**’s decision to reject Live Nation's previous motion to dismiss, this litigation now enters an intensive, multi-year discovery phase. The court will enter a formal Pretrial and Scheduling Order setting binding discovery deadlines, opening the door for the FTC to subpoena Ticketmaster's internal communications with brokers, account-monitoring logs, and secondary fee revenue. Concurrently, Ticketmaster’s legal team will prepare its defense in part by gathering technical information to demonstrate ongoing mitigation efforts against scalpers. This fact-finding and expert deposition process will likely dominate 2027, setting up summary judgment battles in early 2028 where Live Nation will formally challenge the FTC’s statutory authority. The parties have already proposed vastly different trial schedules: the **FTC** and **state plaintiffs** are pushing for an **April 24, 2028** jury trial date, while **Live Nation** and **Ticketmaster** are requesting an **October 2028** trial kickoff. --- *Get the latest Live Music & Industry News updated continuously from across the web under the Hypebot Industry News tab* [*here*](https://www.hypebot.com/music-industry-news-feed/)*.* ## Hypebot Essential news & insights for artists and live music pros. Sign up for free weekly content delivered to your inbox Subscribe Email sent! Check your inbox to complete your signup. ###