NY S08123

Expands the definition of "ticket purchasing software" to include any machine, device, or program that bypasses security measures or access control systems on retail ticket purchasing platforms, whether acting alone or with human assistance.

Makes it unlawful for any person, firm, corporation or entity to use ticket purchasing software to purchase tickets or to knowingly resell tickets obtained through such software.

Establishes civil penalties of $500 to $1,500 for knowingly using ticket purchasing software and $750 to $1,500 for intentionally maintaining control of such software.

Increases penalties to $1,000 to $5,000 and makes violations a criminal offense for repeat offenders penalized within the previous three years, with possible forfeiture of equipment used in unlawful ticket purchases.

Allows the Attorney General and aggrieved parties or entertainment venues to enforce provisions and recover actual damages, with courts authorized to award up to three times actual damages plus attorney's fees; makes intentional use of ticket purchasing software for profit a Class A misdemeanor.