U.S. Congressman Asks FTC to Investigate Possible ‘Deceptive Acts’ by PROs AllTrack & Pro Music Rights

U.S. Representative Scott Fitzgerald (R-WI) sent a letter to the Federal Trade Commission (FTC) on Monday (Dec. 8) urging the examination of “potential unfair or deceptive acts or practices by performing rights organizations (PROs) which could constitute a violation of Section 5 of the FTC Act.” Specifically, Fitzgerald’s letter, obtained by Billboard, centers its concerns on the two newest PROs in the U.S.: AllTrack and Pro Music Rights.

The letter, addressed to FTC chairman Andrew N. Ferguson, states that AllTrack and Pro Music Rights are soliciting businesses about purchasing their licenses and “leveraging the specter of statutory damages for those who do not comply,” but alleges that “while both entities feign legitimacy, it is unclear whether AllTrack or Pro Music Rights have amassed a repertoire that a licensee would find valuable to its business. Worse, however, it appears both entities may be misrepresenting to licensees the bodies of work they actually manage, thereby pressuring businesses to obtain a performance license they may not need.”

Offering an example, the letter cites claims on AllTrack’s website that it works songs performed by Billy Ray Cyrus and No Doubt. “However, as explained by commentors in response to the U.S. Copyright Office’s inquiry on PROs, AllTrack represents only a partial interest in one Billy Ray Cyrus song, and a composition once recorded by No Doubt, but does not represent the artists themselves or a substantial volume of their recorded works.”

The FTC letter is the latest attempt by Fitzgerald to get the federal government to investigate the practices of U.S. PROs. These calls for examination kicked off in September 2024, when House Judiciary Committee members Fitzgerald, along with committee chairman Rep. Jim Jordan (R-OH) and Rep. Darrell Issa (R-CA), wrote a letter to the Copyright Office, expressing concerns about the “proliferation” of new PROs and the lack of transparency about the distribution of general licensing revenue.

This letter led the Copyright Office to open a Notice of Inquiry (NOI) into the U.S. PROs in February 2025. The NOI was completed just weeks ago, on Nov. 20, when the Copyright Office replied to the Congressmens’ letter, essentially declining to force any changes on the PROs, but adding: “The Office also understands that stakeholders have been working towards solutions to address some of the issues raised in your letter,” including GMR and SESAC joining up with BMI and ASCAP to make their repertoire data available on Songview, a searchable database that explains which PROs, publishers and songwriters are involved in many popular songs.

The letter to the FTC also points to comments made during the NOI by fellow U.S. PRO Broadcast Music Inc. (BMI), a longtime PRO that represents nearly half of U.S. songwriters, as a reason to open an investigation.

“Pro Music Rights, similarly, claims to represent ‘a market share of 7.4% in the U.S.,’ yet, according to comments offered by BMI, that would equate to more rights management than a combined SESAC and GMR,” the letter to the FTC reads. It also calls into question Pro Music Rights founder/CEO Jake Noch, stating: “Legal action against Pro Music Rights’ founder provides further evidence that the PRO is engaged in a pattern of deception, if not outright fraud.”

The letter further points out that “licensees are unable to ascertain the full catalog of works either entity represents due to a lack of transparency in music ownership. As stakeholders have noted, the lack of a complete, authoritative database has allowed PROs like AllTrack and Pro Music Rights to misrepresent their volume of works without verification.” Here, it again points to comments from BMI during the NOI that explain the challenges of searching AllTrack’s repertoire.

Read the full letter, along with a statement from Pro Music Rights’ Noch, below. AllTrack did not reply to Billboard’s request for comment by press time. This story will be updated if AllTrack responds.

Noch, CEO of Pro Music Rights, said in a statement: “Pro Music Rights categorically rejects the false and misleading claims contained in Representative Fitzgerald’s letter to the FTC. The assertions made regarding our company’s legitimacy, transparency, and repertoire are demonstrably inaccurate and reflect a fundamental misunderstanding of both our operations and the current regulatory framework governing performing rights organizations.

“Pro Music Rights operates in full compliance with U.S. law and has consistently registered its repertory data with recognized industry partners and verification platforms. Our repertoire is robust, commercially valuable, and actively licensed across digital, broadcast, and public performance markets. Any implication that PMR ‘feigns legitimacy’ is patently untrue and unsupported by evidence.

“As a privately held, independent PRO, PMR was formed to increase transparency, competition, and fairness in a market historically dominated by a small number of legacy organizations. Unfortunately, entrenched industry players — some of whom are referenced in the Congressman’s letter — have repeatedly sought to undermine that competition through misinformation and lobbying efforts.

“We welcome any good-faith regulatory review grounded in facts rather than conjecture. Pro Music Rights has cooperated with all relevant authorities in the past and remains committed to full transparency with respect to both its catalog and its licensing activities.

“A formal statement and supporting documentation will be made available to the FTC and the public record in due course.”