Consumer and Live Event Fan Advocates Applaud U.S Senate Introduction ofBOSS and SWIFT Act of 2023
Comprehensive Bicameral Legislation Closely Mirrors Ticket Buyer Bill of Rights; Will Make Ticketing More Fair and Transparent for Fans
WASHINGTON, D.C. – Organizations that endorse the Ticket Buyer Bill of Rights today welcomed Senator Richard Blumenthal’s (D-CT) re-introduction of the Better Oversight of Stub Sales and Strengthening Well Informed Fair Transactions for Audiences of Concert Ticketing Act “BOSS and SWIFT Act of 2023.” The bill is the Senate companion to legislation introduced in the U.S. House of Representatives by Reps. Frank Pallone (D-NJ) and Bill Pascrell (D-NJ) in May, and among several bills or other legislative proposals in Congress pertaining to live event tickets, is the only comprehensive, bicameral ticketing reform package currently before the Congress. United States Senators Markey (D-MA) and Hirono (D-HI) joined Senator Blumenthal in introducing the legislation.
If enacted, the BOSS and SWIFT Act would make much-needed reforms to ticket sales and increase transparency and fairness for fans. It aims to better inform consumers when they are shopping for tickets, to ensure fans can shop among many ticket sellers and not just the venue box office or event organizer’s contracted primary ticketer, and to prohibit anti-consumer, anticompetitive, and deceptive conduct that has become the norm in the multibillion-dollar live event ticketing system.
Of the bills introduced or in discussion in the U.S. Congress, the BOSS and SWIFT Act is the gold standard for consumer protection and the most aligned with the Ticket Buyer Bill of Rights. Key reforms within the BOSS and SWIFT Act include that align with the Ticket Buyer Bill of Rights include:
The Right to Transferability. The legislation protects individuals’ rights to freely use, sell, or give away their previously purchased tickets as they see fit. Life happens, and because tickets often go on sale many months before the event, it’s important that ticketholders maintain this right, which is protected by law in six states (NY, CT, VA, UT, CO, IL).
The Right to Transparency. The bill will require disclosure of secretly held-back ticket inventory so that fans know whether or not more tickets will be made available at a future date. The bill also requires upfront, All In Pricing to end the deceptive drip pricing that is common in ticketing today so that the first price a consumer sees is the last price they see before taxes. The BOSS SWIFT Act will also require any ticket offers that are speculative in nature to be conspicuously disclosed so that consumers are aware regardless of refund protection whether or not the seller has already purchased the tickets or will later procure them.
The Right to Set the Price. The bill prohibits companies who originally sold the ticket from dictating to fans what price they can or cannot resell their previously purchased tickets. Ticketholders should be able to decide, if they desire, to offer their tickets for sale at a price higher or lower than they paid.
The Right to a Fair Marketplace. Fans should compete with other humans and not nefarious, illegal cut-in-line software bots when it comes to purchasing tickets to popular events, and the BOSS SWIFT Act requires reporting of suspected illegal software bot usage in the purchase of tickets to the FTC.
The Right to Recourse. Fans should have the choice to seek remedies through the public court system and are not blocked by terms and conditions that force them into private arbitration. The BOSS and SWIFT Act is the only ticketing legislation before Congress that gives fans the ability to advocate for themselves and enforce their rights.
More information about the BOSS and Swift Act can be found here.
A summary of the BOSS and Swift Act by Ticket Buyer Bill of Rights can be found here.
“Buying a ticket to see your favorite artist, sports team, or Broadway show should not be an exercise in frustration,” said John Breyault, National Consumers League Vice President of Public Policy, Telecommunications, and Fraud. “Unfortunately, the average fan is at the mercy of a rigged system that makes it nearly impossible to get access to affordable tickets for popular events. And even when fans are able to find tickets to buy, hidden fees can more than double the cost to attend the event. The BOSS and SWIFT ACT is the common-sense solution fans need to bring sanity to the live event ticketing industry.”
“The time is long overdue to bring transparency, fairness and competition back to the live event ticketing marketplace,” said Erin Witte, Director of Consumer Protection at Consumer Federation of America. “The BOSS and SWIFT Act will level the playing field for consumers and ensure that they can enjoy these events without being deceived and overcharged in the purchase process.”
“The BOSS and SWIFT Act will crack open the ticket buying market, ensuring that consumers know the total cost of tickets—fees and all—for concerts and sporting events, and what their rights are to a refund,” said Ruth Susswein, Consumer Action’s Director of Consumer Protection.
“Under the Boss and Swift Act, we will move a step closer to increasing protections for concertgoers, providing them with more information and options as they navigate through the often obscure and mysterious ticket buying process,” said Christine Hines, legislative director at the National Association of Consumer Advocates.
“After more than a decade of the Live Nation/Ticketmaster monopoly running roughshod over consumers, the BOSS and SWIFT Act will provide fans and consumers with protections they so sorely deserve,” said Robert Herrell, Executive Director of the Consumer Federation of California. “Congress should swiftly move to put consumers at the front of the line, not shut out outside of the concert while the monopoly enjoys their VIP access.”
“Consumers need the protections provided in the BOSS and SWIFT Act. We’re tired of being taken advantage of by the big ticket sellers! It’s time for fairness!” said Irene Leech, President of the Virginia Citizens Consumer Council.
"For too long, the ticket purchasing experience for consumers has been opaque at best, resulting in a consumer experience that is characterized by hidden or late-disclosed fees and a final price that is a shock. The BOSS and SWIFT Act seeks to eliminate some of the worst of these abuses by creating greater transparency through disclosures and promoting competition in ticket sales that enables a healthier market for consumers buying tickets." Sara Collins, Director of Government Affairs, Public Knowledge.
"Sports fans across the country have been crying out for reforms," said Brian Hess, Executive Director of Sports Fans Coalition. "The BOSS and SWIFT Act is the most holistic proposal we've seen introduced and we commend Senator Blumenthal for tackling this difficult subject in such a thoughtful and pro-consumer manner. The BOSS and SWIFT Act is the best representation of the Ticket Buyer Bill of Rights that we've seen, and will ensure strong consumer protections while protecting a competitive marketplace. The introduction of the BOSS and SWIFT Act in the Senate makes this bill the only bicameral comprehensive live event ticketing reform proposal in Congress."
“The BOSS and SWIFT Act is the only ticketing bill in Congress that was drafted with the fan at its core to make ticketing more fair, more transparent, and less deceptive, and we thank Senator Blumenthal for his continued leadership to defend fans of live events and the market from which they purchase their event tickets,” said Brian Berry, Advocacy Director for Protect Ticket Rights.
“While legislatures across the country grapple with the opaque and ever-changing world that is live event ticketing, we welcome the BOSS and SWIFT Act and some direction from Congress that protects everyone seeking to buy and transfer tickets,” said Chris VanDeHoef, President of the FanFreedom Project. “The BOSS and SWIFT Act is a giant step towards providing consumer protection to ticket buyers everywhere and we encourage Congress to see this through.”