[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2957 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2957

 To protect consumers from unfair and deceptive acts and practices in 
   connection with primary and secondary ticket sales, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 27 (legislative day, September 22), 2023

Mr. Blumenthal (for himself, Ms. Hirono, and Mr. Markey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To protect consumers from unfair and deceptive acts and practices in 
   connection with primary and secondary ticket sales, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Better Oversight of Stub Sales and 
Strengthening Well Informed and Fair Transactions for Audiences of 
Concert Ticketing Act of 2023'' or the ``BOSS and SWIFT ACT of 2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Ancillary charge.--The term ``ancillary charge''--
                    (A) means any fee that must be paid in order to 
                secure a ticket from a primary ticket seller or 
                secondary ticket sales marketplace, including a service 
                fee, convenience charge, delivery and logistics fee, 
                and any other mandatory charge; and
                    (B) does not include taxes.
            (2) Base price.--The term ``base price'' means the price 
        charged for a ticket other than any ancillary charge and tax.
            (3) Box office.--The term ``box office'' means a physical 
        location where tickets are offered for primary sale.
            (4) Bundled series tickets.--The term ``bundled series 
        tickets'' means a package of tickets for multiple events that 
        are part of the same entertainment series.
            (5) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (6) Domain name.--The term ``domain name'' means a globally 
        unique, hierarchical reference to an internet host or service, 
        which is assigned through centralized internet naming 
        authorities, and which is comprised of a series of character 
        strings separated by periods, with the right most string 
        specifying the top of the hierarchy.
            (7) Primary sale.--The term ``primary sale'' means, with 
        regards to a ticket, the initial sale of a ticket.
            (8) Primary ticket seller.--The term ``primary ticket 
        seller'' means an owner or operator of a venue or a sports 
        team, a manager or provider of an event, or a provider of 
        ticketing services (or an agent of such owner, operator, 
        manager, or provider) that engages in the primary sale of 
        tickets for an event.
            (9) Purchaser.--The term ``purchaser'' means any person who 
        purchases a ticket from a primary ticket seller or a secondary 
        ticket seller, or on a secondary ticket sales marketplace.
            (10) Resale; secondary sale.--The terms ``resale'' or 
        ``secondary sale'' means, with regards to a ticket, any sale of 
        a ticket that is not a primary sale.
            (11) Secondary ticket sales marketplace.--The term 
        ``secondary ticket sales marketplace'' means a business, 
        including a primary ticket seller, that operates or provides a 
        website, software application for a mobile device, or any other 
        digital platform, whose purpose is to resell or facilitate the 
        resale of tickets to purchasers.
            (12) Secondary ticket seller.--The term ``secondary ticket 
        seller'' means an individual, group of individuals, or company, 
        including a primary ticket seller, who engages in the resale or 
        secondary sale of tickets.
            (13) Ticket.--The term ``ticket'' means a printed, 
        electronic, or other type of evidence of the right for 
        admission to a sporting event, theater, musical performance, or 
        place of public amusement of any kind, including bundled series 
        tickets.
            (14) Total cost of the ticket.--The term ``total cost of 
        the ticket'' means the base price of the ticket and any 
        ancillary charge.
            (15) URL.--The term ``URL'' means the uniform resource 
        locator for an internet website.

SEC. 3. TRANSPARENCY OF MARKETING, DISTRIBUTION, AND PRICING BY TICKET 
              SELLERS.

    A primary ticket seller, secondary ticket seller, and secondary 
ticket sales marketplace shall do the following:
            (1) Disclose clearly and conspicuously the total cost of 
        the ticket, from the first time a ticket price is displayed and 
        anytime thereafter.
            (2) Provide the purchaser before purchase an option to view 
        the base price of the ticket with any ancillary charge and tax 
        itemized.
            (3) Display the total cost of the ticket in any price quote 
        and advertisement that includes the ticket price.
            (4) Not change the total cost of the ticket during the 
        purchase process unless there is a clear and conspicuous notice 
        that the total cost of the ticket has changed.
            (5) If a ticket is not delivered (except for a case in 
        which there is nondelivery due to a cause beyond reasonable 
        control of the seller, including a natural disaster, civil 
        disturbance, or otherwise unforeseeable impediment) provide the 
        purchaser, at the option of the purchaser, at minimum--
                    (A) a full refund for the total cost of the ticket 
                and any tax; or
                    (B) subject to availability, a replacement ticket 
                in a comparable or upgraded location.
            (6) Disclose clearly and conspicuously whether any given 
        ticket is being offered as a primary sale or secondary sale.
            (7) Disclose clearly and conspicuously the guarantee or 
        refund policy, including whether any ancillary charge and tax 
        will be refunded to the purchaser, before the completion of the 
        sale of a ticket.
            (8) Prohibit the design, modification, or manipulation of a 
        user interface with the purpose or substantial effect of 
        obscuring, subverting, or impairing user autonomy, decision 
        making, or choice.
            (9) Not knowingly sell a ticket for the same seat to more 
        than one person.
            (10) Report to the Commission any actual or constructive 
        knowledge of activity that may be in violation of the BOTS Act 
        of 2016 (15 U.S.C. 45c; Public Law 114-274).

SEC. 4. PRIMARY TICKET SELLER REQUIREMENTS.

    A primary ticket seller shall do the following:
            (1) Disclose clearly and conspicuously on the website of 
        the seller and at the box office of the venue where the event 
        will be held, the total number and total cost of tickets that 
        will be offered for sale to the general public by the seller 
        not less than 7 days before the date on which tickets are made 
        available for primary sale.
            (2) Not restrict or hinder the ability of a purchaser who 
        has purchased a ticket from a primary ticket seller from--
                    (A) reselling any such ticket independently of the 
                primary ticket seller or any secondary ticket sales 
                marketplace owned or affiliated with the primary ticket 
                seller; and
                    (B) reselling such ticket on the secondary ticket 
                sales marketplace the purchaser chooses.
            (3) Not require a minimum or maximum price for the resale 
        of any ticket purchased from a primary ticket seller.
            (4) Not sanction or deny a purchaser admission to an event, 
        deny rights to bundled series tickets or the renewal thereof, 
        or otherwise discriminate against a purchaser on the basis that 
        the purchaser resold a ticket, gifted a ticket, or purchased a 
        resold ticket.

SEC. 5. SECONDARY TICKET SELLER AND SECONDARY TICKET SALES MARKETPLACE 
              REQUIREMENTS.

    A secondary ticket seller or secondary ticket sales marketplace 
shall comply with the following requirements:
            (1) If a secondary ticket seller does not control the 
        ticket at the time the ticket is offered for sale--
                    (A) the secondary ticket seller shall provide a 
                clear and conspicuous statement on the initial ticket 
                listing that the secondary ticket seller does not 
                control the ticket and cannot guarantee that the seller 
                will be able to obtain the ticket; and
                    (B) the secondary ticket sales marketplace shall 
                implement and maintain a mechanism on the platform of 
                the marketplace to clearly and conspicuously display 
                the statement required in subparagraph (A).
            (2) A secondary ticket sales marketplace shall provide a 
        clear and conspicuous explanation of how to obtain a refund of 
        the total cost of the ticket and any tax if the purchaser 
        receives a ticket that does not match the description of the 
        ticket provided by the secondary ticket seller.
            (3) A secondary ticket sales marketplace shall disclose 
        clearly and conspicuously to a purchaser when the secondary 
        ticket sales marketplace is also the primary ticket seller for 
        a venue, team, or artist associated with the event.
            (4) A secondary ticket sales marketplace shall disclose 
        clearly and conspicuously upon offering a ticket for resale--
                    (A) the delivery method and the delivery timing; 
                and
                    (B) the precise section and row of the seat or 
                space to which the ticket would entitle the bearer, or, 
                if information about the precise section and row of the 
                seat or space is not available, descriptive information 
                about the location of the seat or space, such as a 
                description of a section or other area within the venue 
                where the seat or space is located.
            (5) A secondary ticket sales marketplace--
                    (A) shall provide a clear and conspicuous 
                statement, before a visitor creates an account with the 
                secondary ticket sales marketplace or selects a ticket, 
                that the marketplace is engaged in the secondary sale 
                of tickets and is not affiliated or endorsed by a 
                venue, team, or artist, as the case may be, unless the 
                marketplace has the express written consent of the 
                venue, team, or artist, as applicable; and
                    (B) shall not use a domain name, or any subdomain 
                thereof, in the URL of the marketplace that contains--
                            (i) the name of a specific team, league, or 
                        venue where concerts, sports, or other live 
                        entertainment events are held, unless 
                        authorized by the owner of the name;
                            (ii) the name of the exhibition or 
                        performance or of another event described in 
                        clause (i), including the name of a person, 
                        team, performance, group, or entity scheduled 
                        to perform at any such venue or event, unless 
                        authorized by the owner of the name;
                            (iii) any trademark not owned by the 
                        secondary ticket sales marketplace, including 
                        any trademark owned by an authorized agent or 
                        partner of the venue or event identified in 
                        clauses (i) and (ii); or
                            (iv) any name substantially similar to 
                        those described in clauses (i) and (ii), 
                        including any misspelling of any name described 
                        in those clauses.
            (6) Shall not permit the unauthorized secondary sale of a 
        ticket by an individual employee of any venue, primary ticket 
        seller, team, artist, promoter, secondary ticket sales 
        marketplace, or box office, that is directly involved in 
        hosting, promoting, performing in, or selling tickets if such 
        secondary sale--
                    (A) is for a higher total cost than the total cost 
                in the primary sale of the ticket; or
                    (B) is made to any third party and the employee has 
                actual knowledge, or knowledge fairly implied on the 
                basis of objective circumstances, that the third party 
                intends to sell the ticket for a higher total cost than 
                the total cost in the primary sale of the ticket.

SEC. 6. ENFORCEMENT.

    (a) Federal Trade Commission.--A violation of sections 3, 4, or 5 
of this Act, or any rule prescribed pursuant to this Act, is 
enforceable as a violation of a rule defining an unfair or deceptive 
act or practice prescribed under section 18(a)(1)(B) of the Federal 
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commission shall 
enforce this Act in the same manner, by the same means, and with the 
same jurisdiction as though all applicable terms and provisions of the 
Federal Trade Commission Act were incorporated into and made a part of 
this Act. Nothing in this Act shall be construed to limit the authority 
of the Commission under any other law.
    (b) State Attorneys General.--
            (1) In general.--Except as provided in paragraph (6), in 
        any case in which the attorney general of a State has reason to 
        believe that an interest of the residents of that State has 
        been or is threatened or adversely affected by the engagement 
        of any person in a practice that violates a rule prescribed 
        pursuant to this Act, the State, as parens patriae, may bring a 
        civil action on behalf of the residents of the State in an 
        appropriate district court of the United States or other court 
        of competent jurisdiction to--
                    (A) enjoin that practice;
                    (B) enforce compliance with the rule;
                    (C) obtain civil penalties;
                    (D) obtain damages, restitution, or other 
                compensation on behalf of residents of the State; and
                    (E) obtain such other relief as the court may 
                consider to be appropriate.
            (2) Notice.--The State shall serve written notice to the 
        Commission of any civil action under paragraph (1) at least 60 
        days prior to initiating such civil action. The notice shall 
        include a copy of the complaint to be filed to initiate such 
        civil action, except that if it is not feasible for the State 
        to provide such prior notice, the State shall provide notice 
        immediately upon instituting such civil action.
            (3) Intervention by ftc.--Upon receiving the notice 
        required by paragraph (2), the Commission may intervene in such 
        civil action and upon intervening--
                    (A) be heard on all matters arising in such civil 
                action;
                    (B) remove the action to the appropriate United 
                States district court; and
                    (C) file petitions for appeal of a decision in such 
                civil action.
            (4) Savings clause.--Nothing in this subsection shall 
        prevent the attorney general of a State from exercising the 
        powers conferred on the attorney general by the laws of such 
        State to conduct investigations or to administer oaths or 
        affirmations or to compel the attendance of witnesses or the 
        production of documentary and other evidence. Nothing in this 
        section shall prohibit the attorney general of a State, or 
        other authorized State officer, from proceeding in State or 
        Federal court on the basis of an alleged violation of any civil 
        or criminal statute of that State.
            (5) Venue; service of process; joinder.--In a civil action 
        brought under paragraph (1)--
                    (A) the venue shall be a judicial district in which 
                the defendant or a related party is found, is an 
                inhabitant, or transacts business, or wherever venue is 
                proper under section 1391 of title 28, United States 
                Code;
                    (B) process may be served without regard to the 
                territorial limits of the district or of the State in 
                which the civil action is instituted; and
                    (C) a person who participated with a defendant or 
                related party in an alleged violation that is being 
                litigated in the civil action may be joined in the 
                civil action without regard to the residence of the 
                person.
            (6) Preemptive action by ftc.--Whenever a civil action or 
        an administrative action has been instituted by or on behalf of 
        the Commission for violation of any rule described under 
        paragraph (1), no State may, during the pendency of such action 
        instituted by or on behalf of the Commission, institute a civil 
        action under paragraph (1) against any defendant named in the 
        complaint in such action for violation of any rule as alleged 
        in such complaint.
            (7) Award of costs and fees.--If a State prevails in any 
        civil action under paragraph (1), the State can recover 
        reasonable costs and attorney fees.
    (c) Private Right of Action.--Any person who suffers injury as a 
result of another person's violation of a rule prescribed pursuant to 
section 3(1) or 4(2), may bring a civil action against such person in a 
United States district court and may recover from such person damages 
for such injury plus $1,000 for each requirement or prohibition set 
forth in such sections that such person violated with respect to a 
ticket sold to the person bringing such action, and reasonable 
attorneys' fees and costs.

SEC. 7. NONPREEMPTION.

    Nothing in this Act shall affect the authority of any State or 
local government to establish or continue in effect a provision of law 
of the State or local government relating to the regulation of the 
resale of tickets to events or the pricing of such tickets for resale, 
except to the extent that such provision is inconsistent with this Act 
or a regulation promulgated under this Act, and then only to the extent 
of the inconsistency. A provision of law of a State or local government 
is not inconsistent with this Act or a regulation promulgated under 
this Act if such provision provides equal or greater protection to 
purchasers than the protection provided under this Act or such 
regulation.

SEC. 8. FTC STUDY OF TICKET MARKET.

    (a) Effect of BOTS Act of 2016.--Not later than 90 days after the 
date of the enactment of this Act, the Commission shall submit to 
Congress a report on the effect of the enforcement actions by the 
Commission since the date of the enactment of the BOTS Act of 2016 (15 
U.S.C. 45c; Public Law 114-274) on the ticket market, including the 
following:
            (1) Any enforcement action taken since such date.
            (2) How the Commission collects evidence of potential 
        violations of the BOTS Act of 2016.
            (3) Any recommendation to improve enforcement of the BOTS 
        Act of 2016, including whether additional regulations may be 
        needed to encourage reporting by primary ticket sellers, 
        secondary ticket sellers, and secondary ticket sales 
        marketplaces of activity that may be in violation of the BOTS 
        Act of 2016.
    (b) Effect of This Act.--Not later than 2 years after the date of 
the enactment of this Act, the Commission shall submit to Congress a 
report on the effect of this Act on the ticket market, including the 
following:
            (1) Any enforcement action taken since such date.
            (2) How the Commission collects evidence of potential 
        violations of this Act.
            (3) Any recommendation to improve enforcement of this Act, 
        including whether additional regulations may be needed to 
        encourage reporting of activity that may be in violation of 
        this Act.
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