Hirono, Colleagues Introduce BOSS & SWIFT Act to Protect Consumers from Predatory Ticket Sellers and Fees

WASHINGTON, D.C. – U.S. Senator Mazie K. Hirono (D-HI), a member of the Senate Judiciary Committee, joined Senators Richard Blumenthal (D-CT) and Ed Markey (D-MA) in introducing the Better Oversight of Stub Sales and Strengthening Well Informed and Fair Transactions for Audiences of Concert Ticketing Act (BOSS & SWIFT Act), legislation to protect consumers from unfair and deceptive practices in the primary and secondary ticket marketplaces. Named after Bruce Springsteen, Taylor Swift, and fans of other artists and teams who have faced outrageous prices, long wait times, site crashes, and other disruptions, the legislation would require sellers to be transparent about base prices, added fees, the distribution of tickets, and refund policies.

“For too long, ticket sellers have employed deceptive fees and practices to maximize profits at consumers’ expense,” said Senator Hirono. “It’s time to crack down on this anti-hero behavior, which is exactly what the BOSS and SWIFT Act will do. By requiring ticket sellers to act with transparency, this legislation will protect consumers, helping them enjoy the best day at their favorite concerts, games, and performances.”

The BOSS & SWIFT Act would:

• Require sellers to disclose the total cost of tickets up front, including all service fees, convenience charges, delivery and logistics fees, and other costs levied against consumers;
• Prevent sellers from changing the total cost of a ticket during the purchase process without alerting the buyer;
• Require sellers to clearly disclose their refund policies; and
• Ensure primary sellers are transparent about marketing and distribution by disclosing the total number and cost of tickets that will be offered at least seven days before they go on sale.

The legislation would also give the Federal Trade Commission (FTC) and state attorneys general enforcement authority, and allow consumers to seek private rights of action for damages and harms caused by those who violate the standards.

The BOSS and SWIFT Act has been introduced in the U.S. House of Representatives by Representatives Bill Pascrell, Jr. (D-NJ) and Frank Pallone, Jr. (D-NJ).

The legislation is endorsed by the National Consumers League, Sports Fan Coalition, Consumer Action, Consumer Federation of America, FanFreedom Project, and the Progressive Policy Institute, and the National Association of Consumer Advocates. 

The full text of the bill is available here.

Senator Hirono, a member of the Senate Judiciary Committee, is committed to fighting for a fair and open market and holding giant corporations accountable. In June 2023, Senator Hirono joined seven of her Senate Judiciary Committee colleagues in reintroducing the American Innovation and Choice Online Act. This bipartisan legislation would restore competition online by establishing common sense rules of the road for dominant digital platforms to prevent them from abusing their market power to hurt competition, online businesses, and consumers. In January 2023, Senator Hirono questioned executives from Live Nation and competing live event companies, as well as antitrust experts and a musician, during a full committee hearing on anti-competitive behavior in the live entertainment industry. This hearing followed Live Nation subsidiary Ticketmaster’s disastrous pre-sale of tickets for the Taylor Swift Eras Tour late last year, which ultimately forced the company to cancel the public sale of tickets.

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