Learn about the BOSS and SWIFT Act, a key step in U.S. live event ticketing reform.
What exactly is the BOSS and SWIFT Act?
The BOSS and SWIFT Act, which stands for The Better Oversight of Stub Sales and Strengthening Well-Informed and Fair Transactions for Audiences of Concert Ticketing, is a legislative proposal with several significant provisions.
Firstly, it mandates that ticket sellers transparently disclose the complete ticket cost upfront. This includes all elements such as service fees, convenience charges, delivery and logistics fees, and any other expenses passed on to consumers. Additionally, it requires sellers to provide clear information regarding their refund policies.
Moreover, the Act prohibits ticket sellers from modifying the total ticket cost during the purchasing process without notifying the buyer. It also ensures that primary sellers are transparent about their marketing and distribution practices. This involves disclosing both the total quantity and cost of tickets that will be available at least seven days before the official sale date, addressing the issue of “speculative” ticketing.
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The legislation grants enforcement authority to the Federal Trade Commission (FTC) and state attorneys general, empowering consumers to pursue private legal action for damages resulting from violations of these established standards.
The drive to reform the live event ticketing experience in the United States reached a significant milestone as the BOSS and SWIFT Act was introduced in the Senate. This legislation, officially known as the Better Oversight of Stub Sales and Strengthening Well Informed and Fair Transactions for Audiences of Concert Ticketing Act, was introduced by Senators Richard Blumenthal (D-CT), Mazie Hirono (D-MA), and Edward J. Markey (D-MA).
Senator Blumenthal emphasized, “This measure will be a major step toward stopping all the hidden fees and exorbitant prices that have plagued concertgoers for far too long. Ticket buyers now face sky-high junk charges or shutouts by scalpers and secondary sellers. These standards bring fairness and transparency to fans, artists, and venues who power this industry.”
The BOSS and SWIFT Act, named after Bruce Springsteen and Taylor Swift, represents a comprehensive set of reforms aimed at enhancing the consumer experience in the ticketing industry. Recent criticisms, such as the problematic sale of Taylor Swift’s Eras Tour tickets and the use of “dynamic” and “platinum” surge pricing for Bruce Springsteen’s tour, have highlighted the need for change.
The proposed reforms within the BOSS and SWIFT Act address various issues that consumers encounter when purchasing and managing tickets, both in the primary and resale markets. These stipulations include:
- Mandating sellers to disclose the complete ticket cost upfront, encompassing all service fees, convenience charges, delivery fees, and other expenses imposed on consumers.
- Preventing sellers from altering the total ticket cost during the purchase process without notifying the buyer.
- Requiring sellers to provide clear information about their refund policies.
- Ensuring transparency in marketing and distribution by compelling primary sellers to disclose the total quantity and cost of tickets that will be available at least seven days prior to the on-sale date.
This year, the BOSS and SWIFT Act was initially introduced in the House of Representatives by Representatives Bill Pascrell and Frank Pallone, both hailing from New Jersey. The House version recently underwent its first committee hearing, coinciding with the TICKET Act, a related but less comprehensive piece of legislation that primarily addresses “all-in” pricing.
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The BOSS and SWIFT Act has garnered support from various organizations, including the National Consumers League, Sports Fan Coalition, Consumer Action, Consumer Federation of America, FanFreedom Project, and the Progressive Policy Institute. Additionally, it has received endorsement from the National Association of Consumer Advocates.
Diana Moss, Vice President and Director of Competition Policy for the Progressive Policy Institute, commended the BOSS and SWIFT Act, emphasizing its role in advancing competition in the live events ticketing industry and safeguarding the interests of fans. She noted that the legislation is a crucial step toward promoting transparency in ticketing, addressing transparency issues that have arisen, in part, due to the efforts of Live Nation-Ticketmaster to maintain dominance in the live events market. Moss stated that this legislation establishes a robust legislative framework for tackling transparency problems and, notably, may complement potential antitrust enforcement efforts in this sector.
Live Nation Entertainment and the “Fix The Tix” coalition, comprising independent venues and similar operators, have previously expressed opposition to the BOSS and SWIFT reforms. Instead, they have advocated for legislation that would grant event operators comprehensive control over the entire ticketing ecosystem. This would include the authority to regulate competition in the resale market by potentially declaring all ticket access systems, except their own, as illegal. It is anticipated that a bill aligning with many of their desired reforms is in the final stages of preparation for release, spearheaded by Texas Republican Jon Cornyn.
Rep. Pascrell, in addressing the substantial companies opposing the BOSS and SWIFT Act reforms in advance of Wednesday’s hearing in the House, stated, “This is a fight I have taken on with Eyes Open.” He emphasized the dominance of one company, Live Nation/Ticketmaster, across various facets of the industry, from recording and licensing to venue ownership, ticketing, and even concessions. In reference to the legislative consideration of the BOSS and SWIFT Act, Rep. Pascrell conveyed a clear message to Live Nation/Ticketmaster: “Look What You Made Me Do.”
