BOSS and SWIFT ACT of 2023

This bill aims to protect consumers by regulating primary and secondary ticket sales for events, requiring transparency in pricing, disclosures, and fair practices, enforced by the Federal Trade Commission (FTC) and state attorneys general, with a private right of action for certain violations.

Sec. 2, Definitions: Defines key terms like 'ancillary charges' (fees beyond base price, excluding taxes), 'base price', 'primary ticket seller', 'secondary ticket sales marketplace', 'total cost of the ticket' (base price plus ancillary charges), and others related to ticket sales.

Sec. 3, Transparency of marketing, distribution, and pricing by ticket sellers: Requires all ticket sellers to disclose the total cost from the first display, offer an itemized view of base price and fees, display total cost in ads, not change it without notice, provide refunds or replacement tickets for undelivered tickets (except for uncontrollable causes), disclose if a sale is primary or secondary, state refund policies, avoid manipulative user interfaces, not sell the same seat twice, and report BOTS Act violations to the FTC.

Sec. 4, Primary ticket seller requirements: Requires primary sellers to disclose total number and cost of tickets for public sale at least 7 days before sale, not restrict purchasers from reselling tickets independently or on any marketplace, not set minimum or maximum resale prices, and not penalize purchasers for reselling or gifting tickets.

Sec. 5, Secondary ticket sellers and secondary ticket sales marketplaces requirements: Requires secondary sellers to disclose if they don't control the ticket at listing, marketplaces to explain refunds for mismatched tickets, disclose if they are also the primary seller, provide delivery method and seat location details, state they are not affiliated with venues/teams/artists unless authorized, avoid using unauthorized names or trademarks in URLs, and prohibit unauthorized secondary sales by employees involved in events for higher prices.

Sec. 6, Enforcement: Violations are treated as FTC rule violations, enforced by the FTC. State attorneys general can sue on behalf of residents for injunctions, compliance, penalties, damages, and other relief, with notice to the FTC, which can intervene. Private individuals injured by violations of Sec. 3(1) or 4(2) can sue for damages plus $1,000 per violation per ticket, plus attorney fees.

Sec. 7, Nonpreemption: Allows state and local laws that provide equal or greater purchaser protection to continue, but inconsistent provisions are preempted.

Sec. 8, FTC study of ticket market: Requires the FTC to report to Congress within 90 days on BOTS Act enforcement effects, and within 2 years on this Act's effects, including enforcement actions, evidence collection, and recommendations for improvement.