,,ii #aahth ,,congress #ast ,session ,s4 #bieg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bg 7legislative day1 ,september #bb71 #bjbc,mr4 ,blumenthal 7for himself1 ,ms4 ,hirono1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect consumers from unfair and deceptive acts and practices in connection with primary and secondary ticket sales1 and for other purposes4 #a4 ,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 #bjbc or the ,,boss and ,,swift ,,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,ancillary charge ,the term ancillary charge-- 7,a7 means any fee that must be paid in order to secure a ticket from a primary ticket seller or secondary ticket sales marketplace1 including a service fee1 convenience charge1 delivery and logistics fee1 and any other mandatory charge2 and 7,b7 does not include taxes4 7#b7 ,base price ,the term base price means the price charged for a ticket other than any ancillary charge and tax4 7#c7 ,box office ,the term box office means a physical location where tickets are offered for primary sale4 7#d7 ,bundled series tickets ,the term bundled series tickets means a package of tickets for multiple events that are part of the same entertainment series4 7#e7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#f7 ,domain name ,the term domain name means a globally unique1 hierarchical reference to an internet host or service1 which is assigned through centralized internet naming authorities1 and which is comprised of a series of character strings separated by periods1 with the right most string specifying the top of the hierarchy4 7#g7 ,primary sale ,the term primary sale means1 with regards to a ticket1 the initial sale of a ticket4 7#h7 ,primary ticket seller ,the term primary ticket seller means an owner or operator of a venue or a sports team1 a manager or provider of an event1 or a provider of ticketing services 7or an agent of such owner1 operator1 manager1 or provider7 that engages in the primary sale of tickets for an event4 7#i7 ,purchaser ,the term purchaser means any person who purchases a ticket from a primary ticket seller or a secondary ticket seller1 or on a secondary ticket sales marketplace4 7#aj7 ,resale2 secondary sale ,the terms resale or secondary sale means1 with regards to a ticket1 any sale of a ticket that is not a primary sale4 7#aa7 ,secondary ticket sales marketplace ,the term secondary ticket sales marketplace means a business1 including a primary ticket seller1 that operates or provides a website1 software application for a mobile device1 or any other digital platform1 whose purpose is to resell or facilitate the resale of tickets to purchasers4 7#ab7 ,secondary ticket seller ,the term secondary ticket seller means an individual1 group of individuals1 or company1 including a primary ticket seller1 who engages in the resale or secondary sale of tickets4 7#ac7 ,ticket ,the term ticket means a printed1 electronic1 or other type of evidence of the right for admission to a sporting event1 theater1 musical performance1 or place of public amusement of any kind1 including bundled series tickets4 7#ad7 ,total cost of the ticket ,the term total cost of the ticket means the base price of the ticket and any ancillary charge4 7#ae7 ,,url ,the term ,,url means the uniform resource locator for an internet website4 #c4 ,transparency of marketing1 distribution1 and pricing by ticket sellers ,a primary ticket seller1 secondary ticket seller1 and secondary ticket sales marketplace shall do the following3 7#a7 ,disclose clearly and conspicuously the total cost of the ticket1 from the first time a ticket price is displayed and anytime thereafter4 7#b7 ,provide the purchaser before purchase an option to view the base price of the ticket with any ancillary charge and tax itemized4 7#c7 ,display the total cost of the ticket in any price quote and advertisement that includes the ticket price4 7#d7 ,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 changed4 7#e7 ,if a ticket is not delivered 7except for a case in which there is nondelivery due to a cause beyond reasonable control of the seller1 including a natural disaster1 civil disturbance1 or otherwise unforeseeable impediment7 provide the purchaser1 at the option of the purchaser1 at minimum-- 7,a7 a full refund for the total cost of the ticket and any tax2 or 7,b7 subject to availability1 a replacement ticket in a comparable or upgraded location4 7#f7 ,disclose clearly and conspicuously whether any given ticket is being offered as a primary sale or secondary sale4 7#g7 ,disclose clearly and conspicuously the guarantee or refund policy1 including whether any ancillary charge and tax will be refunded to the purchaser1 before the completion of the sale of a ticket4 7#h7 ,prohibit the design1 modification1 or manipulation of a user interface with the purpose or substantial effect of obscuring1 subverting1 or impairing user autonomy1 decision making1 or choice4 7#i7 ,not knowingly sell a ticket for the same seat to more than one person4 7#aj7 ,report to the ,commission any actual or constructive knowledge of activity that may be in violation of the ,,bots ,act of #bjaf 7#ae ,u4,s4,c4 #de;c2 ,public ,law #aad-bgd74 #d4 ,primary ticket seller requirements ,a primary ticket seller shall do the following3 7#a7 ,disclose clearly and conspicuously on the website of the seller and at the box office of the venue where the event will be held1 the total number and total cost of tickets that will be offered for sale to the general public by the seller not less than #g days before the date on which tickets are made available for primary sale4 7#b7 ,not restrict or hinder the ability of a purchaser who has purchased a ticket from a primary ticket seller from-- 7,a7 reselling any such ticket independently of the primary ticket seller or any secondary ticket sales marketplace owned or affiliated with the primary ticket seller2 and 7,b7 reselling such ticket on the secondary ticket sales marketplace the purchaser chooses4 7#c7 ,not require a minimum or maximum price for the resale of any ticket purchased from a primary ticket seller4 7#d7 ,not sanction or deny a purchaser admission to an event1 deny rights to bundled series tickets or the renewal thereof1 or otherwise discriminate against a purchaser on the basis that the purchaser resold a ticket1 gifted a ticket1 or purchased a resold ticket4 #e4 ,secondary ticket seller and secondary ticket sales marketplace requirements ,a secondary ticket seller or secondary ticket sales marketplace shall comply with the following requirements3 7#a7 ,if a secondary ticket seller does not control the ticket at the time the ticket is offered for sale-- 7,a7 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 ticket2 and 7,b7 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 7,a74 7#b7 ,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 seller4 7#c7 ,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 venue1 team1 or artist associated with the event4 7#d7 ,a secondary ticket sales marketplace shall disclose clearly and conspicuously upon offering a ticket for resale-- 7,a7 the delivery method and the delivery timing2 and 7,b7 the precise section and row of the seat or space to which the ticket would entitle the bearer1 or1 if information about the precise section and row of the seat or space is not available1 descriptive information about the location of the seat or space1 such as a description of a section or other area within the venue where the seat or space is located4 7#e7 ,a secondary ticket sales marketplace-- 7,a7 shall provide a clear and conspicuous statement1 before a visitor creates an account with the secondary ticket sales marketplace or selects a ticket1 that the marketplace is engaged in the secondary sale of tickets and is not affiliated or endorsed by a venue1 team1 or artist1 as the case may be1 unless the marketplace has the express written consent of the venue1 team1 or artist1 as applicable2 and 7,b7 shall not use a domain name1 or any subdomain thereof1 in the ,,url of the marketplace that contains-- 7i7 the name of a specific team1 league1 or venue where concerts1 sports1 or other live entertainment events are held1 unless authorized by the owner of the name2 7ii7 the name of the exhibition or performance or of another event described in clause 7i71 including the name of a person1 team1 performance1 group1 or entity scheduled to perform at any such venue or event1 unless authorized by the owner of the name2 7iii7 any trademark not owned by the secondary ticket sales marketplace1 including any trademark owned by an authorized agent or partner of the venue or event identified in clauses 7i7 and 7ii72 or 7iv7 any name substantially similar to those described in clauses 7i7 and 7ii71 including any misspelling of any name described in those clauses4 7#f7 ,shall not permit the unauthorized secondary sale of a ticket by an individual employee of any venue1 primary ticket seller1 team1 artist1 promoter1 secondary ticket sales marketplace1 or box office1 that is directly involved in hosting1 promoting1 performing in1 or selling tickets if such secondary sale-- 7,a7 is for a higher total cost than the total cost in the primary sale of the ticket2 or 7,b7 is made to any third party and the employee has actual knowledge1 or knowledge fairly implied on the basis of objective circumstances1 that the third party intends to sell the ticket for a higher total cost than the total cost in the primary sale of the ticket4 #f4 ,enforcement 7a7 ,federal ,trade ,commission ,a violation of sections #c1 #d1 or #e of this ,act1 or any rule prescribed pursuant to this ,act1 is enforceable as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 ,the ,commission shall enforce this ,act in the same manner1 by the same means1 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 ,act4 ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other law4 7b7 ,state attorneys general 7#a7 ,in general ,except as provided in paragraph 7#f71 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 ,act1 the ,state1 as parens patriae1 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-- 7,a7 enjoin that practice2 7,b7 enforce compliance with the rule2 7,c7 obtain civil penalties2 7,d7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state2 and 7,e7 obtain such other relief as the court may consider to be appropriate4 7#b7 ,notice ,the ,state shall serve written notice to the ,commission of any civil action under paragraph 7#a7 at least #fj days prior to initiating such civil action4 ,the notice shall include a copy of the complaint to be filed to initiate such civil action1 except that if it is not feasible for the ,state to provide such prior notice1 the ,state shall provide notice immediately upon instituting such civil action4 7#c7 ,intervention by ,,ftc ,upon receiving the notice required by paragraph 7#b71 the ,commission may intervene in such civil action and upon intervening-- 7,a7 be heard on all matters arising in such civil action2 7,b7 remove the action to the appropriate ,united ,states district court2 and 7,c7 file petitions for appeal of a decision in such civil action4 7#d7 ,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 evidence4 ,nothing in this section shall prohibit the attorney general of a ,state1 or other authorized ,state officer1 from proceeding in ,state or ,federal court on the basis of an alleged violation of any civil or criminal statute of that ,state4 7#e7 ,venue2 service of process2 joinder ,in a civil action brought under paragraph 7#a7-- 7,a7 the venue shall be a judicial district in which the defendant or a related party is found1 is an inhabitant1 or transacts business1 or wherever venue is proper under section #acia of title #bh1 ,united ,states ,code2 7,b7 process may be served without regard to the territorial limits of the district or of the ,state in which the civil action is instituted2 and 7,c7 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 person4 7#f7 ,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 7#a71 no ,state may1 during the pendency of such action instituted by or on behalf of the ,commission1 institute a civil action under paragraph 7#a7 against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint4 7#g7 ,award of costs and fees ,if a ,state prevails in any civil action under paragraph 7#a71 the ,state can recover reasonable costs and attorney fees4 7c7 ,private right of action ,any person who suffers injury as a result of another person's violation of a rule prescribed pursuant to section #c7a7 or #d7b71 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 #a1jjj 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 action1 and reasonable attorneys' fees and costs4 #g4 ,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 resale1 except to the extent that such provision is inconsistent with this ,act or a regulation promulgated under this ,act1 and then only to the extent of the inconsistency4 ,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 regulation4 #h4 ,,ftc study of ticket market 7a7 ,effect of ,,bots ,act of #bjaf ,not later than #ij days after the date of the enactment of this ,act1 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 #bjaf 7#ae ,u4,s4,c4 #de;c2 ,public ,law #aad-bgd7 on the ticket market1 including the following3 7#a7 ,any enforcement action taken since such date4 7#b7 ,how the ,commission collects evidence of potential violations of the ,,bots ,act of #bjaf4 7#c7 ,any recommendation to improve enforcement of the ,,bots ,act of #bjaf1 including whether additional regulations may be needed to encourage reporting by primary ticket sellers1 secondary ticket sellers1 and secondary ticket sales marketplaces of activity that may be in violation of the ,,bots ,act of #bjaf4 7b7 ,effect of this ,act ,not later than #b years after the date of the enactment of this ,act1 the ,commission shall submit to ,congress a report on the effect of this ,act on the ticket market1 including the following3 7#a7 ,any enforcement action taken since such date4 7#b7 ,how the ,commission collects evidence of potential violations of this ,act4 7#c7 ,any recommendation to improve enforcement of this ,act1 including whether additional regulations may be needed to encourage reporting of activity that may be in violation of this ,act4