[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5278 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5278

   To prohibit the speculative sale of event tickets, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2026

   Mr. Lujan introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To prohibit the speculative sale of event tickets, 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 ``Guaranteeing Honest Ownership in 
Secondary Ticketing Act'' or the ``GHOST Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Actual possession.--The term ``actual possession'', 
        with respect to an event ticket, means physical or virtual 
        possession of an event ticket issued by a ticket issuer.
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Event; event ticket; ticket issuer.--The terms 
        ``event'', ``event ticket'', and ``ticket issuer'' have the 
        meanings given such terms in the Better Online Ticket Sales Act 
        of 2016 (15 U.S.C. 45c).
            (4) Reseller.--The term ``reseller'' means a person engaged 
        in the resale of event tickets that is not the original ticket 
        issuer.

SEC. 3. PROHIBITION ON SPECULATIVE TICKETING.

    It shall be unlawful for any reseller to sell, offer for sale, or 
advertise for sale an event ticket unless such reseller has actual 
possession of such event ticket.

SEC. 4. ENFORCEMENT.

    (a) Enforcement by the Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        section 3 shall be treated as a violation of a rule defining an 
        unfair or deceptive act or practice under section 18(a)(1)(B) 
        of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--Except as provided in paragraphs 
                (3) and (4), the Commission shall enforce section 3 in 
                the same manner, by the same means, and with the same 
                jurisdiction, powers, and duties as though all 
                applicable terms and provisions of the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.) were incorporated 
                into and made a part of this Act.
                    (B) Privileges and immunities.--Any person who 
                violates section 3 or a regulation promulgated 
                thereunder shall be subject to the penalties and 
                entitled to the privileges and immunities provided in 
                the Federal Trade Commission Act (15 U.S.C. 41 et 
                seq.).
                    (C) Authority preserved.--Nothing in this section 
                shall be construed to limit the authority of the 
                Commission under any other provision of law.
                    (D) Rulemaking.--The Commission shall promulgate in 
                accordance with section 553 of title 5, United States 
                Code, such rules as may be necessary to carry out this 
                Act.
            (3) Civil action.--If the Commission has reason to believe 
        that any person has violated section 3, the Commission may 
        bring a civil action in an appropriate district court of the 
        United States to seek appropriate relief, including equitable 
        monetary relief.
            (4) Civil penalty.--
                    (A) In general.--In addition to any other penalty 
                prescribed by law, any person who violates section 3 
                shall be liable for--
                            (i) a civil penalty of not less than 
                        $15,000 for each day during which the violation 
                        occurs or continues to occur; and
                            (ii) an additional civil penalty equal to 
                        the greater of--
                                    (I) $1,000 per event ticket sold, 
                                offered for sale, or advertised for 
                                sale in violation of this Act; or
                                    (II) an amount equal to the sum of 
                                the total price for each event ticket 
                                sold, offered for sale, or advertised 
                                for sale in violation of this Act, 
                                multiplied by 5.
                    (B) Enhanced civil penalty for intentional 
                violations.--In addition to the civil penalty under 
                subparagraph (A), a person who intentionally violates 
                section 3 shall be liable for a civil penalty of not 
                less than $10,000 per event ticket sold, offered for 
                sale, or advertised for sale in violation of this Act.
            (5) Complaint website.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Commission shall 
                create a publicly available website where individuals 
                may report violations of this Act and the Better Online 
                Ticket Sales Act of 2016 (15 U.S.C. 45c).
                    (B) Cooperation with state attorneys general.--As 
                appropriate, the Commission shall share reports 
                received through the website created under subparagraph 
                (A) with State attorneys general.
            (6) Report to congress.--Not later than 180 days after the 
        date of enactment of this Act, and annually thereafter, the 
        Commission shall submit to Congress a report on enforcement 
        metrics, activity, and effectiveness under this Act and the 
        Better Online Ticket Sales Act of 2016 (15 U.S.C. 45c).
    (b) Enforcement by the States.--
            (1) In general.--In any case in which the attorney general 
        of a State has reason to believe that an interest of the 
        residents of the State has been or is threatened or adversely 
        affected by the engagement of any person in a practice that 
        violates section 3, the attorney general of the State may, as 
        parens patriae, bring a civil action on behalf of the residents 
        of the State in an appropriate district court of the United 
        States--
                    (A) to enjoin further violation by such person;
                    (B) to compel compliance with the requirements of 
                this Act; and
                    (C) to obtain damages, restitution, or other 
                compensation on behalf of such residents.
            (2) Investigatory powers.--Nothing in this section may be 
        construed to prevent the attorney general of a State from 
        exercising the powers conferred on the attorney general by the 
        laws of the State to conduct investigations, to administer 
        oaths or affirmations, or to compel the attendance of witnesses 
        or the production of documentary or other evidence.
            (3) Venue; service of process.--
                    (A) Venue.--Any action brought under paragraph (1) 
                may be brought in--
                            (i) the district court of the United States 
                        that meets applicable requirements relating to 
                        venue under section 1391 of title 28, United 
                        States Code; or
                            (ii) another court of competent 
                        jurisdiction.
                    (B) Service of process.--In an action brought under 
                paragraph (1), process may be served in any district in 
                which the defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.
            (4) Actions by other state officials.--
                    (A) In general.--In addition to civil actions 
                brought by attorneys general under paragraph (1), any 
                other consumer protection officer of a State who is 
                authorized by the State to do so may bring a civil 
                action under paragraph (1), subject to the same 
                requirements and limitations that apply under this 
                subsection to civil actions brought by attorneys 
                general.
                    (B) Savings provision.--Nothing in this section may 
                be construed to prohibit an authorized official of a 
                State from initiating or continuing any proceeding in a 
                court of the State for a violation of any civil or 
                criminal law of the State.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect on the date that is 60 days after the 
date of enactment of this Act.
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