[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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