Enact the Trading Card Fair Access and Anti-Scalping Act of 2026
The Issue
Scalping and reselling have turned the world of trading card hobbies upside down, hitting hard where it hurts the most—our families and children. This issue resonates deeply with countless enthusiasts who have been forced out of the communities they love. It is increasingly impossible to find trading card products at reasonable prices. Families are left disheartened, unable to share the joy of collecting and trading that they once cherished.
The trading card market in the United States has faced unprecedented exploitation due to scalpers who hoard popular cards only to resell them at exorbitant prices. This unchecked practice has not only inflated prices but also created barriers for young collectors and families who wish to partake in this beloved hobby. According to a report by [reputable source], the trading card market has seen a [X]% increase in prices due to scalping practices, pushing many away from joining or continuing in these communities.
The Trading Card Fair Access and Anti-Scalping Act of 2026 proposes to introduce stringent measures to curb these heinous practices. By limiting bulk purchases that feed scalpers, imposing fair price regulations, and enhancing transparency in sales, we can restore the balance in the trading card communities across the nation.
Implementing these measures will not only ensure fair access to products but will also revitalize interest and participation in trading card hobbies. It will enable children and families to enjoy collecting once more without financial strain.
Let us unite to protect our hobbies and ensure that trading card collecting remains an accessible and enjoyable activity for all. We urge lawmakers to consider the Trading Card Fair Access and Anti-Scalping Act of 2026 and put an end to unfair and exploitative practices.
Sign this petition to demand fair access and preserve the joy of collecting for future generations. Together, we can make a difference and safeguard our beloved hobby. Below is what the bill could look like
TRADING CARD FAIR ACCESS AND ANTI-SCALPING ACT OF 2026
PART I
SECTION 1. SHORT TITLE.
This Act shall be known and may be cited as the Trading Card Fair Access and Anti-Scalping Act of 2026.
⸻
SECTION 2. PURPOSE.
The purpose of this Act is to:
(a) Protect consumers from unfair commercial scalping of newly released trading card products.
(b) Ensure fair and equal access to newly released trading card products for children, families, collectors, hobbyists, and players.
(c) Prevent artificial shortages caused by commercial resale, automated purchasing software, coordinated purchasing, and other unfair market practices.
(d) Promote fair competition among retailers.
(e) Protect authorized local game stores while preventing unfair resale practices that inflate prices and reduce product availability.
(f) Encourage transparency throughout the trading card marketplace.
⸻
SECTION 3. LEGISLATIVE FINDINGS.
The Legislature finds the following:
(a) Newly released trading card products have increasingly become unavailable to ordinary consumers because of commercial scalping.
(b) Commercial scalping creates artificial shortages, inflates prices, and undermines consumer confidence.
(c) Automated purchasing software, purchasing bots, coordinated purchasing groups, and proxy purchasers create unfair advantages over ordinary consumers.
(d) Children, families, schools, and local gaming communities are harmed when products become unavailable immediately after release.
(e) Consumer protection measures are necessary to preserve fair access while allowing lawful collecting and legitimate retail commerce.
⸻
SECTION 4. DEFINITIONS.
For purposes of this Act:
(a) Trading Card Product means any sealed retail product manufactured for Pokémon, Magic: The Gathering, Disney Lorcana, Yu-Gi-Oh!, One Piece Card Game, sports trading cards, or any other collectible trading card game or collectible trading card product.
(b) Manufacturer’s Suggested Retail Price (MSRP) means the retail price published by the manufacturer at the time of release.
(c) Restricted Period means the first twelve (12) months following the official retail release date of a product.
(d) Commercial Reseller means any individual, partnership, corporation, limited liability company, or other business entity engaged primarily in purchasing trading card products for resale for profit.
(e) Authorized Retailer means a retailer recognized by the manufacturer or its authorized distributor to sell newly released trading card products.
(f) Local Game Store means a physical brick-and-mortar hobby retailer primarily engaged in the sale of trading card games and related hobby products and that regularly hosts organized play, tournaments, leagues, or community gaming events.
(g) Sealed Product means any unopened trading card product in its original manufacturer packaging.
(h) Commercial Scalping means knowingly purchasing, obtaining, or offering newly released trading card products for resale in violation of the provisions of this Act.
⸻
SECTION 5. MSRP PROTECTION.
(a) During the Restricted Period, no Commercial Reseller shall sell, advertise, or offer for sale any covered Sealed Product at a price exceeding the Manufacturer’s Suggested Retail Price (MSRP), except as otherwise authorized by this Act.
(b) Upon expiration of the Restricted Period, covered products may be sold at any mutually agreed market price.
(c) Individual trading cards removed from sealed products are exempt from this section except where otherwise provided under the Anti-Circumvention provisions of this Act.
(d) Nothing in this section prohibits manufacturers or authorized retailers from selling products below MSRP.
⸻
SECTION 6. AUTHORIZED LOCAL GAME STORE EXCEPTION.
(a) An Authorized Local Game Store may charge a reasonable retailer premium to offset operating costs, staffing, rent, utilities, tournament support, and other business expenses.
(b) During the Restricted Period, the retailer premium shall not exceed the greater of:
Twenty Dollars ($20.00); or
Ten percent (10%) of the MSRP;
provided that no retailer premium shall exceed Forty Dollars ($40.00) on any individual sealed product.
(c) Every Authorized Local Game Store utilizing this exception shall clearly display:
The MSRP;
The retailer premium; and
The final selling price.
(d) This exception applies only to inventory obtained directly through authorized distributors or manufacturers and shall not apply to inventory obtained from retail stores, secondary markets, auctions, or unauthorized sources.
(e) Nothing in this section shall authorize commercial scalping, market manipulation, artificial shortages, bot-assisted purchasing, inventory diversion, or any conduct otherwise prohibited by this Act. TRADING CARD FAIR ACCESS AND ANTI-SCALPING ACT OF 2026
PART II
SECTION 7. PROHIBITED COMMERCIAL SCALPING PRACTICES.
(a) During the Restricted Period, no Commercial Reseller shall knowingly:
Purchase trading card products primarily for resale at prices prohibited by this Act.
Purchase quantities of trading card products with the intent to create an artificial shortage.
Use or employ proxy purchasers, coordinated buying groups, or similar arrangements to evade retailer purchase limits.
Advertise or offer products for sale in violation of this Act.
Assist, direct, encourage, or compensate another person to violate this Act.
(b) No Commercial Reseller shall knowingly manipulate the market availability or market price of newly released trading card products.
⸻
SECTION 8. PROHIBITION OF AUTOMATED PURCHASING.
(a) No person shall use automated software, bots, scripts, artificial intelligence, automated checkout software, or similar technology to purchase or reserve newly released trading card products before ordinary consumers have a reasonable opportunity to purchase such products.
(b) No person shall knowingly sell, distribute, lease, or provide automated software intended to violate this Act.
(c) Any products obtained through prohibited automated purchasing methods shall remain subject to all provisions of this Act.
⸻
SECTION 9. ANTI-CIRCUMVENTION.
(a) No Commercial Reseller shall evade the pricing restrictions established by this Act by:
Opening booster boxes.
Opening Elite Trainer Boxes.
Opening booster bundles.
Opening collector boxes.
Opening gift collections.
Opening tins.
Opening starter products.
Opening any sealed retail product for the purpose of separately selling unopened booster packs, promotional packs, or other unopened contents at prices exceeding the proportional MSRP during the Restricted Period.
(b) No Commercial Reseller shall separate, divide, bundle, repackage, relabel, or otherwise alter a product for the purpose of avoiding the provisions of this Act.
(c) Any commercial practice whose primary purpose is to avoid the requirements of this Act shall constitute a violation regardless of the method employed.
(d) Repeated conduct demonstrating a pattern of circumvention may be considered evidence of intentional commercial scalping.
⸻
SECTION 10. PROHIBITION ON RETAIL INVENTORY DIVERSION.
(a) No Commercial Reseller, Authorized Retailer, or Local Game Store shall knowingly purchase newly released trading card products from another retail establishment for the primary purpose of resale during the Restricted Period.
(b) No Commercial Reseller, Authorized Retailer, or Local Game Store shall intentionally purchase the available inventory of another retailer for the purpose of:
Creating or contributing to an artificial shortage.
Circumventing authorized wholesale distribution channels.
Increasing resale prices.
Preventing ordinary consumers from purchasing products at retail.
Obtaining an unfair commercial advantage.
(c) A Local Game Store or Authorized Retailer found to have intentionally purchased inventory from major retailers or other retail establishments in violation of this Section shall be subject to:
A civil fine of not less than Ten Thousand Dollars ($10,000) for a first violation.
A civil fine of not less than Twenty-Five Thousand Dollars ($25,000) for a second violation.
A civil fine of not less than Seventy-Five Thousand Dollars ($75,000), together with suspension or revocation of any applicable state business license, where authorized by law, for a third or subsequent violation.
(d) Inventory acquired in violation of this Section shall remain subject to all pricing restrictions and anti-circumvention provisions established by this Act.
(e) This Section shall not prohibit:
Inventory transfers between businesses under common ownership.
Manufacturer-authorized inventory reallocations.
Court-ordered liquidation or bankruptcy sales.
Other lawful commercial transactions not intended to evade the provisions of this Act.
⸻
SECTION 11. ONLINE MARKETPLACE SALES.
(a) Every Commercial Reseller offering trading card products through an online marketplace shall comply with all provisions of this Act.
(b) Commercial Resellers shall accurately disclose, when required by applicable law, the product’s release date, condition, and whether the product is sealed or has been separated from another retail product.
(c) A Commercial Reseller shall not knowingly misrepresent the origin, release date, MSRP, or retail configuration of any product for the purpose of avoiding enforcement under this Act.
(d) Online marketplaces shall comply with lawful court orders and other legal obligations concerning listings determined to violate this Act, in accordance with applicable federal and state law. TRADING CARD FAIR ACCESS AND ANTI-SCALPING ACT OF 2026
PART III
SECTION 12. ENFORCEMENT.
(a) The Attorney General, or such State Consumer Protection Agency as may be designated by law, shall have authority to administer and enforce this Act.
(b) The enforcing authority may:
Receive and investigate complaints alleging violations of this Act.
Issue subpoenas where authorized by law.
Conduct investigations into alleged violations.
Seek injunctions to prevent continuing violations.
Seek restitution for consumers where authorized by applicable law.
Assess civil penalties as provided by this Act.
(c) The enforcing authority may cooperate with manufacturers, distributors, authorized retailers, local game stores, online marketplaces, and other governmental agencies to investigate suspected commercial scalping and market manipulation.
⸻
SECTION 13. CIVIL PENALTIES.
(a) A Commercial Reseller, Authorized Retailer, or Local Game Store found to have violated this Act shall be subject to the following civil penalties:
First violation:
A civil fine of not less than Five Thousand Dollars ($5,000).
Second violation:
A civil fine of not less than Fifteen Thousand Dollars ($15,000).
Third or subsequent violation:
A civil fine of not less than Fifty Thousand Dollars ($50,000).
(b) In addition to any civil penalty, a court of competent jurisdiction may order:
Restitution to consumers harmed by violations of this Act, where authorized by law.
Temporary or permanent injunctive relief.
Suspension or revocation of any applicable business license where authorized under existing state law.
(c) Each separate commercial transaction found to violate this Act may constitute a separate violation, subject to applicable constitutional and procedural protections.
⸻
SECTION 14. FRAUD AND RELATED OFFENSES.
(a) Nothing in this Act shall limit the enforcement of existing federal or state laws concerning:
Fraud.
Identity theft.
Computer crime.
Counterfeiting.
Forgery.
Tax evasion.
Organized criminal activity.
(b) Any person who knowingly employs fraudulent means, including stolen identities, automated bot networks, counterfeit payment methods, or similar deceptive practices in connection with violations of this Act may be prosecuted under applicable criminal statutes in addition to any civil penalties imposed under this Act.
⸻
SECTION 15. CONSUMER RIGHTS.
(a) Nothing contained within this Act shall diminish any rights or remedies otherwise available to consumers under applicable consumer protection laws.
(b) Consumers may submit complaints concerning alleged violations of this Act to the appropriate state or federal enforcement agency.
(c) The enforcing authority shall maintain a public process for receiving, reviewing, and investigating complaints.
⸻
SECTION 16. RULEMAKING AUTHORITY.
The Attorney General or designated Consumer Protection Agency may adopt reasonable rules and regulations necessary to implement and administer this Act, provided such rules remain consistent with the purposes and provisions of this Act.
⸻
SECTION 17. SEVERABILITY.
If any provision of this Act, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, the remaining provisions and their application shall remain in full force and effect to the fullest extent permitted by law.
⸻
SECTION 18. EFFECTIVE DATE.
This Act shall take effect one (1) year after enactment.
⸻
SECTION 19. LEGISLATIVE INTENT.
The Legislature declares that this Act shall be interpreted to:
Promote fair consumer access to newly released trading card products.
Discourage commercial scalping and artificial shortages.
Protect legitimate retail businesses and authorized Local Game Stores operating in good faith.
Promote fair competition throughout the trading card marketplace.
Encourage transparency in pricing and product availability.
Preserve the rights of consumers to collect, own, trade, and enjoy trading card products in accordance with applicable law.
Prevent commercial market manipulation while recognizing lawful business operations and legitimate collecting activities.
END OF MODEL ACT
It has been brought to my attention that their is some loopholes in the act now this is just what the act could be however if we where to close the loopholes it would look something like this
TRADING CARD FAIR ACCESS AND ANTI-SCALPING ACT OF 2026
SECTION 1. SHORT TITLE.
This Act shall be known and may be cited as the Trading Card Fair Access and Anti-Scalping Act of 2026.
⸻
SECTION 2. PURPOSE.
The purposes of this Act are to:
(a) Protect consumers from unfair commercial scalping of newly released trading card products.
(b) Ensure fair and reasonable access to newly released trading card products for children, families, collectors, hobbyists, players, schools, and local communities.
(c) Prevent artificial shortages caused by commercial bulk purchasing, automated purchasing software, proxy purchasing, coordinated purchasing groups, and other unfair market practices.
(d) Promote fair competition among manufacturers, distributors, retailers, and consumers.
(e) Protect legitimate Local Game Stores while preventing abuse of retailer exceptions.
(f) Promote transparency throughout the trading card marketplace.
(g) Deter commercial market manipulation while preserving lawful collecting and hobby activities.
⸻
SECTION 3. LEGISLATIVE FINDINGS.
The Legislature finds that:
(a) Newly released trading card products are frequently unavailable to consumers because of organized commercial resale activity.
(b) Artificial shortages increase prices beyond reasonable retail value and reduce consumer confidence.
(c) Commercial scalping disproportionately harms children, families, collectors, and organized play communities.
(d) Automated purchasing software, coordinated purchasing groups, proxy buyers, and inventory diversion undermine fair access.
(e) Consumer protection measures are necessary to preserve fair competition while allowing lawful commerce.
(f) This Act is intended to regulate unfair commercial practices and shall not be interpreted as prohibiting lawful collecting, ownership, trading, or resale after the Restricted Period.
⸻
SECTION 4. DEFINITIONS.
For purposes of this Act:
(a) Trading Card Product means any sealed retail product manufactured for Pokémon, Magic: The Gathering, Disney Lorcana, Yu-Gi-Oh!, One Piece Card Game, sports trading cards, or any other collectible trading card game or collectible trading card product.
(b) Manufacturer’s Suggested Retail Price (MSRP) means the retail price established by the manufacturer upon the initial retail release of a product.
(c) Restricted Period means the first twelve (12) months following the official retail release date of a covered product.
(d) Commercial Reseller means any person or business that engages in a pattern of purchasing newly released trading card products for commercial resale for profit. Evidence of such activity may include repeated high-volume purchases, repeated resale of newly released products, coordinated purchasing, inventory acquisition inconsistent with ordinary personal collecting, or other documented commercial conduct.
(e) Authorized Retailer means a retailer approved by the manufacturer or its authorized distributor to sell newly released trading card products.
(f) Local Game Store means a physical brick-and-mortar hobby retailer primarily engaged in the sale of trading card games and related hobby products and that regularly hosts organized play, tournaments, leagues, or community gaming events.
(g) Sealed Product means any unopened trading card product in the manufacturer’s original packaging.
(h) Derived Product means unopened booster packs, promotional packs, or other unopened contents removed from a sealed retail product.
(i) Commercial Scalping means purchasing, obtaining, advertising, listing, offering for sale, or selling covered products in violation of this Act.
(j) Proxy Purchasing means purchasing or attempting to purchase covered products on behalf of another person for the purpose of circumventing retailer purchase limits or the provisions of this Act.
(k) Automated Purchasing Technology means bots, scripts, automated checkout software, artificial intelligence systems, or similar technology designed to obtain purchasing priority over ordinary consumers.
⸻
SECTION 5. MSRP PROTECTION.
(a) During the Restricted Period, no Commercial Reseller shall advertise, list, offer for sale, or sell any covered Sealed Product or Derived Product at a price exceeding the Manufacturer’s Suggested Retail Price or the proportional MSRP applicable to that product, except as expressly authorized by this Act.
(b) Upon expiration of the Restricted Period, products may be sold at any mutually agreed market price.
(c) Promotional discounts and sales below MSRP shall remain lawful.
(d) Individual trading cards removed from sealed products may be sold at market value, provided such sales are not part of a scheme intended to circumvent this Act.
⸻
SECTION 6. AUTHORIZED LOCAL GAME STORE EXCEPTION.
(a) An Authorized Local Game Store may charge a retailer premium to offset legitimate operating expenses including rent, utilities, payroll, tournament support, insurance, and community events.
(b) During the Restricted Period, such premium shall not exceed the greater of:
Twenty Dollars ($20.00); or
Ten percent (10%) of the MSRP;
provided that the retailer premium shall not exceed Forty Dollars ($40.00) per sealed product.
(c) Every Local Game Store utilizing this exception shall clearly display:
The MSRP;
The retailer premium; and
The final selling price.
(d) A Local Game Store shall qualify for this exception only if it:
Purchases inventory directly from authorized manufacturers or authorized distributors;
Maintains invoices, purchase records, and inventory records for not less than five (5) years;
Makes such records available during lawful investigations conducted under this Act;
Does not knowingly obtain newly released inventory from another retail establishment in violation of this Act; and
Complies with all other provisions of this Act.
(e) Any Local Game Store found to have intentionally violated this Section shall lose eligibility for the retailer premium exception for a period of not less than two (2) years following a final determination of liability.
——————
SECTION 7. PROHIBITED COMMERCIAL SCALPING PRACTICES.
(a) During the Restricted Period, no Commercial Reseller shall knowingly:
Purchase Trading Card Products primarily for commercial resale in violation of this Act.
Purchase quantities of Trading Card Products for the purpose of creating, contributing to, or maintaining an artificial shortage.
Use, organize, compensate, or direct Proxy Purchasers, coordinated buying groups, multiple online accounts, or similar arrangements to evade retailer purchase limits.
Purchase Trading Card Products using false identities, fraudulent accounts, or misleading information.
Advertise, list, offer for sale, or otherwise market products in violation of this Act.
Encourage, direct, finance, or assist another person in violating any provision of this Act.
Knowingly participate in any coordinated effort intended to manipulate the retail or secondary market for newly released Trading Card Products.
(b) A documented pattern of repeated high-volume purchases followed by repeated resale during the Restricted Period may be considered evidence of Commercial Scalping.
(c) No person shall knowingly compensate another individual to purchase products on their behalf for the purpose of circumventing this Act.
⸻
SECTION 8. AUTOMATED PURCHASING AND PURCHASE LIMIT CIRCUMVENTION.
(a) No person shall use or attempt to use Automated Purchasing Technology to purchase or reserve newly released Trading Card Products.
(b) No person shall knowingly develop, distribute, sell, lease, or provide Automated Purchasing Technology intended to violate this Act.
(c) No person shall intentionally evade retailer purchase limits through:
Multiple customer accounts.
Multiple payment accounts.
Multiple shipping addresses under common control.
Proxy Purchasers.
Automated checkout systems.
Coordinated purchasing groups.
Any substantially similar method.
(d) Retailers may establish reasonable verification procedures to enforce purchase limits and prevent violations of this Act.
(e) Any products obtained through prohibited purchasing methods shall remain subject to all provisions of this Act.
⸻
SECTION 9. ANTI-CIRCUMVENTION.
(a) No person shall evade the provisions of this Act by:
Opening booster boxes.
Opening Elite Trainer Boxes.
Opening booster bundles.
Opening collector boxes.
Opening premium collections.
Opening gift collections.
Opening tins.
Opening starter products.
Opening any sealed Trading Card Product for the purpose of separately selling unopened booster packs, promotional packs, or other unopened contents at prices exceeding the proportional MSRP during the Restricted Period.
(b) No person shall separate, divide, bundle, combine, relabel, repackage, alter, or otherwise modify any Trading Card Product for the purpose of avoiding the pricing restrictions established by this Act.
(c) No person shall advertise or represent products in a misleading manner intended to conceal the original retail configuration or release date.
(d) Any economically equivalent method intended to circumvent this Act shall constitute a violation regardless of the method employed.
(e) A repeated pattern of circumvention shall constitute evidence of intentional Commercial Scalping.
⸻
SECTION 10. PROHIBITION ON RETAIL INVENTORY DIVERSION.
(a) No Authorized Retailer, Local Game Store, Commercial Reseller, or other business entity shall knowingly purchase newly released Trading Card Products from another retail establishment for the primary purpose of resale during the Restricted Period.
(b) No Authorized Retailer or Local Game Store shall intentionally purchase, reserve, or otherwise acquire the available inventory of another retailer for the purpose of:
Reselling such inventory at its own business.
Creating or contributing to an artificial shortage.
Circumventing authorized manufacturer or distributor allocation systems.
Increasing retail or secondary market prices.
Preventing ordinary consumers from purchasing products at normal retail locations.
(c) Every Authorized Retailer and Local Game Store shall maintain invoices, distributor purchase records, inventory records, and transfer records for all newly released Trading Card Products for a minimum of five (5) years.
(d) Upon lawful request by the enforcing authority, such records shall be made available for inspection.
(e) A violation of this Section shall result in:
A civil fine of not less than $10,000 for a first violation.
A civil fine of not less than $25,000 for a second violation.
A civil fine of not less than $75,000 for a third or subsequent violation.
Suspension of eligibility for any retailer premium authorized under this Act for a period of not less than two (2) years.
Suspension or revocation of any applicable state business license where authorized by law.
(f) This Section shall not prohibit:
Manufacturer-authorized inventory reallocations.
Inventory transfers between businesses under common ownership.
Court-approved liquidation sales.
Other lawful commercial transactions not intended to evade this Act.
⸻
SECTION 11. ONLINE MARKETPLACE SALES AND MANUFACTURER RESPONSIBILITIES.
(a) Every Commercial Reseller offering Trading Card Products through an online marketplace shall comply with all provisions of this Act.
(b) Commercial Resellers shall accurately disclose, when required by applicable law:
The product’s original retail configuration.
Whether the product has been opened or altered.
The official retail release date.
(c) No Commercial Reseller shall knowingly misrepresent the origin, condition, MSRP, release date, or retail configuration of any Trading Card Product.
(d) Manufacturers and authorized distributors shall maintain reasonable records of product allocations and authorized retail distribution and shall cooperate with lawful investigations conducted under this Act.
(e) Manufacturers selling products directly to consumers shall implement commercially reasonable measures to deter automated purchasing technology and other large-scale purchasing abuses.
(f) Online marketplaces shall comply with lawful court orders and other legal obligations concerning listings determined by a court or appropriate governmental authority to violate this Act.
(g) The Attorney General or designated Consumer Protection Agency may enter into cooperative agreements with manufacturers, distributors, retailers, and online marketplaces for the purpose of identifying organized commercial scalping operations and improving enforcement of this Act.
———
SECTION 12. ENFORCEMENT.
(a) The Attorney General or designated State Consumer Protection Agency shall administer and enforce this Act.
(b) The enforcing authority may:
Receive and investigate complaints.
Conduct inspections and investigations as authorized by law.
Issue subpoenas where authorized by law.
Seek injunctions to prevent continuing violations.
Seek restitution for consumers where authorized by law.
Recover civil penalties established under this Act.
Coordinate investigations with manufacturers, distributors, retailers, online marketplaces, and other state or federal agencies.
(c) A special Trading Card Consumer Protection Fund is hereby established. All civil penalties collected under this Act shall be deposited into the Fund and used solely for:
Enforcement of this Act.
Consumer education.
Investigation of organized commercial scalping.
Anti-bot enforcement.
Administrative costs associated with this Act.
⸻
SECTION 13. CIVIL PENALTIES.
(a) Unless otherwise provided by this Act, a Commercial Reseller, Authorized Retailer, Local Game Store, or other business entity violating this Act shall be subject to:
First violation:
Civil fine of not less than $5,000.
Second violation:
Civil fine of not less than $15,000.
Third or subsequent violation:
Civil fine of not less than $50,000.
(b) In addition to civil penalties, a court may order:
Restitution to affected consumers.
Temporary or permanent injunctions.
Suspension or revocation of any applicable state business license where authorized by law.
Forfeiture of profits obtained through violations of this Act where authorized by law.
(c) Each unlawful commercial transaction shall constitute a separate violation.
⸻
SECTION 14. FRAUD, ORGANIZED SCALPING, AND CRIMINAL OFFENSES.
(a) Any person who knowingly engages in organized commercial scalping involving fraud, identity theft, stolen payment information, counterfeit credentials, automated bot networks, or other criminal conduct shall remain subject to all applicable federal and state criminal laws.
(b) Nothing contained within this Act shall limit prosecution under existing laws concerning:
Fraud.
Identity theft.
Computer crime.
Counterfeiting.
Forgery.
Tax evasion.
Organized criminal activity.
(c) Civil penalties imposed under this Act shall be in addition to any criminal penalties authorized under other applicable laws.
⸻
SECTION 15. CONSUMER COMPLAINTS AND PRIVATE ENFORCEMENT.
(a) The Attorney General or designated Consumer Protection Agency shall establish a public process for receiving complaints concerning violations of this Act.
(b) Consumers, retailers, manufacturers, distributors, and online marketplaces may submit evidence of suspected violations.
(c) The enforcing authority shall review complaints and investigate where appropriate.
(d) Nothing in this Act shall limit any rights or remedies otherwise available under applicable consumer protection laws.
⸻
SECTION 16. DATA REPORTING AND LEGISLATIVE REVIEW.
(a) The enforcing authority shall prepare an annual public report summarizing:
The number of complaints received.
Investigations initiated.
Civil penalties imposed.
Trends in product availability.
Trends in secondary market pricing.
Recommendations for improving enforcement.
(b) Manufacturers and authorized distributors may voluntarily provide aggregate sales and allocation data to assist with enforcement and market analysis, consistent with applicable law.
(c) Five (5) years after the effective date of this Act, the Legislature shall review its effectiveness and determine whether amendments are necessary to address evolving market practices or newly identified methods of circumvention.
⸻
SECTION 17. RULEMAKING AUTHORITY.
The Attorney General or designated Consumer Protection Agency may adopt reasonable rules and regulations necessary to implement and administer this Act, provided such rules remain consistent with the purposes and provisions of this Act.
⸻
SECTION 18. SEVERABILITY.
If any provision of this Act, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, the remaining provisions and their application shall remain in full force and effect to the fullest extent permitted by law.
⸻
SECTION 19. EFFECTIVE DATE.
This Act shall take effect one (1) year after enactment.
⸻
SECTION 20. LEGISLATIVE INTENT.
The Legislature declares that this Act shall be interpreted to:
Promote fair consumer access to newly released trading card products.
Reduce commercial scalping and artificial shortages.
Protect children, families, collectors, hobbyists, and organized play communities.
Protect legitimate Authorized Retailers and Local Game Stores operating in good faith.
Encourage transparency and fair competition throughout the trading card marketplace.
Preserve lawful collecting, trading, and ownership of trading card products.
Discourage commercial market manipulation while supporting a healthy and competitive trading card industry.
Ensure that enforcement of this Act remains focused on unfair commercial conduct rather than ordinary consumer collecting.
END OF MODEL
18
The Issue
Scalping and reselling have turned the world of trading card hobbies upside down, hitting hard where it hurts the most—our families and children. This issue resonates deeply with countless enthusiasts who have been forced out of the communities they love. It is increasingly impossible to find trading card products at reasonable prices. Families are left disheartened, unable to share the joy of collecting and trading that they once cherished.
The trading card market in the United States has faced unprecedented exploitation due to scalpers who hoard popular cards only to resell them at exorbitant prices. This unchecked practice has not only inflated prices but also created barriers for young collectors and families who wish to partake in this beloved hobby. According to a report by [reputable source], the trading card market has seen a [X]% increase in prices due to scalping practices, pushing many away from joining or continuing in these communities.
The Trading Card Fair Access and Anti-Scalping Act of 2026 proposes to introduce stringent measures to curb these heinous practices. By limiting bulk purchases that feed scalpers, imposing fair price regulations, and enhancing transparency in sales, we can restore the balance in the trading card communities across the nation.
Implementing these measures will not only ensure fair access to products but will also revitalize interest and participation in trading card hobbies. It will enable children and families to enjoy collecting once more without financial strain.
Let us unite to protect our hobbies and ensure that trading card collecting remains an accessible and enjoyable activity for all. We urge lawmakers to consider the Trading Card Fair Access and Anti-Scalping Act of 2026 and put an end to unfair and exploitative practices.
Sign this petition to demand fair access and preserve the joy of collecting for future generations. Together, we can make a difference and safeguard our beloved hobby. Below is what the bill could look like
TRADING CARD FAIR ACCESS AND ANTI-SCALPING ACT OF 2026
PART I
SECTION 1. SHORT TITLE.
This Act shall be known and may be cited as the Trading Card Fair Access and Anti-Scalping Act of 2026.
⸻
SECTION 2. PURPOSE.
The purpose of this Act is to:
(a) Protect consumers from unfair commercial scalping of newly released trading card products.
(b) Ensure fair and equal access to newly released trading card products for children, families, collectors, hobbyists, and players.
(c) Prevent artificial shortages caused by commercial resale, automated purchasing software, coordinated purchasing, and other unfair market practices.
(d) Promote fair competition among retailers.
(e) Protect authorized local game stores while preventing unfair resale practices that inflate prices and reduce product availability.
(f) Encourage transparency throughout the trading card marketplace.
⸻
SECTION 3. LEGISLATIVE FINDINGS.
The Legislature finds the following:
(a) Newly released trading card products have increasingly become unavailable to ordinary consumers because of commercial scalping.
(b) Commercial scalping creates artificial shortages, inflates prices, and undermines consumer confidence.
(c) Automated purchasing software, purchasing bots, coordinated purchasing groups, and proxy purchasers create unfair advantages over ordinary consumers.
(d) Children, families, schools, and local gaming communities are harmed when products become unavailable immediately after release.
(e) Consumer protection measures are necessary to preserve fair access while allowing lawful collecting and legitimate retail commerce.
⸻
SECTION 4. DEFINITIONS.
For purposes of this Act:
(a) Trading Card Product means any sealed retail product manufactured for Pokémon, Magic: The Gathering, Disney Lorcana, Yu-Gi-Oh!, One Piece Card Game, sports trading cards, or any other collectible trading card game or collectible trading card product.
(b) Manufacturer’s Suggested Retail Price (MSRP) means the retail price published by the manufacturer at the time of release.
(c) Restricted Period means the first twelve (12) months following the official retail release date of a product.
(d) Commercial Reseller means any individual, partnership, corporation, limited liability company, or other business entity engaged primarily in purchasing trading card products for resale for profit.
(e) Authorized Retailer means a retailer recognized by the manufacturer or its authorized distributor to sell newly released trading card products.
(f) Local Game Store means a physical brick-and-mortar hobby retailer primarily engaged in the sale of trading card games and related hobby products and that regularly hosts organized play, tournaments, leagues, or community gaming events.
(g) Sealed Product means any unopened trading card product in its original manufacturer packaging.
(h) Commercial Scalping means knowingly purchasing, obtaining, or offering newly released trading card products for resale in violation of the provisions of this Act.
⸻
SECTION 5. MSRP PROTECTION.
(a) During the Restricted Period, no Commercial Reseller shall sell, advertise, or offer for sale any covered Sealed Product at a price exceeding the Manufacturer’s Suggested Retail Price (MSRP), except as otherwise authorized by this Act.
(b) Upon expiration of the Restricted Period, covered products may be sold at any mutually agreed market price.
(c) Individual trading cards removed from sealed products are exempt from this section except where otherwise provided under the Anti-Circumvention provisions of this Act.
(d) Nothing in this section prohibits manufacturers or authorized retailers from selling products below MSRP.
⸻
SECTION 6. AUTHORIZED LOCAL GAME STORE EXCEPTION.
(a) An Authorized Local Game Store may charge a reasonable retailer premium to offset operating costs, staffing, rent, utilities, tournament support, and other business expenses.
(b) During the Restricted Period, the retailer premium shall not exceed the greater of:
Twenty Dollars ($20.00); or
Ten percent (10%) of the MSRP;
provided that no retailer premium shall exceed Forty Dollars ($40.00) on any individual sealed product.
(c) Every Authorized Local Game Store utilizing this exception shall clearly display:
The MSRP;
The retailer premium; and
The final selling price.
(d) This exception applies only to inventory obtained directly through authorized distributors or manufacturers and shall not apply to inventory obtained from retail stores, secondary markets, auctions, or unauthorized sources.
(e) Nothing in this section shall authorize commercial scalping, market manipulation, artificial shortages, bot-assisted purchasing, inventory diversion, or any conduct otherwise prohibited by this Act. TRADING CARD FAIR ACCESS AND ANTI-SCALPING ACT OF 2026
PART II
SECTION 7. PROHIBITED COMMERCIAL SCALPING PRACTICES.
(a) During the Restricted Period, no Commercial Reseller shall knowingly:
Purchase trading card products primarily for resale at prices prohibited by this Act.
Purchase quantities of trading card products with the intent to create an artificial shortage.
Use or employ proxy purchasers, coordinated buying groups, or similar arrangements to evade retailer purchase limits.
Advertise or offer products for sale in violation of this Act.
Assist, direct, encourage, or compensate another person to violate this Act.
(b) No Commercial Reseller shall knowingly manipulate the market availability or market price of newly released trading card products.
⸻
SECTION 8. PROHIBITION OF AUTOMATED PURCHASING.
(a) No person shall use automated software, bots, scripts, artificial intelligence, automated checkout software, or similar technology to purchase or reserve newly released trading card products before ordinary consumers have a reasonable opportunity to purchase such products.
(b) No person shall knowingly sell, distribute, lease, or provide automated software intended to violate this Act.
(c) Any products obtained through prohibited automated purchasing methods shall remain subject to all provisions of this Act.
⸻
SECTION 9. ANTI-CIRCUMVENTION.
(a) No Commercial Reseller shall evade the pricing restrictions established by this Act by:
Opening booster boxes.
Opening Elite Trainer Boxes.
Opening booster bundles.
Opening collector boxes.
Opening gift collections.
Opening tins.
Opening starter products.
Opening any sealed retail product for the purpose of separately selling unopened booster packs, promotional packs, or other unopened contents at prices exceeding the proportional MSRP during the Restricted Period.
(b) No Commercial Reseller shall separate, divide, bundle, repackage, relabel, or otherwise alter a product for the purpose of avoiding the provisions of this Act.
(c) Any commercial practice whose primary purpose is to avoid the requirements of this Act shall constitute a violation regardless of the method employed.
(d) Repeated conduct demonstrating a pattern of circumvention may be considered evidence of intentional commercial scalping.
⸻
SECTION 10. PROHIBITION ON RETAIL INVENTORY DIVERSION.
(a) No Commercial Reseller, Authorized Retailer, or Local Game Store shall knowingly purchase newly released trading card products from another retail establishment for the primary purpose of resale during the Restricted Period.
(b) No Commercial Reseller, Authorized Retailer, or Local Game Store shall intentionally purchase the available inventory of another retailer for the purpose of:
Creating or contributing to an artificial shortage.
Circumventing authorized wholesale distribution channels.
Increasing resale prices.
Preventing ordinary consumers from purchasing products at retail.
Obtaining an unfair commercial advantage.
(c) A Local Game Store or Authorized Retailer found to have intentionally purchased inventory from major retailers or other retail establishments in violation of this Section shall be subject to:
A civil fine of not less than Ten Thousand Dollars ($10,000) for a first violation.
A civil fine of not less than Twenty-Five Thousand Dollars ($25,000) for a second violation.
A civil fine of not less than Seventy-Five Thousand Dollars ($75,000), together with suspension or revocation of any applicable state business license, where authorized by law, for a third or subsequent violation.
(d) Inventory acquired in violation of this Section shall remain subject to all pricing restrictions and anti-circumvention provisions established by this Act.
(e) This Section shall not prohibit:
Inventory transfers between businesses under common ownership.
Manufacturer-authorized inventory reallocations.
Court-ordered liquidation or bankruptcy sales.
Other lawful commercial transactions not intended to evade the provisions of this Act.
⸻
SECTION 11. ONLINE MARKETPLACE SALES.
(a) Every Commercial Reseller offering trading card products through an online marketplace shall comply with all provisions of this Act.
(b) Commercial Resellers shall accurately disclose, when required by applicable law, the product’s release date, condition, and whether the product is sealed or has been separated from another retail product.
(c) A Commercial Reseller shall not knowingly misrepresent the origin, release date, MSRP, or retail configuration of any product for the purpose of avoiding enforcement under this Act.
(d) Online marketplaces shall comply with lawful court orders and other legal obligations concerning listings determined to violate this Act, in accordance with applicable federal and state law. TRADING CARD FAIR ACCESS AND ANTI-SCALPING ACT OF 2026
PART III
SECTION 12. ENFORCEMENT.
(a) The Attorney General, or such State Consumer Protection Agency as may be designated by law, shall have authority to administer and enforce this Act.
(b) The enforcing authority may:
Receive and investigate complaints alleging violations of this Act.
Issue subpoenas where authorized by law.
Conduct investigations into alleged violations.
Seek injunctions to prevent continuing violations.
Seek restitution for consumers where authorized by applicable law.
Assess civil penalties as provided by this Act.
(c) The enforcing authority may cooperate with manufacturers, distributors, authorized retailers, local game stores, online marketplaces, and other governmental agencies to investigate suspected commercial scalping and market manipulation.
⸻
SECTION 13. CIVIL PENALTIES.
(a) A Commercial Reseller, Authorized Retailer, or Local Game Store found to have violated this Act shall be subject to the following civil penalties:
First violation:
A civil fine of not less than Five Thousand Dollars ($5,000).
Second violation:
A civil fine of not less than Fifteen Thousand Dollars ($15,000).
Third or subsequent violation:
A civil fine of not less than Fifty Thousand Dollars ($50,000).
(b) In addition to any civil penalty, a court of competent jurisdiction may order:
Restitution to consumers harmed by violations of this Act, where authorized by law.
Temporary or permanent injunctive relief.
Suspension or revocation of any applicable business license where authorized under existing state law.
(c) Each separate commercial transaction found to violate this Act may constitute a separate violation, subject to applicable constitutional and procedural protections.
⸻
SECTION 14. FRAUD AND RELATED OFFENSES.
(a) Nothing in this Act shall limit the enforcement of existing federal or state laws concerning:
Fraud.
Identity theft.
Computer crime.
Counterfeiting.
Forgery.
Tax evasion.
Organized criminal activity.
(b) Any person who knowingly employs fraudulent means, including stolen identities, automated bot networks, counterfeit payment methods, or similar deceptive practices in connection with violations of this Act may be prosecuted under applicable criminal statutes in addition to any civil penalties imposed under this Act.
⸻
SECTION 15. CONSUMER RIGHTS.
(a) Nothing contained within this Act shall diminish any rights or remedies otherwise available to consumers under applicable consumer protection laws.
(b) Consumers may submit complaints concerning alleged violations of this Act to the appropriate state or federal enforcement agency.
(c) The enforcing authority shall maintain a public process for receiving, reviewing, and investigating complaints.
⸻
SECTION 16. RULEMAKING AUTHORITY.
The Attorney General or designated Consumer Protection Agency may adopt reasonable rules and regulations necessary to implement and administer this Act, provided such rules remain consistent with the purposes and provisions of this Act.
⸻
SECTION 17. SEVERABILITY.
If any provision of this Act, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, the remaining provisions and their application shall remain in full force and effect to the fullest extent permitted by law.
⸻
SECTION 18. EFFECTIVE DATE.
This Act shall take effect one (1) year after enactment.
⸻
SECTION 19. LEGISLATIVE INTENT.
The Legislature declares that this Act shall be interpreted to:
Promote fair consumer access to newly released trading card products.
Discourage commercial scalping and artificial shortages.
Protect legitimate retail businesses and authorized Local Game Stores operating in good faith.
Promote fair competition throughout the trading card marketplace.
Encourage transparency in pricing and product availability.
Preserve the rights of consumers to collect, own, trade, and enjoy trading card products in accordance with applicable law.
Prevent commercial market manipulation while recognizing lawful business operations and legitimate collecting activities.
END OF MODEL ACT
It has been brought to my attention that their is some loopholes in the act now this is just what the act could be however if we where to close the loopholes it would look something like this
TRADING CARD FAIR ACCESS AND ANTI-SCALPING ACT OF 2026
SECTION 1. SHORT TITLE.
This Act shall be known and may be cited as the Trading Card Fair Access and Anti-Scalping Act of 2026.
⸻
SECTION 2. PURPOSE.
The purposes of this Act are to:
(a) Protect consumers from unfair commercial scalping of newly released trading card products.
(b) Ensure fair and reasonable access to newly released trading card products for children, families, collectors, hobbyists, players, schools, and local communities.
(c) Prevent artificial shortages caused by commercial bulk purchasing, automated purchasing software, proxy purchasing, coordinated purchasing groups, and other unfair market practices.
(d) Promote fair competition among manufacturers, distributors, retailers, and consumers.
(e) Protect legitimate Local Game Stores while preventing abuse of retailer exceptions.
(f) Promote transparency throughout the trading card marketplace.
(g) Deter commercial market manipulation while preserving lawful collecting and hobby activities.
⸻
SECTION 3. LEGISLATIVE FINDINGS.
The Legislature finds that:
(a) Newly released trading card products are frequently unavailable to consumers because of organized commercial resale activity.
(b) Artificial shortages increase prices beyond reasonable retail value and reduce consumer confidence.
(c) Commercial scalping disproportionately harms children, families, collectors, and organized play communities.
(d) Automated purchasing software, coordinated purchasing groups, proxy buyers, and inventory diversion undermine fair access.
(e) Consumer protection measures are necessary to preserve fair competition while allowing lawful commerce.
(f) This Act is intended to regulate unfair commercial practices and shall not be interpreted as prohibiting lawful collecting, ownership, trading, or resale after the Restricted Period.
⸻
SECTION 4. DEFINITIONS.
For purposes of this Act:
(a) Trading Card Product means any sealed retail product manufactured for Pokémon, Magic: The Gathering, Disney Lorcana, Yu-Gi-Oh!, One Piece Card Game, sports trading cards, or any other collectible trading card game or collectible trading card product.
(b) Manufacturer’s Suggested Retail Price (MSRP) means the retail price established by the manufacturer upon the initial retail release of a product.
(c) Restricted Period means the first twelve (12) months following the official retail release date of a covered product.
(d) Commercial Reseller means any person or business that engages in a pattern of purchasing newly released trading card products for commercial resale for profit. Evidence of such activity may include repeated high-volume purchases, repeated resale of newly released products, coordinated purchasing, inventory acquisition inconsistent with ordinary personal collecting, or other documented commercial conduct.
(e) Authorized Retailer means a retailer approved by the manufacturer or its authorized distributor to sell newly released trading card products.
(f) Local Game Store means a physical brick-and-mortar hobby retailer primarily engaged in the sale of trading card games and related hobby products and that regularly hosts organized play, tournaments, leagues, or community gaming events.
(g) Sealed Product means any unopened trading card product in the manufacturer’s original packaging.
(h) Derived Product means unopened booster packs, promotional packs, or other unopened contents removed from a sealed retail product.
(i) Commercial Scalping means purchasing, obtaining, advertising, listing, offering for sale, or selling covered products in violation of this Act.
(j) Proxy Purchasing means purchasing or attempting to purchase covered products on behalf of another person for the purpose of circumventing retailer purchase limits or the provisions of this Act.
(k) Automated Purchasing Technology means bots, scripts, automated checkout software, artificial intelligence systems, or similar technology designed to obtain purchasing priority over ordinary consumers.
⸻
SECTION 5. MSRP PROTECTION.
(a) During the Restricted Period, no Commercial Reseller shall advertise, list, offer for sale, or sell any covered Sealed Product or Derived Product at a price exceeding the Manufacturer’s Suggested Retail Price or the proportional MSRP applicable to that product, except as expressly authorized by this Act.
(b) Upon expiration of the Restricted Period, products may be sold at any mutually agreed market price.
(c) Promotional discounts and sales below MSRP shall remain lawful.
(d) Individual trading cards removed from sealed products may be sold at market value, provided such sales are not part of a scheme intended to circumvent this Act.
⸻
SECTION 6. AUTHORIZED LOCAL GAME STORE EXCEPTION.
(a) An Authorized Local Game Store may charge a retailer premium to offset legitimate operating expenses including rent, utilities, payroll, tournament support, insurance, and community events.
(b) During the Restricted Period, such premium shall not exceed the greater of:
Twenty Dollars ($20.00); or
Ten percent (10%) of the MSRP;
provided that the retailer premium shall not exceed Forty Dollars ($40.00) per sealed product.
(c) Every Local Game Store utilizing this exception shall clearly display:
The MSRP;
The retailer premium; and
The final selling price.
(d) A Local Game Store shall qualify for this exception only if it:
Purchases inventory directly from authorized manufacturers or authorized distributors;
Maintains invoices, purchase records, and inventory records for not less than five (5) years;
Makes such records available during lawful investigations conducted under this Act;
Does not knowingly obtain newly released inventory from another retail establishment in violation of this Act; and
Complies with all other provisions of this Act.
(e) Any Local Game Store found to have intentionally violated this Section shall lose eligibility for the retailer premium exception for a period of not less than two (2) years following a final determination of liability.
——————
SECTION 7. PROHIBITED COMMERCIAL SCALPING PRACTICES.
(a) During the Restricted Period, no Commercial Reseller shall knowingly:
Purchase Trading Card Products primarily for commercial resale in violation of this Act.
Purchase quantities of Trading Card Products for the purpose of creating, contributing to, or maintaining an artificial shortage.
Use, organize, compensate, or direct Proxy Purchasers, coordinated buying groups, multiple online accounts, or similar arrangements to evade retailer purchase limits.
Purchase Trading Card Products using false identities, fraudulent accounts, or misleading information.
Advertise, list, offer for sale, or otherwise market products in violation of this Act.
Encourage, direct, finance, or assist another person in violating any provision of this Act.
Knowingly participate in any coordinated effort intended to manipulate the retail or secondary market for newly released Trading Card Products.
(b) A documented pattern of repeated high-volume purchases followed by repeated resale during the Restricted Period may be considered evidence of Commercial Scalping.
(c) No person shall knowingly compensate another individual to purchase products on their behalf for the purpose of circumventing this Act.
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SECTION 8. AUTOMATED PURCHASING AND PURCHASE LIMIT CIRCUMVENTION.
(a) No person shall use or attempt to use Automated Purchasing Technology to purchase or reserve newly released Trading Card Products.
(b) No person shall knowingly develop, distribute, sell, lease, or provide Automated Purchasing Technology intended to violate this Act.
(c) No person shall intentionally evade retailer purchase limits through:
Multiple customer accounts.
Multiple payment accounts.
Multiple shipping addresses under common control.
Proxy Purchasers.
Automated checkout systems.
Coordinated purchasing groups.
Any substantially similar method.
(d) Retailers may establish reasonable verification procedures to enforce purchase limits and prevent violations of this Act.
(e) Any products obtained through prohibited purchasing methods shall remain subject to all provisions of this Act.
⸻
SECTION 9. ANTI-CIRCUMVENTION.
(a) No person shall evade the provisions of this Act by:
Opening booster boxes.
Opening Elite Trainer Boxes.
Opening booster bundles.
Opening collector boxes.
Opening premium collections.
Opening gift collections.
Opening tins.
Opening starter products.
Opening any sealed Trading Card Product for the purpose of separately selling unopened booster packs, promotional packs, or other unopened contents at prices exceeding the proportional MSRP during the Restricted Period.
(b) No person shall separate, divide, bundle, combine, relabel, repackage, alter, or otherwise modify any Trading Card Product for the purpose of avoiding the pricing restrictions established by this Act.
(c) No person shall advertise or represent products in a misleading manner intended to conceal the original retail configuration or release date.
(d) Any economically equivalent method intended to circumvent this Act shall constitute a violation regardless of the method employed.
(e) A repeated pattern of circumvention shall constitute evidence of intentional Commercial Scalping.
⸻
SECTION 10. PROHIBITION ON RETAIL INVENTORY DIVERSION.
(a) No Authorized Retailer, Local Game Store, Commercial Reseller, or other business entity shall knowingly purchase newly released Trading Card Products from another retail establishment for the primary purpose of resale during the Restricted Period.
(b) No Authorized Retailer or Local Game Store shall intentionally purchase, reserve, or otherwise acquire the available inventory of another retailer for the purpose of:
Reselling such inventory at its own business.
Creating or contributing to an artificial shortage.
Circumventing authorized manufacturer or distributor allocation systems.
Increasing retail or secondary market prices.
Preventing ordinary consumers from purchasing products at normal retail locations.
(c) Every Authorized Retailer and Local Game Store shall maintain invoices, distributor purchase records, inventory records, and transfer records for all newly released Trading Card Products for a minimum of five (5) years.
(d) Upon lawful request by the enforcing authority, such records shall be made available for inspection.
(e) A violation of this Section shall result in:
A civil fine of not less than $10,000 for a first violation.
A civil fine of not less than $25,000 for a second violation.
A civil fine of not less than $75,000 for a third or subsequent violation.
Suspension of eligibility for any retailer premium authorized under this Act for a period of not less than two (2) years.
Suspension or revocation of any applicable state business license where authorized by law.
(f) This Section shall not prohibit:
Manufacturer-authorized inventory reallocations.
Inventory transfers between businesses under common ownership.
Court-approved liquidation sales.
Other lawful commercial transactions not intended to evade this Act.
⸻
SECTION 11. ONLINE MARKETPLACE SALES AND MANUFACTURER RESPONSIBILITIES.
(a) Every Commercial Reseller offering Trading Card Products through an online marketplace shall comply with all provisions of this Act.
(b) Commercial Resellers shall accurately disclose, when required by applicable law:
The product’s original retail configuration.
Whether the product has been opened or altered.
The official retail release date.
(c) No Commercial Reseller shall knowingly misrepresent the origin, condition, MSRP, release date, or retail configuration of any Trading Card Product.
(d) Manufacturers and authorized distributors shall maintain reasonable records of product allocations and authorized retail distribution and shall cooperate with lawful investigations conducted under this Act.
(e) Manufacturers selling products directly to consumers shall implement commercially reasonable measures to deter automated purchasing technology and other large-scale purchasing abuses.
(f) Online marketplaces shall comply with lawful court orders and other legal obligations concerning listings determined by a court or appropriate governmental authority to violate this Act.
(g) The Attorney General or designated Consumer Protection Agency may enter into cooperative agreements with manufacturers, distributors, retailers, and online marketplaces for the purpose of identifying organized commercial scalping operations and improving enforcement of this Act.
———
SECTION 12. ENFORCEMENT.
(a) The Attorney General or designated State Consumer Protection Agency shall administer and enforce this Act.
(b) The enforcing authority may:
Receive and investigate complaints.
Conduct inspections and investigations as authorized by law.
Issue subpoenas where authorized by law.
Seek injunctions to prevent continuing violations.
Seek restitution for consumers where authorized by law.
Recover civil penalties established under this Act.
Coordinate investigations with manufacturers, distributors, retailers, online marketplaces, and other state or federal agencies.
(c) A special Trading Card Consumer Protection Fund is hereby established. All civil penalties collected under this Act shall be deposited into the Fund and used solely for:
Enforcement of this Act.
Consumer education.
Investigation of organized commercial scalping.
Anti-bot enforcement.
Administrative costs associated with this Act.
⸻
SECTION 13. CIVIL PENALTIES.
(a) Unless otherwise provided by this Act, a Commercial Reseller, Authorized Retailer, Local Game Store, or other business entity violating this Act shall be subject to:
First violation:
Civil fine of not less than $5,000.
Second violation:
Civil fine of not less than $15,000.
Third or subsequent violation:
Civil fine of not less than $50,000.
(b) In addition to civil penalties, a court may order:
Restitution to affected consumers.
Temporary or permanent injunctions.
Suspension or revocation of any applicable state business license where authorized by law.
Forfeiture of profits obtained through violations of this Act where authorized by law.
(c) Each unlawful commercial transaction shall constitute a separate violation.
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SECTION 14. FRAUD, ORGANIZED SCALPING, AND CRIMINAL OFFENSES.
(a) Any person who knowingly engages in organized commercial scalping involving fraud, identity theft, stolen payment information, counterfeit credentials, automated bot networks, or other criminal conduct shall remain subject to all applicable federal and state criminal laws.
(b) Nothing contained within this Act shall limit prosecution under existing laws concerning:
Fraud.
Identity theft.
Computer crime.
Counterfeiting.
Forgery.
Tax evasion.
Organized criminal activity.
(c) Civil penalties imposed under this Act shall be in addition to any criminal penalties authorized under other applicable laws.
⸻
SECTION 15. CONSUMER COMPLAINTS AND PRIVATE ENFORCEMENT.
(a) The Attorney General or designated Consumer Protection Agency shall establish a public process for receiving complaints concerning violations of this Act.
(b) Consumers, retailers, manufacturers, distributors, and online marketplaces may submit evidence of suspected violations.
(c) The enforcing authority shall review complaints and investigate where appropriate.
(d) Nothing in this Act shall limit any rights or remedies otherwise available under applicable consumer protection laws.
⸻
SECTION 16. DATA REPORTING AND LEGISLATIVE REVIEW.
(a) The enforcing authority shall prepare an annual public report summarizing:
The number of complaints received.
Investigations initiated.
Civil penalties imposed.
Trends in product availability.
Trends in secondary market pricing.
Recommendations for improving enforcement.
(b) Manufacturers and authorized distributors may voluntarily provide aggregate sales and allocation data to assist with enforcement and market analysis, consistent with applicable law.
(c) Five (5) years after the effective date of this Act, the Legislature shall review its effectiveness and determine whether amendments are necessary to address evolving market practices or newly identified methods of circumvention.
⸻
SECTION 17. RULEMAKING AUTHORITY.
The Attorney General or designated Consumer Protection Agency may adopt reasonable rules and regulations necessary to implement and administer this Act, provided such rules remain consistent with the purposes and provisions of this Act.
⸻
SECTION 18. SEVERABILITY.
If any provision of this Act, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, the remaining provisions and their application shall remain in full force and effect to the fullest extent permitted by law.
⸻
SECTION 19. EFFECTIVE DATE.
This Act shall take effect one (1) year after enactment.
⸻
SECTION 20. LEGISLATIVE INTENT.
The Legislature declares that this Act shall be interpreted to:
Promote fair consumer access to newly released trading card products.
Reduce commercial scalping and artificial shortages.
Protect children, families, collectors, hobbyists, and organized play communities.
Protect legitimate Authorized Retailers and Local Game Stores operating in good faith.
Encourage transparency and fair competition throughout the trading card marketplace.
Preserve lawful collecting, trading, and ownership of trading card products.
Discourage commercial market manipulation while supporting a healthy and competitive trading card industry.
Ensure that enforcement of this Act remains focused on unfair commercial conduct rather than ordinary consumer collecting.
END OF MODEL
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Petition created on July 26, 2026