,,ii #aadth ,,congress #ast ,session ,s4 #bdac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ag1 #bjae,mr4 ,menendez introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit unfair or deceptive acts or practices relating to the prices of products and services sold online1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,tallying of the ,actual ,liabilities ,act of #bjae or the ,,total ,act of #bjae4 #b4 ,prohibition on certain unfair or deceptive acts or practices relating to prices of products and services sold online 7a7 ,retailer defined ,in this section1 the term retailer means a person-- 7#a7 over whom the ,federal ,trade ,commission has jurisdiction under section #e7;a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a772 and 7#b7 whose business includes selling products or services4 7b7 ,requirement for price transparency ,a retailer may not sell a product or a service to a person through the use of an ,internet website without presenting the person with the total amount that the retailer expects to collect from the person as part of the transaction of selling the product or service to the person1 including all fees1 taxes1 and shipping and handling charges1 before the person commits to purchasing the product or service4 7c7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive act or practice ,a violation of subsection 7b7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of ,commission 7,a7 ,in general ,the ,federal ,trade ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7,b7 ,privileges and immunities ,any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,rulemaking ,the ,federal ,trade ,commission may promulgate standards and rules to carry out this section in accordance with section #eec of title #e1 ,united ,states ,code4 7d7 ,enforcement by ,states 7#a7 ,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 subject to subsection 7b7 or a standard or rule promulgated under this section in a practice that violates such subsection1 standard1 or rule1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states-- 7,a7 to enjoin further violation of such subsection1 standard1 or rule by such person2 7,b7 to compel compliance with such subsection1 standard1 or rule2 or 7,c7 to obtain such other injunctive relief as the court considers appropriate4 7#b7 ,rights of ,federal ,trade ,commission 7,a7 ,notice to ,federal ,trade ,commission 7i7 ,in general ,except as provided in clause 7iii71 the attorney general of a ,state shall notify the ,federal ,trade ,commission in writing that the attorney general intends to bring a civil action under paragraph 7#a7 before initiating the civil action4 7ii7 ,contents ,the notification required by clause 7i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by clause 7i7 before initiating a civil action under paragraph 7#a71 the attorney general shall notify the ,federal ,trade ,commission immediately upon instituting the civil action4 7,b7 ,intervention by ,federal ,trade ,commission ,the ,federal ,trade ,commission may-- 7i7 intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a72 and 7ii7 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal of a decision in the civil action4 7#c7 ,investigatory powers ,nothing in this subsection 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 investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7#d7 ,preemptive action by ,federal ,trade ,commission ,if the ,federal ,trade ,commission institutes a civil action or an administrative action with respect to a violation of subsection 7b7 or a standard or rule promulgated under this section1 the attorney general of a ,state may not1 during the pendency of such action1 bring a civil action under paragraph 7#a7 against any defendant named in the complaint of the ,commission for the violation with respect to which the ,commission instituted such action4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 another court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7#f7 ,actions by other ,state officials 7,a7 ,in general ,in addition to civil actions brought by attorneys general under paragraph 7#a71 any other officer of a ,state who is authorized by the ,state to do so may bring a civil action under paragraph 7#a71 subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general4 7,b7 ,savings provision ,nothing in this subsection 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 ,state4 7e7 ,rule of construction ,nothing in this section shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4