,,ii #aadth ,,congress #b;d ,session ,s4 #cdjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bg1 #bjaf,mr4 ,daines 7for himself1 ,mr4 ,nelson1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect consumers from deceptive practices with respect to online booking of hotel reservations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,online ,booking ,scams ,act of #bjaf4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,the ,internet has become an important channel of commerce in the ,united ,states1 accounting for billions of dollars in retail sales every year4 7#b7 ,hotel reservation transactions can be easily made online and online commerce has created a marketplace where consumers can shop for hotels1 flights1 car rentals1 and other travel-related services and products across thousands of brands on a single platform4 7#c7 ,consumers should have the utmost clarity as to the company with which such consumers are transacting business online4 7#d7 ,actions by third-party sellers that misappropriate brand identity1 trademark1 or other marketing content are harmful to consumers4 7#e7 ,platforms offered by online travel agencies provide consumers with a valuable tool for comparative shopping for hotels and should not be mistaken for the unlawful third-party actors that commit such misappropriation4 7#f7 ,the misleading and deceptive sales tactics companies use against customers booking hotel rooms online have resulted in the loss of sensitive financial and personal information1 financial harm1 and headache for consumers4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 consumers benefit from the ability to shop for travel-related services and products on the innovative platforms offered by online travel agencies2 7#b7 sellers on the ,internet should provide consumers with clear1 accurate information and such sellers should have an opportunity to compete fairly with one another2 and 7#c7 the ,federal ,trade ,commission should revise the ,internet ,web site of the ,commission to make it easier for consumers and businesses to report complaints of deceptive practices with respect to online booking of hotel reservations4 #c4 ,definitions ,in this ,act3 7#a7 ,affiliation contract ,the term affiliation contract means1 with respect to a hotel1 a contract with the owner of the hotel1 the entity that manages the hotel1 or the franchisor of the hotel to provide online hotel reservation services for the hotel4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,exhibition organizer or meeting planner ,the term exhibition organizer or meeting planner means the person responsible for all aspects of planning1 promoting1 and producing a meeting1 conference1 event1 or exhibition1 including overseeing and arranging all hotel reservation plans and contracts for the meeting1 conference1 event1 or exhibition4 7#d7 ,official housing bureau ,the term official housing bureau means the organization designated by an exhibition organizer or meeting planner to provide hotel reservation services for meetings1 conferences1 events1 or exhibitions4 7#e7 ,party directly affiliated ,the term party directly affiliated means1 with respect to a hotel1 a person who has entered into an affiliation contract with the hotel4 7#f7 ,third party online hotel reservation seller ,the term third party online hotel reservation seller means any person that-- 7,a7 sells any good or service with respect to a hotel in a transaction effected on the ,internet2 and 7,b7 is not-- 7i7 a party directly affiliated with the hotel2 or 7ii7 an exhibition organizer or meeting planner or the official housing bureau for a meeting1 conference1 event1 or exhibition held at the hotel4 #d4 ,requirements for third party online hotel reservation sellers 7a7 ,in general ,it shall be unlawful for a third party online hotel reservation seller to charge or attempt to charge any consumer's credit card1 debit card1 bank account1 or other financial account for any good or service sold in a transaction effected on the ,internet with respect to a hotel unless the third party online hotel reservation seller-- 7#a7 clearly and conspicuously discloses to the consumer all material terms of the transaction1 including-- 7,a7 before the conclusion of the transaction-- 7i7 a description of the good or service being offered2 and 7ii7 the cost of such good or service2 and 7,b7 in a manner that is continuously visible to the consumer throughout the transaction process1 the fact that the person is a third party online hotel reservation seller and is not-- 7i7 affiliated with the person who owns the hotel or provides the hotel services or accommodations2 or 7ii7 an exhibition organizer or meeting planner or the official housing bureau for a meeting1 conference1 event1 or exhibition held at the hotel2 or 7#b7 includes prominent and continuous disclosure of the brand identity of the third party online hotel reservation seller throughout the transaction process1 both online and over the phone4 7b7 ,enforcement by ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of subsection 7a7 by a person subject to such subsection shall be treated 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 7#b7 ,powers of ,commission 7,a7 ,in general ,the ,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 ,act4 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 7i7 ,in general ,the ,commission may promulgate such rules as the ,commission considers appropriate to enforce this section4 7ii7 ,procedures ,the ,commission shall carry out any rulemaking under clause 7i7 in accordance with section #eec of title #e1 ,united ,states ,code4 7c7 ,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 7a7 in a practice that violates such subsection1 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 to obtain appropriate relief4 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 ,commission in writing that the attorney general intends to bring a civil action under paragraph 7#a7 before initiating the civil action against a person subject to subsection 7a74 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 ,commission immediately upon instituting the civil action4 7,b7 ,intervention by ,federal ,trade ,commission ,the ,commission may-- 7i7 intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a7 against a person described in subsection 7d77#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 ,state coordination with ,federal ,trade ,commission ,if the ,commission institutes a civil action or an administrative action with respect to a violation of subsection 7a71 the attorney general of a ,state shall coordinate with the ,commission before bringing 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