,,ii #aahth ,,congress #ast ,session ,s4 #iaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bb1 #bjbc,mr4 ,blumenthal 7for himself and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to limit and eliminate excessive1 hidden1 and unnecessary fees imposed on consumers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,junk ,fee ,prevention ,act4 #b4 ,protecting consumers from excessive and hidden fees 7a7 ,protecting consumers from hidden fees ,a covered entity shall clearly and conspicuously display1 in each advertisement and when a price is first shown to a consumer1 the total price of the good or service provided by the covered entity1 including any mandatory fees a consumer would incur during the transaction1 which shall not change during the purchase process4 7b7 ,excessive fees ,a covered entity shall not impose on a consumer or advertise any mandatory fees that are excessive or deceptive for any good or service offered by the covered entity4 7c7 ,ticket holdbacks ,if a good or service provided by a covered entity is a ticket to a sporting event1 theater1 musical performance1 or an event at a place of public amusement of any kind1 the covered entity shall1 not less than #gb hours prior to the first public sale or presale of such ticket1 clearly and conspicuously disclose to the public1 including at the point of sale1 the total number of tickets offered for sale by the covered entity or available for the given event4 7d7 ,protecting refunds ,a covered entity shall clearly and conspicuously disclose any guarantee or refund policy prior to the completion of a transaction by the consumer and1 in the event of a refund1 provide a refund in the amount of the total cost of the ticket including any mandatory fees4 7e7 ,speculative ticketing ,if a covered entity does not possess a ticket at the time of the sale1 it shall provide to the consumer-- 7#a7 a clear and conspicuous notice that the covered entity does not possess the ticket2 and 7#b7 a full refund if the covered entity cannot provide the ticket advertised to the consumer in a timely manner prior to the event4 7f7 ,rulemaking on excessive and hidden fees ,the ,federal ,trade ,commission may promulgate rules in accordance with section #eec of title #e1 ,united ,states ,code1 regarding the disclosure and imposition of mandatory or deceptive fees1 including any such fee not described in subsections 7a7 through 7e74 7g7 ,excessive fees ,in considering whether a mandatory fee is excessive1 the ,federal ,trade ,commission or court shall take into consideration-- 7#a7 whether the fee is reasonable and proportional to the cost of the good or service provided by the covered entity2 7#b7 the reason for which the covered entity charges such fee2 and 7#c7 any other factors determined appropriate by the ,federal ,trade ,commission or the court4 7h7 ,enforcement 7#a7 ,enforcement by the ,commission 7,a7 ,unfair or deceptive acts or practices ,a violation this section or a regulation promulgated thereunder shall be treated as a violation of a rule defining an unfair or deceptive act or practice 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 the ,commission 7i7 ,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 7ii7 ,privileges and immunities ,any person who violates this section 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 7#ae ,u4,s4,c4 #da et seq474 7iii7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4 7#b7 ,enforcement by ,states 7,a7 ,in general ,if the attorney general of a ,state has reason to believe that a covered entity has violated or is violating this section or a regulation promulgated thereunder that affects the residents of that ,state1 the ,state1 as parens patriae1 may bring a civil action in any appropriate district court of the ,united ,states1 to-- 7i7 enjoin any further violation by the covered entity2 7ii7 enforce compliance with this section or such regulation2 7iii7 obtain other remedies permitted under ,state law2 and 7iv7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state4 7,b7 ,notice ,the attorney general of a ,state shall provide prior written notice of any action under subparagraph 7,a7 to the ,commission and provide the ,commission with a copy of the complaint in the action1 except in any case in which such prior notice is not feasible1 in which case the attorney general shall serve such notice immediately upon instituting such action4 7,c7 ,intervention by the ,commission ,upon receiving notice under subparagraph 7,b71 the ,commission shall have the right-- 7i7 to intervene in the action2 7ii7 upon so intervening1 to be heard on all matters arising therein2 and 7iii7 to file petitions for appeal4 7,d7 ,limitation on ,state action while ,federal action is pending ,if the ,commission has instituted a civil action for violation of this section or a regulation promulgated thereunder1 no ,state attorney general1 or official or agency of a ,state1 may bring a separate action under subparagraph 7,a7 during the pendency of that action against any defendant named in the complaint of the ,commission for any violation of this section or a regulation promulgated thereunder that is alleged in the complaint4 ,a ,state attorney general1 or official or agency of a ,state1 may join a civil action for a violation of this section or a regulation promulgated thereunder filed by the ,commission4 7,e7 ,rule of construction ,for purposes of bringing a civil action under subparagraph 7,a71 nothing in this section shall be construed to prevent the chief law enforcement officer or official or agency of a ,state1 from exercising the powers conferred on such chief law enforcement officer or official or agency of a ,state1 by the laws of the ,state to conduct investigations1 administer oaths or affirmations1 or compel the attendance of witnesses or the production of documentary and other evidence4 7i7 ,definitions ,in this section3 7#a7 ,covered entity 7,a7 ,in general ,the term covered entity means-- 7i7 a provider of short-term lodging or an entity that advertises rates or the purchase of short-term lodging2 7ii7 a provider of a ticketing service that sells tickets for an event or retains the authority to otherwise distribute tickets for such event1 whether as a primary seller of tickets or in the secondary marketplace for ticket sales2 or 7iii7 any other entity determined appropriate by the ,commission through a rulemaking in accordance with section #eec of title #e1 ,united ,states ,code4 7,b7 ,short-term lodging ,for purposes of subparagraph 7,a71 the term short-term lodging means any lodging that is offered for an occupancy of less than #f months4 7#b7 ,mandatory fee ,the term mandatory fee includes-- 7,a7 any fee or surcharge that a consumer is required to pay to purchase a good or service being advertised2 7,b7 a fee or surcharge that is not reasonably avoidable2 7,c7 a fee or surcharge for a good or service that a reasonable consumer would not expect to be included with the purchase of the good or service being advertised2 or 7,d7 any other fee or surcharge determined appropriate by the ,commission4 #c4 ,communications service fees 7a7 ,ending early termination fees 7#a7 ,in general ,a provider of a covered service may not charge a fee to1 or impose a requirement that is excessive or unreasonable on1 a consumer for the early termination of a covered service4 7#b7 ,device purchase and return ,subsection 7a7 shall not prevent a provider of a covered service from charging a consumer for-- 7,a7 the cost of rental or loan equipment that is not returned to the provider within a reasonable period of time2 or 7,b7 the outstanding cost of a purchased device4 7#c7 ,regulations ,the ,federal ,communications ,commission may promulgate regulations to carry out this subsection4 7b7 ,rulemaking on mandatory fees ,not later than #ahj days after the date of enactment of this ,act1 the ,federal ,communications ,commission shall commence a rulemaking proceeding-- 7#a7 to consider whether and how the ,federal ,communications ,commission should-- 7,a7 require the disclosure of mandatory fees with respect to a covered service2 or 7,b7 prohibit the imposition of mandatory fees with respect to a covered service1 in particular any such fee that a consumer would reasonably assume to be included in the advertised price of such service2 and 7#b7 in which the ,federal ,communications ,commission may promulgate regulations to implement the requirements or prohibitions described in paragraph 7#a74 7c7 ,enforcement 7#a7 ,in general ,a violation of this section or a regulation promulgated under this section shall be treated as a violation of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 or a regulation promulgated under that ,act4 7#b7 ,manner of enforcement ,the ,federal ,communications ,commission shall enforce this section and the regulations promulgated under 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 ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 were incorporated into and made a part of this section4 7d7 ,definitions ,in this section3 7#a7 ,covered service ,the term covered service-- 7,a7 means-- 7i7 internet service2 7ii7 voice service 7as defined in section #bbg7;e77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#h772 7iii7 commercial mobile service 7as defined in section #ccb7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;d772 7iv7 commercial mobile data service 7as defined in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja772 or 7v7 a service provided by a multichannel video programming distributor 7as defined in section #fjb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ebb771 to the extent that such distributor is acting as a multichannel video programming distributor2 and 7,b7 includes any other service offered or provided as part of a bundle or package with any service described in clauses 7i7 through 7v7 of subparagraph 7,a74 7#b7 ,mandatory fee ,the term mandatory fee includes-- 7,a7 any fee or surcharge that a consumer is required to pay to purchase a good or service being advertised2 7,b7 a fee or surcharge that is not reasonably avoidable2 7,c7 a fee or surcharge for a good or service that a reasonable consumer would not expect to be included with the purchase of the good or service being advertised2 or 7,d7 any other fee or surcharge determined appropriate by the ,federal ,communications ,commission4 #d4 ,seating young children adjacent to an accompanying adult passenger 7a7 ,in general ,subchapter ,i of chapter #dag of title #di1 ,united ,states ,code is amended by adding at the end the following3 #dagbg4 ,seating young children adjacent to an accompanying adult on aircraft4 7a7 ,applicability ,the requirements of this section apply for the purposes of each scheduled flight segment to or from any airport in the ,united ,states4 7b7 ,general requirement 7#a7 ,assigned seats ,subject to subsection 7f71 an air carrier or foreign air carrier that assigns seats1 or allows individuals to select seats1 in advance of the date of departure of a flight shall seat each young child adjacent to an accompanying adult1 provided that adjacent seat assignments are available at any time after the ticket is issued for the young child and before the first passenger boards the flight4 7#b7 ,unassigned seats ,subject to subsection 7f71 an air carrier or foreign air carrier that does not assign seats or allow individuals to select seats in advance of the date of departure shall board customers in a manner that ensures each young child is seated adjacent to an accompanying adult4 7#c7 ,prohibition on fees 7,a7 ,in general ,an air carrier or foreign air carrier may not charge a fee or impose an additional cost to seat a young child adjacent to an accompanying adult within the same class of service4 7,b7 ,class of service requirement ,every class of service an air carrier or foreign air carrier offers must allow for seating of a young child adjacent to an accompanying adult4 7,c7 ,prohibition on availability limits ,an air carrier or foreign air carrier may not limit the availability of adjacent seats in a manner that results in an undue burden on the ability of a young child to receive an advance seat assignment adjacent to an accompanying adult4 7c7 ,additional requirements for advance seating 7#a7 ,in general ,subject to subsection 7f71 an air carrier or foreign air carrier that allows individuals to select seats or that assigns seats at the time of booking a flight shall provide1 not later than #dh hours after the issuance of the ticket for each young child-- 7,a7 a seat assignment for the young child adjacent to the seat assignment of an accompanying adult for each flight segment of the ticket at no additional cost1 provided that adjacent seat assignments are available2 or 7,b7 in the event that adjacent seat assignments are not available as described in subparagraph 7,a71 an accompanying adult the choice of-- 7i7 a full refund of the cost of the tickets for the young child and the accompanying adult1 as well as any other individual on the same reservation2 or 7ii7 waiting for adjacent seat assignments to be provided by the carrier4 7#b7 ,required option period ,the air carrier or foreign air carrier shall provide the accompanying adult a period of not less than #g days from the date of notification of the choice described in paragraph 7#a77;,b7 to make a selection between the options described in clauses 7i7 and 7ii7 of such paragraph4 7#c7 ,no available adjacent seat assignment ,in the event that an accompanying adult chooses the option described in paragraph 7#a77;,b77ii7 and adjacent seat assignments for the young child and the accompanying adult on a ticketed flight segment do not become available before the first passenger boards the flight1 the air carrier or foreign air carrier shall1 at the choice of an accompanying adult-- 7,a7 rebook the young child and the accompanying adult1 as well as any other individual on the same reservation1 on the next available flight at no additional cost2 or 7,b7 transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent1 when seats on the aircraft are available4 7d7 ,additional requirements ,to mitigate passenger harm in event of violation ,an air carrier or foreign air carrier that violates subsection 7b7 or 7c7 shall1 at the choice of an accompanying adult-- 7#a7 rebook the young child and the accompanying adult1 as well as any other individual on the same reservation1 on the next available flight at no additional cost2 7#b7 provide-- 7,a7 a full refund of the cost of the tickets for the young child and the accompanying adult1 as well as any other individual on the same reservation2 and 7,b7 if such individuals are at a connecting airport1 return air transportation for such individuals to their origination airport at no additional cost2 or 7#c7 transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent1 when seats on the aircraft are available4 7e7 ,enforcement 7#a7 ,in general ,an air carrier or foreign air carrier that violates a requirement of this section is subject to civil penalties as set forth in section #dfcja and other applicable remedies under this part4 7#b7 ,investigations of complaints 7,a7 ,in general ,the ,secretary shall promptly investigate each complaint alleging a violation of this section that is received by the ,department of ,transportation4 7,b7 ,publication of data ,the ,secretary shall publish data on complaints alleging violations of this section in a manner comparable to other consumer complaint data4 7f7 ,exceptions ,subsections 7b7 and 7c7 shall not apply to the extent that-- 7#a7 the young child does not have an accompanying adult traveling with such child2 7#b7 an accompanying adult selects a seat apart from the young child or declines to accept a seat assignment or a seat that is adjacent to the seat assignment or seat of the young child offered without additional cost by the air carrier or foreign air carrier2 7#c7 the number of young children traveling in the same party make it impossible for the air carrier or foreign air carrier to seat all the young children adjacent to an accompanying adult based on the seat layout of the aircraft2 or 7#d7 an exception to subsection 7b7 or 7c7 deemed appropriate by final rule of the ,secretary applies4 7g7 ,definitions ,in this section3 7#a7 ,accompanying adult ,the term accompanying adult means1 with respect to a young child1 an individual who is-- 7,a7 #ad years of age or older on the date of the scheduled departure of the flight2 and 7,b7 on the same reservation record as the young child4 7#b7 ,adjacent ,the term adjacent means1 with respect to the seat of a young child1 a seat that is-- 7,a7 next to and in the same row of the aircraft as the seat of the young child2 and 7,b7 not separated by an aisle4 7#c7 ,available ,the term available1 when used in connection with seats or seat assignments1 means capable of assignment by the air carrier or foreign air carrier without-- 7,a7 an upgrade of a young child or an accompanying adult to a different class of service than ticketed2 and 7,b7 displacing an individual with an assigned seat4 7#d7 ,class of service ,the term class of service means first class1 business class1 general economy 7including basic economy71 or premium economy4 7#e7 ,no additional cost ,the term no additional cost means no added charge for the seat beyond the fare4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#g7 ,young child ,the term young child means an individual who is #ac years of age or younger on the date of the scheduled departure of the flight4 7h7 ,regulations ,the ,secretary may issue regulations to implement this section1 including regulations that amend the definitions in subsection 7g74 7i7 ,effective date ,this section shall take effect on the date that is #ahj days after the date of the enactment of the this section4 4 7b7 ,clerical amendment ,the analysis of chapter #dag of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #dagbf the following3 #dagbg4 ,seating young children adjacent to an accompanying adult on aircraft4 4 7c7 ,repeal of ,,faa ,extension1 ,safety1 and ,security ,act of #bjaf family seating provision ,section #bcji of the ,,faa ,extension1 ,safety1 and ,security ,act of #bjaf 7#di ,u4,s4,c4 #dbcja note prec47 is repealed4