,,ii #aaith ,,congress #ast ,session ,s4 #cad ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bi1 #bjbe,ms4 ,klobuchar 7for herself1 ,mr4 ,moran1 ,ms4 ,cortez ,masto1 and ,mrs4 ,capito7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit unfair and deceptive advertising of prices for hotel rooms and other places of short-term lodging1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,hotel ,fees ,transparency ,act of #bjbe4 #b4 ,prohibition on unfair and deceptive advertising of hotel rooms and other short-term rental prices 7a7 ,prohibition 7#a7 ,in general ,it shall be unlawful for a covered entity to display1 advertise1 market1 or offer in interstate commerce1 including through direct offerings1 third-party distribution1 or metasearch referrals1 a price for covered services that does not clearly1 conspicuously1 and prominently-- 7,a7 display the total services price1 if a price is displayed1 in any advertisement1 marketing1 or price list wherever the covered services are displayed1 advertised1 marketed1 or offered for sale2 7,b7 disclose to any individual who seeks to purchase covered services the total services price at the time the covered services are first displayed to the individual and anytime thereafter throughout the covered services purchasing process2 and 7,c7 disclose1 prior to the final purchase1 any tax1 fee1 or assessment imposed by any government entity1 quasi-government entity1 or government-created special district or program on the sale of covered services4 7#b7 ,individual components ,provided that such displays are less prominent than the total service price required in paragraph 7#a71 nothing in this ,act shall be construed to prohibit the display of-- 7,a7 individual components of the total price2 or 7,b7 details of other items not required by paragraph 7#a74 7#c7 ,indemnification provisions ,nothing in this section shall be construed to prohibit any covered entity from entering into a contract with any other covered entity that contains an indemnification provision with respect to price or fee information disclosed1 exchanged1 or shared between the covered entities that are parties to the contract4 7b7 ,enforcement 7#a7 ,enforcement by the ,commission 7,a7 ,unfair or deceptive acts or practices ,a violation of subsection 7a7 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 the ,commission 7i7 ,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 7ii7 ,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 7iii7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,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 an interest of the residents of the ,state has been or is being threatened or adversely affected by a practice that violates subsection 7a71 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 the ,commission 7i7 ,notice to the ,commission 7,i7 ,in general ,except as provided in subclause 7,,iii71 the attorney general of a ,state1 before initiating a civil action under subparagraph 7,a7 shall notify the ,commission in writing that the attorney general intends to bring such civil action4 7,,ii7 ,contents ,the notification required by subclause 7,i7 shall include a copy of the complaint to be filed to initiate the civil action4 7,,iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by subclause 7,i7 before initiating a civil action under subparagraph 7,a71 the attorney general shall notify the ,commission immediately upon instituting the civil action4 7ii7 ,intervention by the ,commission ,the ,commission may-- 7,i7 intervene in any civil action brought by the attorney general of a ,state under subparagraph 7,a72 and 7,,ii7 upon intervening-- 7aa7 be heard on all matters arising in the civil action2 and 7bb7 file petitions for appeal4 7,c7 ,investigatory powers ,nothing in this paragraph 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 ,action by the ,commission ,whenever a civil action has been instituted by or on behalf of the ,commission for violation of subsection 7a71 no attorney general of a ,state may1 during the pendency of that action1 institute an action under subparagraph 7,a7 against any defendant named in the complaint in that action for a violation of subsection 7a7 alleged in such complaint4 7,e7 ,venue2 service of process 7i7 ,venue ,any action brought under subparagraph 7,a7 may be brought in-- 7,i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7,,ii7 another court of competent jurisdiction4 7ii7 ,service of process ,in an action brought under subparagraph 7,a71 process may be served in any district in which-- 7,i7 the defendant is an inhabitant1 may be found1 or transacts business2 or 7,,ii7 venue is proper under section #acia of title #bh1 ,united ,states ,code4 7,f7 ,actions by other ,state officials 7i7 ,in general ,in addition to civil actions brought by an attorney general under subparagraph 7,a71 any other officer of a ,state who is authorized by the ,state to do so may bring a civil action under subparagraph 7,a71 subject to the same requirements and limitations that apply under this paragraph to civil actions brought by attorneys general4 7ii7 ,savings provision ,nothing in this paragraph 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 7#c7 ,affirmative defense ,in any action pursuant to paragraph 7#a7 or 7#b71 an intermediary or third-party online seller may assert an affirmative defense if such intermediary or third-party online seller-- 7,a7 established procedures to receive up-to-date price information from hotels or short-term rentals1 or agents acting on behalf of a hotel or short-term rental2 7,b7 relied in good faith on information provided to the intermediary or third-party online seller by a hotel or short-term rental1 or agent acting on behalf of such hotel or short-term rental1 and such information was inaccurate at the time it was provided to the intermediary or third-party online seller2 and 7,c7 took prompt action to remove or correct any false or inaccurate information about the total services price after receiving notice that such information was false or inaccurate4 7c7 ,preemption 7#a7 ,in general ,a ,state1 or political subdivision of a ,state1 may not maintain1 enforce1 prescribe1 or continue in effect any law1 rule1 regulation1 requirement1 standard1 or other provision having the force and effect of law of the ,state1 or political subdivision of the ,state1 that prohibits a covered entity from advertising1 displaying1 marketing1 or otherwise offering1 or otherwise affects the manner in which a covered entity may advertise1 display1 market1 or otherwise offer1 for sale in interstate commerce1 including through a direct offering1 third-party distribution1 or metasearch referral1 a price of a reservation for a covered service1 and that requires fee disclosure1 unless the law requires the total services price to include each service fee1 as defined in subsection 7d77#h71 and in accordance with subsection 7a77#a74 7#b7 ,rule of ,construction ,this section may not be construed to-- 7,a7 preempt any law of a ,state or political subdivision of a ,state relating to contracts or torts2 or 7,b7 preempt any law of a ,state or political subdivision of a ,state to the extent that such law relates to an act of fraud1 unauthorized access to personal information1 or notification of unauthorized access to personal information4 7d7 ,definitions ,in this ,act3 7#a7 ,base services price ,the term base services price-- 7,a7 means1 with respect to the covered services provided by a hotel or short-term rental1 the price in order to obtain the covered services of the hotel or short-term rental2 and 7,b7 does not include-- 7i7 any service fee2 7ii7 any taxes or fees imposed by a government or quasi-government entity2 7iii7 assessment fees of a government-created special district or program2 or 7iv7 any charges or fees for an optional product or service associated with the covered services that may be selected by a purchaser of covered services4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,covered entity ,the term covered entity means a person1 partnership1 or corporation with respect to whom the ,commission has jurisdiction under section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b771 including-- 7,a7 a hotel or short-term rental2 7,b7 a third-party online seller2 or 7,c7 an intermediary4 7#d7 ,covered services ,the term covered services-- 7,a7 means the temporary provision of a room1 building1 or other lodging facility2 and 7,b7 does not include the provision of a meeting room1 banquet services1 or catering services4 7#e7 ,hotel ,the term hotel means an establishment that is-- 7,a7 primarily engaged in providing a covered service to the general public2 and 7,b7 promoted1 advertised1 or marketed in interstate commerce or for which such establishment's services are sold in interstate commerce4 7#f7 ,intermediary ,the term intermediary means an entity that operates either as a business-to-business platform1 consumer-facing platform1 or both1 that displays1 including through direct offerings1 third-party distribution1 or metasearch referral1 a price for covered services or price comparison tools for consumers seeking covered services4 7#g7 ,optional product or service ,the term optional product or service means a product or service that an individual does not need to purchase to use or obtain covered services 7#h7 ,service fee ,the term service fee-- 7,a7 means a charge imposed by a covered entity that must be paid in order to obtain covered services2 and 7,b7 does not include-- 7i7 any taxes or fees imposed by a government or quasi-government entity2 7ii7 any assessment fees of a government-created special district or program2 or 7iii7 any charges or fees for an optional product or service associated with the covered services that may be selected by a purchaser of covered services4 7#i7 ,short-term rental ,the term short-term rental means a property1 including a single-family dwelling or a unit in a condominium1 cooperative1 or time-share1 that provides covered services 7either with respect to the entire property or a part of the property7 to the general public-- 7,a7 in exchange for a fee2 7,b7 for periods shorter than #cj consecutive days2 and 7,c7 is promoted1 advertised1 or marketed in interstate commerce or for which such property's services are sold in interstate commerce4 7#aj7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and any territory or possession of the ,united ,states4 7#aa7 ,third-party online seller ,the term third-party online seller means any person other than a hotel or short-term rental that sells covered services or offers for sale covered services with respect to a hotel or short-term rental in a transaction facilitated on the internet4 7#ab7 ,total services price ,the term total services-- 7,a7 means1 with respect to covered services1 the total cost of the covered services1 including the base services price and any service fees2 and 7,b7 does not include-- 7i7 any taxes or fees imposed by a government or quasi-government entity2 7ii7 any assessment fees of a government-created special district or program2 or 7iii7 any charges or fees for an optional product or service associated with the covered services that may be selected by a purchaser of covered services4 7e7 ,effective date ,the prohibition under subsection 7a7 shall take effect #dej days after the date of the enactment of this ,act and shall apply to advertisements1 displays1 marketing1 and offers of covered services of a covered entity made on or after such date4