,,ii #aaith ,,congress #ast ,session ,s4 #ccfg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #d1 #bjbe,mr4 ,blumenthal 7for himself and ,mr4 ,gallego7 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 7#a7 ,in general ,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 purchase of the good or service and any mandatory government charge related to such purchase4 7#b7 ,price consistency ,a covered entity shall ensure that any mandatory fee incurred by a consumer during the purchase process does not change from that advertised to the consumer4 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 other live performance that an audience watches as the live performance occurs1 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 of 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 attorney general of a ,state1 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 ,an attorney general of a ,state1 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 online platform that allows for the booking 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 7i7 ,in general ,except as provided in clause 7ii71 the term short-term lodging means any lodging that is offered for an occupancy of less than #f months or temporary sleeping accommodations at a hotel1 motel1 inn1 short-term rental1 vacation rental1 or other place of lodging4 7ii7 ,exclusion ,the term short-term lodging shall not include an accommodation of #f months or more through a landlord-tenant relationship4 7#b7 ,deceptive fee ,the term deceptive fee includes-- 7,a7 any fee for which the nature1 purpose1 amount1 or refundability of such fee is misrepresented2 and 7,b7 any mandatory fee misrepresented as an optional fee that a consumer must opt out of4 7#c7 ,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 termination of a covered service before the end of any period specified in any agreement between the provider and the consumer4 7#b7 ,ending excess billing cycle charges ,after termination of a covered service1 the provider of the covered service shall provide to the consumer a prorated credit or rebate for the remaining days in the billing cycle4 7#c7 ,device purchase and return ,this subsection does 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#d7 ,regulations ,the ,federal ,communications ,commission may promulgate regulations to carry out this subsection4 7b7 ,truth in billing and advertising 7#a7 ,aggregate price transparency in billing 7,a7 ,in general ,a provider of a covered service shall state an aggregate price for the covered service through a single1 clear1 easy-to-understand1 and accurate line item on the bill of a consumer1 including a bill for a legacy or grandfathered covered service plan4 7,b7 ,disclosure of end date of introductory or temporary price ,a provider of a covered service shall state1 on the bill of each consumer paying an introductory or temporary price1 the date on which the introductory or temporary price ends by disclosing-- 7i7 either-- 7,i7 the period during which the discounted price will be charged2 or 7,,ii7 the date on which the period will end1 resulting in a price change for the covered service2 and 7ii7 the post-promotion rate not later than-- 7,i7 #fj days before the date on which the introductory or temporary price ends2 and 7,,ii7 #cj days before such date4 7,c7 ,itemization ,a provider of a covered service may state an itemized explanation of the elements that compose the aggregate price required by subparagraph 7,a7 on the bill of a consumer4 7#b7 ,aggregate price transparency for promotional materials 7,a7 ,in general ,a provider of a covered service that communicates a price for the covered service in promotional materials shall state an aggregate price for the covered service and1 at the option of the provider of the covered service1 an itemized explanation of the elements of such price in a clear1 easy-to-understand1 and accurate manner4 7,b7 ,disclosure of location-dependent pricing ,if the aggregate price described in subparagraph 7,a7 fluctuates based on service location1 the provider of a covered service shall state where and how a consumer may obtain the location-specific aggregate price1 such as electronically or by contacting a customer service or sales representative4 7,c7 ,disclosure of temporary aggregate pricing ,if part or all of the aggregate price described in subparagraph 7,a7 is temporary1 a provider of a covered service shall state the post-promotion rate1 the date on which the post-promotion rate was calculated1 and the period for which each rate applies in the promotional materials4 7,d7 ,itemization ,a provider of a covered service may state an itemized explanation of the elements that compose the aggregate price required by subparagraph 7,a7 in the promotional materials4 7,e7 ,exception ,the requirements under this paragraph shall not apply to the marketing of legacy or grandfathered covered service plans that are not generally available to new customers4 7c7 ,rulemaking on mandatory fees 7#a7 ,initial rulemaking proceeding ,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-- 7i7 require the disclosure of mandatory fees with respect to a covered service2 or 7ii7 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 subparagraph 7,a74 7#b7 ,subsequent study or regulations ,any time after the completion of the rulemaking proceeding required under paragraph 7#a71 the ,federal ,communications ,commission may conduct a study or promulgate regulations regarding mandatory fees with respect to covered services4 7d7 ,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 7e7 ,definitions ,in this section3 7#a7 ,covered service ,the term covered service-- 7,a7 means-- 7i7 broadband internet access service 7as defined in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation772 7ii7 voice service 7as defined in section #bbg7;e77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#h7772 7iii7 commercial mobile service 7as defined in section #ccb7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;d7772 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 covered service2 7,b7 any 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 and 7,d7 any other fee or surcharge determined appropriate by the ,federal ,communications ,commission4 7#c7 ,promotional material ,the term promotional material includes video programming in which a provider of a covered service advertises or markets a covered service to consumers4 #d4 ,air carrier ancillary fee transparency 7a7 ,reporting requirements ,section #dagjh of title #di1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7d7 ,ancillary fees 7#a7 ,quarterly reports 7,a7 ,in general ,the ,secretary shall require any air carrier or foreign air carrier operating in the ,united ,states to file with the ,secretary a report for each quarter of the fiscal year on the total revenue such air carrier or foreign air carrier earned from ancillary fees 7as defined in paragraph 7#b774 7,b7 ,contents ,a quarterly report filed by an air carrier or foreign air carrier under subparagraph 7,a7 shall include1 at a minimum1 the following information3 7i7 ,the revenue received from ancillary fees during the reporting period1 provided in an exact dollar amount1 including-- 7,i7 the total amount received2 7,,ii7 the total amount disaggregated by each critical ancillary service provided2 and 7,,iii7 the total amount disaggregated by class of service4 7ii7 ,the manner in which the air carrier or foreign air carrier collects ancillary fees1 including whether the fee for a critical ancillary service is included in the base fare price or charged to the consumer through another method4 7iii7 ,the average dollar amount charged to a consumer for each critical ancillary service provided4 7,c7 ,publication ,notwithstanding section #cbi7;b77#a77;,a71 the ,secretary shall compile the information provided in the quarterly reports filed pursuant to subparagraph 7,a7 in a single quarterly report 7which shall include a comparison of the total revenue received from ancillary fees by each air carrier or foreign air carrier7 and publish such report on the internet website of the ,department of ,transportation4 7#b7 ,definitions ,for purposes of this subsection3 7,a7 ,ancillary fees ,the term ancillary fees means any fee charged1 through a direct payment or other form of compensation1 by an air carrier or foreign air carrier for the provision of-- 7i7 a critical ancillary service2 or 7ii7 any other service not subject to taxation under section #dbfa of the ,internal ,revenue ,code of #aihf4 7,b7 ,critical ancillary service ,the term critical ancillary service means1 with respect to an air carrier or foreign air carrier1 any supplemental service provided by the air carrier or foreign air carrier that is critical to the purchasing decision of a consumer1 including-- 7i7 transporting checked or carry-on baggage2 7ii7 modifying or canceling a reservation2 7iii7 selecting or otherwise indicating a preference for seating on an aircraft2 or 7iv7 any other service determined appropriate by the ,secretary4 4 7b7 ,record requirements ,section #dagji7;a7 of title #di1 ,united ,states ,code1 is amended by inserting 7including information regarding the source of revenue and whether such money was received from a base fare price or from an ancillary fee 7as defined in section #dagjh7;d77 after receipts and expenditures of money4