,,ii #aaith ,,congress #b;d ,session ,s4 #ddja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bg1 #bjbf,mr4 ,lujn introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require third-party delivery platforms to follow certain pricing practices1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,promoting ,real-time ,information on ,cost ,expenditure ,act or the ,,price ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,delivery fee ,the term delivery fee means any fee imposed by a third-party delivery platform on a user of the platform with respect to an order placed through the platform of items from a retail establishment that is in addition to any charge that the retail establishment would impose on the sale of the same items if they were purchased by an individual who is physically present in such establishment4 ,in the case of a retail establishment that does not offer items for sale to individuals who are physically present in such establishment1 such term shall include any fee imposed by a third-party delivery platform that is in addition to the menu or retail price for the items ordered4 7#c7 ,retail establishment ,the term retail establishment means a physical establishment 7including a restaurant7 where items 7including food1 beverages1 or other goods7 are offered for sale to individuals who-- 7,a7 are physically present in such establishment2 or 7,b7 place orders through a third-party delivery platform4 7#d7 ,third-party delivery platform ,the term third-party delivery platform means any website1 mobile application1 or other internet service that-- 7,a7 as its primary function1 offers or arranges for the sale and same-day delivery of items 7including food beverages1 or other goods7 from a retail establishment2 and 7,b7 is not owned by1 under common ownership with1 operated by1 or a subsidiary of the retail establishment4 #c4 ,pricing requirements for third-party delivery platforms 7a7 ,in general ,beginning #ij days after the date of enactment of this ,act1 it shall be unlawful to operate a third-party delivery platform unless such platform satisfies the requirements described in subsection 7b74 7b7 ,pricing requirements ,the requirements described in this subsection1 with respect to a third-party delivery platform1 are the following3 7#a7 ,if the third-party delivery platform charges #a or more delivery fees for an order from a retail establishment1 any such delivery fee shall be-- 7,a7 calculated using a methodology that is determined no later than the time the user placing the order selects the retail establishment and may not change once the user has begun their order from the retail establishment2 and 7,b7 based solely on-- 7i7 the total price charged by the retail establishment for items ordered by the user1 excluding any taxes and any fees imposed by the third-party delivery platform2 and 7ii7 other factors related to the delivery of the items ordered from the retail establishment1 including the delivery distance1 but excluding-- 7,i7 any other factor that directly or indirectly relies on1 incorporates1 or is informed by variables that serve as a proxy for characteristics of the user placing the order or a class of users1 including inferred price sensitivity1 prior purchasing behavior1 or willingness to pay2 and 7,,ii7 any factor related to an arrangement negotiated between the third-party delivery platform and the retail establishment4 7#b7 ,whenever a user selects an item to order from a retail establishment through the third-party delivery platform1 the third-party delivery platform shall prominently display-- 7,a7 the price charged by the retail establishment for such item1 excluding any taxes2 and 7,b7 if applicable1 any delivery fees imposed with respect to such item by the third-party delivery platform4 7#c7 ,throughout the ordering process1 the third-party delivery platform shall prominently display the ongoing total amount to be charged to the user for the order that includes every item that the user has selected up to that point4 ,such total amount shall include the cost of each item selected1 applicable taxes1 and any applicable fees4 7#d7 ,prior to requesting payment for an order1 the third-party delivery platform shall provide the user with an explanation1 in a clear1 conspicuous1 and not misleading manner1 of each delivery fee imposed on the user by the platform and what the fee is for4 ,such explanation shall include the amount of the delivery fee1 the item that the delivery fee relates to1 whether the delivery fee is refundable1 and such other information as the ,commission may specify4 7c7 ,rule of construction regarding gratuities ,nothing in this section shall be construed to prevent a third-party delivery platform from allowing a user to add a gratuity to their order4 #d4 ,enforcement 7a7 ,enforcement by the ,federal ,trade ,commission 7#a7 ,unfair and deceptive acts or practices ,a violation of this ,act 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 7,a7 ,in general ,the ,commission shall enforce this ,act 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 that violates this ,act shall be subject to the penalties1 and entitled to the privileges and immunities1 provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,regulations ,the ,commission shall1 pursuant to section #eec of title #e1 ,united ,states ,code promulgate such regulations as the ,commission determines necessary to carry out the provisions of this ,act4 7,d7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7b7 ,enforcement by ,state attorneys general 7#a7 ,in general 7,a7 ,civil actions ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of that ,state has been or is threatened or adversely affected by the engagement of any person in a practice that violates this ,act1 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in a district court of the ,united ,states or a ,state court of appropriate jurisdiction to-- 7i7 enjoin that practice2 7ii7 enforce compliance with this ,act or such regulation2 7iii7 on behalf of residents of the ,state1 obtain damages1 restitution1 or other compensation1 each of which shall be distributed in accordance with ,state law2 or 7iv7 obtain such other relief as the court may consider to be appropriate4 7,b7 ,notice 7i7 ,in general ,before filing an action under subparagraph 7,a71 the attorney general of the ,state involved shall provide to the ,commission-- 7,i7 written notice of that action2 and 7,,ii7 a copy of the complaint for that action4 7ii7 ,exemption 7,i7 ,in general ,clause 7i7 shall not apply with respect to the filing of an action by an attorney general of a ,state under this paragraph if the attorney general of the ,state determines that it is not feasible to provide the notice described in that clause before the filing of the action4 7,,ii7 ,notification ,in an action described in subclause 7,i71 the attorney general of a ,state shall provide notice and a copy of the complaint to the ,commission at the same time as the attorney general files the action4 7#b7 ,intervention 7,a7 ,in general ,on receiving notice under paragraph 7#a77;,b71 the ,commission shall have the right to intervene in the action that is the subject of the notice4 7,b7 ,effect of intervention ,if the ,commission intervenes in an action under paragraph 7#a71 it shall have the right-- 7i7 to be heard with respect to any matter that arises in that action2 and 7ii7 to file a petition for appeal4 7#c7 ,construction ,for purposes of bringing any civil action under paragraph 7#a71 nothing in this ,act shall be construed to prevent an attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of that ,state to-- 7,a7 conduct investigations2 7,b7 administer oaths or affirmations2 or 7,c7 compel the attendance of witnesses or the production of documentary and other evidence4 7#d7 ,actions by the commission ,in any case in which an action is instituted by or on behalf of the ,commission for violation of this ,act1 no ,state may1 during the pendency of that action1 institute a separate action under paragraph 7#a7 against any defendant named in the complaint in the action instituted by or on behalf of the ,commission for that violation4 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 a ,state court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a7 in a district court of the ,united ,states1 process may be served wherever defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4