[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1830 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1830

   To prohibit unfair or deceptive acts or practices relating to the 
  prices of products and services sold online, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2013

 Mr. Menendez introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To prohibit unfair or deceptive acts or practices relating to the 
  prices of products and services sold online, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tallying of the Actual Liabilities 
Act of 2013'' or the ``TOTAL Act of 2013''.

SEC. 2. PROHIBITION ON CERTAIN UNFAIR OR DECEPTIVE ACTS OR PRACTICES 
              RELATING TO PRICES OF PRODUCTS AND SERVICES SOLD ONLINE.

    (a) Retailer Defined.--In this section, the term ``retailer'' means 
a person--
            (1) over whom the Federal Trade Commission has jurisdiction 
        under section 5(a) of the Federal Trade Commission Act (15 
        U.S.C. 45(a)); and
            (2) whose business includes selling products or services.
    (b) Requirement for Price Transparency.--A retailer may not sell a 
product or a service to a person through the use of an Internet website 
without presenting the person with the total amount that the retailer 
expects to collect from the person as part of the transaction of 
selling the product or service to the person, including all fees, 
taxes, and shipping and handling charges, before the person commits to 
purchasing the product or service.
    (c) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive act or practice.--A violation of 
        subsection (b) shall be treated as a violation of a rule 
        defining an unfair or deceptive act or practice described under 
        section 18(a)(1)(B) of the Federal Trade Commission Act (15 
        U.S.C. 57a(a)(1)(B)).
            (2) Powers of commission.--
                    (A) In general.--The Federal Trade Commission shall 
                enforce this section in the same manner, by the same 
                means, and with the same jurisdiction, powers, and 
                duties as though all applicable terms and provisions of 
                the Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
                were incorporated into and made a part of this section.
                    (B) 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 (15 U.S.C. 41 et 
                seq.).
                    (C) Rulemaking.--The Federal Trade Commission may 
                promulgate standards and rules to carry out this 
                section in accordance with section 553 of title 5, 
                United States Code.
    (d) Enforcement by States.--
            (1) 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 
        (b) or a standard or rule promulgated under this section in a 
        practice that violates such subsection, standard, or rule, the 
        attorney general of the State may, as parens patriae, bring a 
        civil action on behalf of the residents of the State in an 
        appropriate district court of the United States--
                    (A) to enjoin further violation of such subsection, 
                standard, or rule by such person;
                    (B) to compel compliance with such subsection, 
                standard, or rule; or
                    (C) to obtain such other injunctive relief as the 
                court considers appropriate.
            (2) Rights of federal trade commission.--
                    (A) Notice to federal trade commission.--
                            (i) In general.--Except as provided in 
                        clause (iii), the attorney general of a State 
                        shall notify the Federal Trade Commission in 
                        writing that the attorney general intends to 
                        bring a civil action under paragraph (1) before 
                        initiating the civil action.
                            (ii) Contents.--The notification required 
                        by clause (i) with respect to a civil action 
                        shall include a copy of the complaint to be 
                        filed to initiate the civil action.
                            (iii) Exception.--If it is not feasible for 
                        the attorney general of a State to provide the 
                        notification required by clause (i) before 
                        initiating a civil action under paragraph (1), 
                        the attorney general shall notify the Federal 
                        Trade Commission immediately upon instituting 
                        the civil action.
                    (B) Intervention by federal trade commission.--The 
                Federal Trade Commission may--
                            (i) intervene in any civil action brought 
                        by the attorney general of a State under 
                        paragraph (1); and
                            (ii) upon intervening--
                                    (I) be heard on all matters arising 
                                in the civil action; and
                                    (II) file petitions for appeal of a 
                                decision in the civil action.
            (3) 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 investigations, to administer 
        oaths or affirmations, or to compel the attendance of witnesses 
        or the production of documentary or other evidence.
            (4) Preemptive action by federal trade commission.--If the 
        Federal Trade Commission institutes a civil action or an 
        administrative action with respect to a violation of subsection 
        (b) or a standard or rule promulgated under this section, the 
        attorney general of a State may not, during the pendency of 
        such action, bring a civil action under paragraph (1) against 
        any defendant named in the complaint of the Commission for the 
        violation with respect to which the Commission instituted such 
        action.
            (5) Venue; service of process.--
                    (A) Venue.--Any action brought under paragraph (1) 
                may be brought in--
                            (i) the district court of the United States 
                        that meets applicable requirements relating to 
                        venue under section 1391 of title 28, United 
                        States Code; or
                            (ii) another court of competent 
                        jurisdiction.
                    (B) Service of process.--In an action brought under 
                paragraph (1), process may be served in any district in 
                which the defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.
            (6) Actions by other state officials.--
                    (A) In general.--In addition to civil actions 
                brought by attorneys general under paragraph (1), any 
                other officer of a State who is authorized by the State 
                to do so may bring a civil action under paragraph (1), 
                subject to the same requirements and limitations that 
                apply under this subsection to civil actions brought by 
                attorneys general.
                    (B) 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 State.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to limit the authority of the Federal Trade Commission under 
any other provision of law.
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