[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2463 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2463
To limit and eliminate excessive, hidden, and unnecessary fees imposed
on consumers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 3, 2023
Mr. Gallego (for himself and Mr. Jackson of North Carolina) introduced
the following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To limit and eliminate excessive, hidden, and unnecessary fees imposed
on consumers, 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 ``Junk Fee Prevention Act''.
SEC. 2. PROTECTING CONSUMERS FROM EXCESSIVE AND HIDDEN FEES.
(a) Protecting Consumers From Hidden Fees.--A covered entity shall
clearly and conspicuously display, in each advertisement and when a
price is first shown to a consumer, the total price of the good or
service provided by the covered entity, including any mandatory fees a
consumer would incur during the transaction, which shall not change
during the purchase process.
(b) 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 entity.
(c) Ticket Holdbacks.--If a good or service provided by a covered
entity is a ticket to a sporting event, theater, musical performance,
or an event at a place of public amusement of any kind, the covered
entity shall, not less than 72 hours prior to the first public sale or
presale of such ticket, clearly and conspicuously disclose to the
public, including at the point of sale, the total number of tickets
offered for sale by the covered entity or available for the given
event.
(d) 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 and, in the event of a
refund, provide a refund in the amount of the total cost of the ticket
including any mandatory fees.
(e) Speculative Ticketing.--If a covered entity does not possess a
ticket at the time of the sale, it shall provide to the consumer--
(1) a clear and conspicuous notice that the covered entity
does not possess the ticket; and
(2) a full refund if the covered entity cannot provide the
ticket advertised to the consumer in a timely manner prior to
the event.
(f) Rulemaking on Excessive and Hidden Fees.--The Federal Trade
Commission may promulgate rules in accordance with section 553 of title
5, United States Code, regarding the disclosure and imposition of
mandatory or deceptive fees, including any such fee not described in
subsections (a) through (e).
(g) Excessive Fees.--In considering whether a mandatory fee is
excessive, the Federal Trade Commission or court shall take into
consideration--
(1) whether the fee is reasonable and proportional to the
cost of the good or service provided by the covered entity;
(2) the reason for which the covered entity charges such
fee; and
(3) any other factors determined appropriate by the Federal
Trade Commission or the court.
(h) Enforcement.--
(1) Enforcement by the commission.--
(A) 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 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(B) Powers of the commission.--
(i) 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.
(ii) 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 (15 U.S.C. 41 et seq.).
(iii) Authority preserved.--Nothing in this
section shall be construed to limit the
authority of the Federal Trade Commission under
any other provision of law.
(2) Enforcement by states.--
(A) 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 State, the State, as parens patriae, may bring a
civil action in any appropriate district court of the
United States, to--
(i) enjoin any further violation by the
covered entity;
(ii) enforce compliance with this section
or such regulation;
(iii) obtain other remedies permitted under
State law; and
(iv) obtain damages, restitution, or other
compensation on behalf of residents of the
State.
(B) Notice.--The attorney general of a State shall
provide prior written notice of any action under
subparagraph (A) to the Commission and provide the
Commission with a copy of the complaint in the action,
except in any case in which such prior notice is not
feasible, in which case the attorney general shall
serve such notice immediately upon instituting such
action.
(C) Intervention by the commission.--Upon receiving
notice under subparagraph (B), the Commission shall
have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(D) 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 thereunder, no State attorney general, or
official or agency of a State, may bring a separate
action under subparagraph (A) 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 complaint. A State attorney general, or
official or agency of a State, may join a civil action
for a violation of this section or a regulation
promulgated thereunder filed by the Commission.
(E) Rule of construction.--For purposes of bringing
a civil action under subparagraph (A), nothing in this
section shall be construed to prevent the chief law
enforcement officer or official or agency of a State,
from exercising the powers conferred on such chief law
enforcement officer or official or agency of a State,
by the laws of the State to conduct investigations,
administer oaths or affirmations, or compel the
attendance of witnesses or the production of
documentary and other evidence.
(i) Definitions.--In this section:
(1) Covered entity.--
(A) In general.--The term ``covered entity''
means--
(i) a provider of short-term lodging or an
entity that advertises rates or the purchase of
short-term lodging;
(ii) a provider of a ticketing service that
sells tickets for an event or retains the
authority to otherwise distribute tickets for
such event, whether as a primary seller of
tickets or in the secondary marketplace for
ticket sales; or
(iii) any other entity determined
appropriate by the Commission through a
rulemaking in accordance with section 553 of
title 5, United States Code.
(B) Short-term lodging.--For purposes of
subparagraph (A), the term ``short-term lodging'' means
any lodging that is offered for an occupancy of less
than 6 months.
(2) Mandatory fee.--The term ``mandatory fee'' includes--
(A) any fee or surcharge that a consumer is
required to pay to purchase a good or service being
advertised;
(B) a fee or surcharge that is not reasonably
avoidable;
(C) 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
advertised; or
(D) any other fee or surcharge determined
appropriate by the Commission.
SEC. 3. COMMUNICATIONS SERVICE FEES.
(a) Ending Early Termination Fees.--
(1) In general.--A provider of a covered service may not
charge a fee to, or impose a requirement that is excessive or
unreasonable on, a consumer for the early termination of a
covered service.
(2) Device purchase and return.--Subsection (a) shall not
prevent a provider of a covered service from charging a
consumer for--
(A) the cost of rental or loan equipment that is
not returned to the provider within a reasonable period
of time; or
(B) the outstanding cost of a purchased device.
(3) Regulations.--The Federal Communications Commission may
promulgate regulations to carry out this subsection.
(b) Rulemaking on Mandatory Fees.--Not later than 180 days after
the date of enactment of this Act, the Federal Communications
Commission shall commence a rulemaking proceeding--
(1) to consider whether and how the Federal Communications
Commission should--
(A) require the disclosure of mandatory fees with
respect to a covered service; or
(B) prohibit the imposition of mandatory fees with
respect to a covered service, in particular any such
fee that a consumer would reasonably assume to be
included in the advertised price of such service; and
(2) in which the Federal Communications Commission may
promulgate regulations to implement the requirements or
prohibitions described in paragraph (1).
(c) Enforcement.--
(1) 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 1934 (47 U.S.C. 151 et
seq.) or a regulation promulgated under that Act.
(2) Manner of enforcement.--The Federal Communications
Commission shall enforce this section and the regulations
promulgated under 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
Communications Act of 1934 (47 U.S.C. 151 et seq.) were
incorporated into and made a part of this section.
(d) Definitions.--In this section:
(1) Covered service.--The term ``covered service''--
(A) means--
(i) internet service;
(ii) voice service (as defined in section
227(e)(8) of the Communications Act of 1934 (47
U.S.C. 227(e)(8));
(iii) commercial mobile service (as defined
in section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d));
(iv) commercial mobile data service (as
defined in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C.
1401)); or
(v) a service provided by a multichannel
video programming distributor (as defined in
section 602 of the Communications Act of 1934
(47 U.S.C. 522)), to the extent that such
distributor is acting as a multichannel video
programming distributor; and
(B) includes any other service offered or provided
as part of a bundle or package with any service
described in clauses (i) through (v) of subparagraph
(A).
(2) Mandatory fee.--The term ``mandatory fee'' includes--
(A) any fee or surcharge that a consumer is
required to pay to purchase a good or service being
advertised;
(B) a fee or surcharge that is not reasonably
avoidable;
(C) 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
advertised; or
(D) any other fee or surcharge determined
appropriate by the Federal Communications Commission.
SEC. 4. SEATING YOUNG CHILDREN ADJACENT TO AN ACCOMPANYING ADULT
PASSENGER.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code is amended by adding at the end the following:
``Sec. 41727. Seating young children adjacent to an accompanying adult
on aircraft.
``(a) Applicability.--The requirements of this section apply for
the purposes of each scheduled flight segment to or from any airport in
the United States.
``(b) General Requirement.--
``(1) Assigned seats.--Subject to subsection (f), an air
carrier or foreign air carrier that assigns seats, or allows
individuals to select seats, in advance of the date of
departure of a flight shall seat each young child adjacent to
an accompanying adult, 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 flight.
``(2) Unassigned seats.--Subject to subsection (f), 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 adult.
``(3) Prohibition on fees.--
``(A) 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 service.
``(B) 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 adult.
``(C) 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 adult.
``(c) Additional Requirements for Advance Seating.--
``(1) In general.--Subject to subsection (f), 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 provide, not later than 48 hours after the
issuance of the ticket for each young child--
``(A) 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 cost, provided that adjacent seat
assignments are available; or
``(B) in the event that adjacent seat assignments
are not available as described in subparagraph (A), an
accompanying adult the choice of--
``(i) a full refund of the cost of the
tickets for the young child and the
accompanying adult, as well as any other
individual on the same reservation; or
``(ii) waiting for adjacent seat
assignments to be provided by the carrier.
``(2) Required option period.--The air carrier or foreign
air carrier shall provide the accompanying adult a period of
not less than 7 days from the date of notification of the
choice described in paragraph (1)(B) to make a selection
between the options described in clauses (i) and (ii) of such
paragraph.
``(3) No available adjacent seat assignment.--In the event
that an accompanying adult chooses the option described in
paragraph (1)(B)(ii) 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 flight, the air carrier or foreign air carrier
shall, at the choice of an accompanying adult--
``(A) rebook the young child and the accompanying
adult, as well as any other individual on the same
reservation, on the next available flight at no
additional cost; or
``(B) transport the young child and the
accompanying adult on their original ticketed flight
segment in seats that are not adjacent, when seats on
the aircraft are available.
``(d) Additional Requirements To Mitigate Passenger Harm in Event
of Violation.--An air carrier or foreign air carrier that violates
subsection (b) or (c) shall, at the choice of an accompanying adult--
``(1) rebook the young child and the accompanying adult, as
well as any other individual on the same reservation, on the
next available flight at no additional cost;
``(2) provide--
``(A) a full refund of the cost of the tickets for
the young child and the accompanying adult, as well as
any other individual on the same reservation; and
``(B) if such individuals are at a connecting
airport, return air transportation for such individuals
to their origination airport at no additional cost; or
``(3) transport the young child and the accompanying adult
on their original ticketed flight segment in seats that are not
adjacent, when seats on the aircraft are available.
``(e) Enforcement.--
``(1) 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 46301 and other applicable
remedies under this part.
``(2) Investigations of complaints.--
``(A) In general.--The Secretary shall promptly
investigate each complaint alleging a violation of this
section that is received by the Department of
Transportation.
``(B) Publication of data.--The Secretary shall
publish data on complaints alleging violations of this
section in a manner comparable to other consumer
complaint data.
``(f) Exceptions.--Subsections (b) and (c) shall not apply to the
extent that--
``(1) the young child does not have an accompanying adult
traveling with such child;
``(2) 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 carrier;
``(3) 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 aircraft; or
``(4) an exception to subsection (b) or (c) deemed
appropriate by final rule of the Secretary applies.
``(g) Definitions.--In this section:
``(1) Accompanying adult.--The term `accompanying adult'
means, with respect to a young child, an individual who is--
``(A) 14 years of age or older on the date of the
scheduled departure of the flight; and
``(B) on the same reservation record as the young
child.
``(2) Adjacent.--The term `adjacent' means, with respect to
the seat of a young child, a seat that is--
``(A) next to and in the same row of the aircraft
as the seat of the young child; and
``(B) not separated by an aisle.
``(3) Available.--The term `available', when used in
connection with seats or seat assignments, means capable of
assignment by the air carrier or foreign air carrier without--
``(A) an upgrade of a young child or an
accompanying adult to a different class of service than
ticketed; and
``(B) displacing an individual with an assigned
seat.
``(4) Class of service.--The term `class of service' means
first class, business class, general economy (including basic
economy), or premium economy.
``(5) No additional cost.--The term `no additional cost'
means no added charge for the seat beyond the fare.
``(6) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(7) Young child.--The term `young child' means an
individual who is 13 years of age or younger on the date of the
scheduled departure of the flight.
``(h) Regulations.--The Secretary may issue regulations to
implement this section, including regulations that amend the
definitions in subsection (g).
``(i) Effective Date.--This section shall take effect on the date
that is 180 days after the date of the enactment of the this
section.''.
(b) Clerical Amendment.--The analysis of chapter 417 of title 49,
United States Code, is amended by inserting after the item relating to
section 41726 the following:
``41727. Seating young children adjacent to an accompanying adult on
aircraft.''.
(c) Repeal of FAA Extension, Safety, and Security Act of 2016
Family Seating Provision.--Section 2309 of the FAA Extension, Safety,
and Security Act of 2016 (49 U.S.C. 42301 note prec.) is repealed.
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