[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3865 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3865

   To require rental car companies to allow customers to terminate a 
   rental car agreement if they would otherwise be forced to rent an 
              electric motor vehicle against their wishes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2024

Mr. Cotton (for himself and Mr. Cramer) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To require rental car companies to allow customers to terminate a 
   rental car agreement if they would otherwise be forced to rent an 
              electric motor vehicle against their wishes.

    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 ``Requiring EV Notification and 
Transparency Act of 2024'' or the ``RENT Act of 2024''.

SEC. 2. REQUIREMENTS FOR RENTAL CAR COMPANIES PERTAINING TO ELECTRIC 
              MOTOR VEHICLES.

    (a) Customer Choice.--A rental car company shall only provide a 
customer with an electric motor vehicle pursuant to a rental agreement 
between the rental car company and the customer if the customer opts in 
to renting an electric motor vehicle.
    (b) Requirements To Provide Notice and Opportunity To Terminate 
Rental Agreement.--
            (1) Notice.--A rental car company shall notify a customer 
        not later than 12 hours before the customer is scheduled to 
        pick up a motor vehicle pursuant to a rental agreement between 
        the customer and the rental car company that the rental car 
        company believes that it is more likely than not that the only 
        motor vehicles available to rent are electric motor vehicles 
        if--
                    (A) the customer enters into such rental agreement 
                at a time earlier than 24 hours before the customer is 
                scheduled to pick up a motor vehicle; and
                    (B) the customer did not opt in to renting an 
                electric motor vehicle.
            (2) Opportunity to terminate rental agreement; waiver of 
        fees or penalties.--A rental car company shall allow a customer 
        to terminate a rental agreement and may not subject the 
        customer to any fees or penalties associated with terminating a 
        rental agreement if the customer did not opt in to renting an 
        electric motor vehicle and--
                    (A) the customer receives a notice described in 
                paragraph (1); or
                    (B) there are only electric motor vehicles 
                available when the customer arrives to pick up a motor 
                vehicle.
    (c) Enforcement by the Commission.--
            (1) Unfair or deceptive act or practices.--A violation of 
        this Act or a regulation promulgated under this Act shall be 
        treated as an unfair or deceptive act or practice in violation 
        of a rule promulgated under section 18(a)(1)(B) of the Federal 
        Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--The Commission shall enforce this 
                Act 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 Act.
                    (B) Privileges and immunities.--Any rental car 
                company that violates this Act or a regulation 
                promulgated under this Act 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) Authority preserved.--Nothing in this Act shall 
                be construed to limit or expand the authority of the 
                Commission under any other provision of law.
                    (D) Rulemaking.--Not later than 90 days after the 
                enactment of this Act, the Commission shall promulgate 
                in accordance with section 553 of title 5, United 
                States Code, such rules as may be necessary to carry 
                out this Act.
            (3) Effect on state law.--Nothing in this Act shall 
        preclude the application of the law of any State that requires 
        rental car companies to disclose more information to customers 
        regarding renting an electric motor vehicle.
    (d) Enforcement by Individuals.--
            (1) In general.--Any individual who has been harmed by a 
        violation of this Act by a rental car company may bring a civil 
        action against such company in a Federal court of competent 
        jurisdiction.
            (2) Relief.--In a civil action brought under paragraph (1) 
        in which the plaintiff prevails, the court may award the 
        plaintiff--
                    (A) an amount equal to the sum of any damages 
                sustained for each violation;
                    (B) reasonable attorney fees and litigation costs.
    (e) Definitions.--In this Act:
            (1) Airport.--The term ``airport'' has the meaning given 
        that term in section 40102 of title 49, United States Code.
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Electric motor vehicle.--The term ``electric motor 
        vehicle'' means a motor vehicle designed to operate exclusively 
        on electricity stored in a rechargeable battery, multiple 
        batteries, or a battery pack.
            (4) Motor vehicle.--The term ``motor vehicle'' means any 
        vehicle which is manufactured primarily for use on public 
        streets, roads, and highways (not including a vehicle operated 
        exclusively on a rail or rails) and which has at least 4 
        wheels.
            (5) Rental car company.--The term ``rental car company''--
                    (A) means any person engaged in the business of 
                renting motor vehicles of any type that--
                            (i) operates in 2 or more States;
                            (ii) operates on or within 5 miles of an 
                        airport; and
                            (iii) used for rental purposes a motor 
                        vehicle fleet of 1,000 or more motor vehicles, 
                        on average, during the most recent calendar 
                        year; and
                    (B) includes any entity that is a subsidiary of a 
                person described in subparagraph (A).
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