[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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