[Congressional Record Volume 171, Number 70 (Monday, April 28, 2025)]
[House]
[Pages H1647-H1650]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HOTEL FEES TRANSPARENCY ACT OF 2025
Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1479) to prohibit unfair and deceptive advertising of prices
for hotel rooms and other places of short-term lodging, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1479
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 ``Hotel Fees Transparency Act
of 2025''.
SEC. 2. PROHIBITION ON UNFAIR AND DECEPTIVE ADVERTISING OF
HOTEL ROOMS AND OTHER SHORT-TERM RENTAL PRICES.
(a) Prohibition.--
(1) In general.--It shall be unlawful for a covered entity
to display, advertise, market, or offer in interstate
commerce, including through direct offerings, third-party
distribution, or metasearch referrals, a price for covered
services that does not clearly, conspicuously, and
prominently--
(A) display the total services price, if a price is
displayed, in any advertisement, marketing, or price list
wherever the covered services are displayed, advertised,
marketed, or offered for sale;
(B) disclose to any individual who seeks to purchase
covered services the total services price at the time the
covered services are first displayed to the individual and
anytime thereafter throughout the covered services purchasing
process; and
(C) disclose, prior to the final purchase, any tax, fee, or
assessment imposed by any government entity, quasi-government
entity, or government-created special district or program on
the sale of covered services.
[[Page H1648]]
(2) Individual components.--Provided that such displays are
less prominent than the total service price required in
paragraph (1), nothing in this Act shall be construed to
prohibit the display of--
(A) individual components of the total price; or
(B) details of other items not required by paragraph (1).
(3) Indemnification provisions.--Nothing in this section
shall be construed to prohibit any covered entity from
entering into a contract with any other covered entity that
contains an indemnification provision with respect to price
or fee information disclosed, exchanged, or shared between
the covered entities that are parties to the contract.
(b) Enforcement.--
(1) Enforcement by the commission.--
(A) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a rule
defining an unfair or deceptive act or practice prescribed
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 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 Act.
(ii) 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.).
(iii) Authority preserved.--Nothing in this section shall
be construed to limit the authority of the 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 an interest of the residents of the
State has been or is being threatened or adversely affected
by a practice that violates subsection (a), 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 to obtain
appropriate relief.
(B) Rights of the commission.--
(i) Notice to the commission.--
(I) In general.--Except as provided in subclause (III), the
attorney general of a State, before initiating a civil action
under subparagraph (A) shall notify the Commission in writing
that the attorney general intends to bring such civil action.
(II) Contents.--The notification required by subclause (I)
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
subclause (I) before initiating a civil action under
subparagraph (A), the attorney general shall notify the
Commission immediately upon instituting the civil action.
(ii) Intervention by the commission.--The Commission may--
(I) intervene in any civil action brought by the attorney
general of a State under subparagraph (A); and
(II) upon intervening--
(aa) be heard on all matters arising in the civil action;
and
(bb) file petitions for appeal.
(C) Investigatory powers.--Nothing in this paragraph 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.
(D) Action by the commission.--Whenever a civil action has
been instituted by or on behalf of the Commission for
violation of subsection (a), no attorney general of a State
may, during the pendency of that action, institute an action
under subparagraph (A) against any defendant named in the
complaint in that action for a violation of subsection (a)
alleged in such complaint.
(E) Venue; service of process.--
(i) Venue.--Any action brought under subparagraph (A) 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.
(ii) Service of process.--In an action brought under
subparagraph (A), process may be served in any district in
which--
(I) the defendant is an inhabitant, may be found, or
transacts business; or
(II) venue is proper under section 1391 of title 28, United
States Code.
(F) Actions by other state officials.--
(i) In general.--In addition to civil actions brought by an
attorney general under subparagraph (A), any other officer of
a State who is authorized by the State to do so may bring a
civil action under subparagraph (A), subject to the same
requirements and limitations that apply under this paragraph
to civil actions brought by attorneys general.
(ii) Savings provision.--Nothing in this paragraph 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.
(3) Affirmative defense.--In any action pursuant to
paragraph (1) or (2), an intermediary or third-party online
seller may assert an affirmative defense if such intermediary
or third-party online seller--
(A) established procedures to receive up-to-date price
information from hotels or short-term rentals, or agents
acting on behalf of a hotel or short-term rental;
(B) relied in good faith on information provided to the
intermediary or third-party online seller by a hotel or
short-term rental, or agent acting on behalf of such hotel or
short-term rental, and such information was inaccurate at the
time it was provided to the intermediary or third-party
online seller; and
(C) took prompt action to remove or correct any false or
inaccurate information about the total services price after
receiving notice that such information was false or
inaccurate.
(c) Preemption.--
(1) In general.--A State, or political subdivision of a
State, may not maintain, enforce, prescribe, or continue in
effect any law, rule, regulation, requirement, standard, or
other provision having the force and effect of law of the
State, or political subdivision of the State, that prohibits
a covered entity from advertising, displaying, marketing, or
otherwise offering, or otherwise affects the manner in which
a covered entity may advertise, display, market, or otherwise
offer, for sale in interstate commerce, including through a
direct offering, third-party distribution, or metasearch
referral, a price of a reservation for a covered service, and
that requires fee disclosure, unless such provision requires
the total services price to include each service fee in
accordance with subsection (a)(1).
(2) Rule of construction.--This section may not be
construed to--
(A) preempt any law of a State or political subdivision of
a State relating to contracts or torts; or
(B) preempt any law of a State or political subdivision of
a State to the extent that such law relates to an act of
fraud, unauthorized access to personal information, or
notification of unauthorized access to personal information.
(d) Definitions.--In this Act:
(1) Base services price.--The term ``base services
price''--
(A) means, with respect to the covered services provided by
a hotel or short-term rental, the price in order to obtain
the covered services of the hotel or short-term rental; and
(B) does not include--
(i) any service fee;
(ii) any taxes or fees imposed by a government or quasi-
government entity;
(iii) assessment fees of a government-created special
district or program; or
(iv) any charges or fees for an optional product or service
associated with the covered services that may be selected by
a purchaser of covered services.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered entity.--The term ``covered entity'' means a
person, partnership, or corporation with respect to whom the
Commission has jurisdiction under section 5(a)(2) of the
Federal Trade Commission Act (15 U.S.C. 45(a)(2)),
including--
(A) a hotel or short-term rental;
(B) a third-party online seller; or
(C) an intermediary.
(4) Covered services.--The term ``covered services''--
(A) means the temporary provision of a room, building, or
other lodging facility; and
(B) does not include the provision of a meeting room,
banquet services, or catering services.
(5) Hotel.--The term ``hotel'' means an establishment that
is--
(A) primarily engaged in providing a covered service to the
general public; and
(B) promoted, advertised, or marketed in interstate
commerce or for which such establishment's services are sold
in interstate commerce.
(6) Intermediary.--The term ``intermediary'' means an
entity that operates either as a business-to-business
platform, consumer-facing platform, or both, that displays,
including through direct offerings, third-party distribution,
or metasearch referral, a price for covered services or price
comparison tools for consumers seeking covered services.
(7) Optional product or service.--The term ``optional
product or service'' means a product or service that an
individual does not need to purchase to use or obtain covered
services.
(8) Service fee.--The term ``service fee''--
(A) means a charge imposed by a covered entity that must be
paid in order to obtain covered services; and
(B) does not include--
(i) any taxes or fees imposed by a government or quasi-
government entity;
(ii) any assessment fees of a government-created special
district or program; or
(iii) any charges or fees for an optional product or
service associated with the covered services that may be
selected by a purchaser of covered services.
(9) Short-term rental.--The term ``short-term rental''
means a property, including a single-family dwelling or a
unit in a condominium, cooperative, or time-share, that
provides covered services (either with respect to the entire
property or a part of the property) to the general public--
(A) in exchange for a fee;
[[Page H1649]]
(B) for periods shorter than 30 consecutive days; and
(C) is promoted, advertised, or marketed in interstate
commerce or for which such property's services are sold in
interstate commerce.
(10) State.--The term ``State'' means each of the 50
States, the District of Columbia, and any territory or
possession of the United States.
(11) Third-party online seller.--The term ``third-party
online seller'' means any person other than a hotel or short-
term rental that sells covered services or offers for sale
covered services with respect to a hotel or short-term rental
in a transaction facilitated on the internet.
(12) Total services price.--The term ``total services''--
(A) means, with respect to covered services, the total cost
of the covered services, including the base services price
and any service fees; and
(B) does not include--
(i) any taxes or fees imposed by a government or quasi-
government entity;
(ii) any assessment fees of a government-created special
district or program; or
(iii) any charges or fees for an optional product or
service associated with the covered services that may be
selected by a purchaser of covered services.
(e) Effective Date.--The prohibition under subsection (a)
shall take effect 450 days after the date of the enactment of
this Act and shall apply to advertisements, displays,
marketing, and offers of covered services of a covered entity
made on or after such date.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Bilirakis) and the gentleman from New Jersey (Mr. Pallone)
each will control 20 minutes.
The Chair recognizes the gentleman from Florida.
{time} 1530
General Leave
Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material in the Record on this particular bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in strong support of H.R. 1479, the Hotel
Fees Transparency Act of 2025, led by Representative Kim.
This bipartisan legislation aims to prohibit unfair and deceptive
advertising of prices for hotel rooms and other short-term lodging by
requiring that all mandatory fees, including resort fees, be included
in the advertised price.
Hidden fees can significantly inflate the cost of accommodations,
leading to consumer frustration and eroding trust in the hospitality
industry. By ensuring transparent pricing, we empower consumers to make
informed decisions and promote fair competition among lodging
providers.
Mr. Speaker, I urge my colleagues to join me in voting in favor of
this particular bill, and I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to speak in support of H.R. 1479, the Hotel Fees
Transparency Act.
Far too often, when consumers go to check out of their hotel rooms,
they are hit with surprise fees. Hotels and online travel agencies have
many names for these types of fees: resort fees, amenities fees, and
facilities fees, to name just a few. Regardless of what they are
called, surprise fees that consumers do not expect make it impossible
to comparison shop and impose undue burdens on household finances.
H.R. 1479, the Hotel Fees Transparency Act, is a bipartisan bill that
would ensure that companies disclose all mandatory fees when they
advertise the price of a hotel room or other place of short-term
lodging.
This bill would also require hotels and other providers of short-term
lodging to provide the total cost of a room to any internet website or
other third party that the provider has allowed to advertise, market,
display, or otherwise offer the short-term lodging for sale.
By ensuring everyone in the short-term lodging ecosystem displays the
full price of a stay, we will protect consumers from being caught
paying extra when they go to check out.
Mr. Speaker, I thank Representatives Castor, Mullin, Kim, and Fry for
their bipartisan leadership on this issue, and I reserve the balance of
my time.
Mr. BILIRAKIS. Mr. Speaker, I yield such time as she may consume to
the gentlewoman from the State of California (Mrs. Kim), who is a very
effective lawmaker.
Mrs. KIM. Mr. Speaker, I thank Representative Bilirakis for yielding.
Mr. Speaker, I rise in strong support of my bill, H.R. 1479, the
Hotel Fees Transparency Act.
Hidden fees on short-term lodging, whether it is at hotels, motels,
inns, resorts, or rentals, make it harder for families to plan for a
trip.
Too often, what looks like an affordable overnight stay online turns
out to be far more expensive once these deceptive charges are added.
Additionally, the way these prices are advertised are fragmented and
not uniform.
Americans deserve price transparency so that they can appropriately
budget for their travels.
The Hotel Fees Transparency Act requires providers of short-term
lodging to disclose upfront the full cost of a stay, including all
mandatory and service fees. It would also require the lodging and
booking industries to clearly display the final price of a stay,
providing transparency for consumers and improving American tourism and
hospitality.
Mr. Speaker, I thank Representatives Castor, Fry, and Mullin for
their collaboration on this bipartisan, commonsense, pro-consumer
legislation, and I urge my colleagues to support the Hotel Fees
Transparency Act.
Mr. PALLONE. Mr. Speaker, I yield 4 minutes to the gentlewoman from
Florida (Ms. Castor), who is the Democratic sponsor of the bill and who
is also the ranking member of our committee's Energy Subcommittee.
Ms. CASTOR of Florida. Mr. Speaker, I thank Mr. Pallone for yielding
the time, and I thank Chairman Bilirakis for his partnership in this
endeavor, as well.
Mr. Speaker, I rise in strong support of H.R. 1479, the Hotel Fees
Transparency Act, to help families save money and to ensure that their
hard-earned vacations go as planned. I thank Representatives Kim,
Mullin, and Fry for partnering with me on this bipartisan legislation
that will increase cost transparency for hotels, motels, and short-term
rentals.
Mr. Speaker, have you ever planned a vacation and when you searched
online, you thought you found a great deal at a hotel or a short-term
rental, but then you were surprised at check-in or check-out that there
were a lot of surprise fees added on?
This piece of legislation will prohibit that kind of unfair or
misleading price advertising for hotels and rentals. It will require
accurate price listings that must include all mandatory and resort
fees.
I have to say that it is a privilege to represent the State of
Florida in the Congress, and I know my friend, Mr. Bilirakis, will
agree. We enjoy welcoming visitors from all across the Nation and all
across the globe to Florida for their vacations.
Unfortunately--it is not just in Florida--but sometimes visitors
arrive and are surprised by a lot of these resort fees and add-ons that
were not part of the bargain.
That is not fair. Consumers deserve to see upfront prices when they
plan their budgets and vacations. They shouldn't have to play a
guessing game when planning a trip about what the final cost of their
vacation will be. The cost of living right now is very high, and it is
just not fair to allow this kind of unfair behavior to continue.
Mr. Speaker, I urge all of my colleagues in the House to pass the
Hotel Fees Transparency Act. It will be a win for families and
consumers. It is about fairness, transparency, and allowing hardworking
families to focus on making memories together and not worrying about
surprise charges and costs.
Mr. Speaker, I urge a ``yes'' vote.
Mr. PALLONE. Mr. Speaker, I urge bipartisan support for this
legislation. It is another consumer protection bill, like the TICKET
Act, that provides transparency where it doesn't exist right now.
Mr. Speaker, I yield back the balance of my time.
Mr. BILIRAKIS. Mr. Speaker, I urge a ``yes'' vote. I thank, again,
Representatives Kim, Mullin, Fry, and Kathy Castor of Florida, my good
[[Page H1650]]
friend, and others who worked for this particular bill, a good consumer
bill. Again, let's get this done as soon as possible.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Bilirakis) that the House suspend the rules
and pass the bill, H.R. 1479.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________