119-s-4401119th CongressWALLET

PRICE Act

Sponsored By: Senator Luján, Ben Ray [D-NM]

Introduced

Summary

Transparent, limited delivery fees for third-party delivery platforms. This bill would require platforms to use a fixed, disclosed pricing method and to show item prices, delivery fees, taxes, and an ongoing total clearly during the ordering process.

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  • Consumers would see the retail price for each item and any delivery fees shown prominently, an ongoing total while ordering, and a clear breakdown of each delivery fee before payment.
  • Third-party delivery platforms would have to set a fee-calculation method by the time a user selects a retail establishment and not change it once an order begins. That method may use the store's total price and delivery factors like distance but may not use customer traits or negotiated deals.
  • Retail establishments would be protected from platforms using negotiated arrangements to alter delivery fees, while platforms may still let users add gratuities.
  • Enforcement would be handled by the Federal Trade Commission under its unfair or deceptive acts authority and by state attorneys general, who can seek injunctions, damages, or restitution and generally must notify the FTC before suing.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

FTC and states enforce delivery rules

If enacted, violations would be treated as unfair or deceptive acts under the FTC Act and the FTC would enforce the rules. The FTC could write regulations under the Administrative Procedure Act. State attorneys general could sue on behalf of residents, but must notify the FTC first and the FTC may intervene. These enforcement rules would take effect 90 days after enactment.

Illegal to Run Noncompliant Delivery Apps

If enacted, the bill would make it unlawful to operate a third-party delivery platform unless it meets the pricing, calculation, and disclosure rules. The rule would apply to apps whose main job is same-day delivery and that are not owned by the store. The prohibition would start 90 days after enactment and noncompliant platforms could face FTC or state enforcement.

Clear price rules for delivery apps

If enacted, the bill would define which apps and sales it covers when it takes effect. It would stop apps from using a user’s past behavior or inferred willingness to pay to set delivery fees. Apps would have to set the fee method no later than when you pick a store and keep it fixed once you start an order. When you pick an item, apps would show the store price (excluding taxes) and any delivery fees, show a running total with item costs, taxes, and fees, and explain each delivery fee before you pay. Definitions take effect on enactment; the pricing and display rules would start 90 days after enactment.

Platforms can offer tipping options

If enacted, the bill would not stop delivery apps from letting users add a gratuity to an order. The provision would preserve apps' ability to accept tips for workers. This clarification would take effect 90 days after enactment.

Sponsors & CoSponsors

Sponsor

Luján, Ben Ray [D-NM]

NM • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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