PRICE Act
Sponsored By: Senator Luján, Ben Ray [D-NM]
Introduced
Summary
Pricing transparency would require third-party delivery platforms to show clear item prices and fixed delivery fees to stop surprise charges. It would ban using inferred user traits or retailer deals to set delivery prices.
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- Customers would see the retailer's item price (excluding taxes) and any delivery fees prominently. They would get a running order total and a clear fee breakdown before paying, and could still add a tip.
- Restaurants and other retail establishments would be protected from platforms basing customer fees on negotiated arrangements with the retailer.
- Platforms would have to set a delivery-fee calculation method no later than when a user selects a retailer and not change the fee once an order begins. The calculation must rely only on the retailer price and delivery factors like distance and not on user behavior proxies.
- The Federal Trade Commission would enforce the rule as unfair or deceptive practices and State attorneys general could sue for injunctions, damages, or restitution after notifying the FTC.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
FTC and state enforcement powers
If enacted, violations of this bill would count as unfair or deceptive acts under the Federal Trade Commission Act. The FTC would have its usual powers to enforce the rules and would have to write regulations under federal rulemaking procedures to carry out the bill. State attorneys general would also be able to sue on behalf of state residents to stop violations, get damages or restitution, and seek other relief. State AGs would generally need to notify the FTC before filing, and the FTC could intervene and, if it sues, limit parallel state actions while its case is pending.
New delivery-fee rules for consumers
If enacted, starting 90 days after enactment delivery apps that charge delivery fees would have to use a fee method set no later than the time you pick a store and that method could not change after you begin an order. Delivery fees would only be allowed to rely on the store's item prices (not taxes or platform fees) and delivery-related factors like distance, and could not be based on guessed user traits or deals between the app and the store. The app would have to show each item's retail price (excluding taxes), any delivery fee for that item, and a running total with taxes and fees. Before asking you to pay, the app would have to clearly explain each delivery fee, the fee amount, the item it relates to, and whether it is refundable. Platforms could still let you add a gratuity. Beginning 90 days after enactment it would be unlawful for a third-party delivery platform to operate unless it follows these pricing and disclosure rules.
Definitions for delivery platforms
If enacted, the bill would define key terms used by the rules. The "Commission" would mean the Federal Trade Commission. A "delivery fee" would be any fee a platform charges above the in-person or menu price. A "retail establishment" would be a physical store or restaurant. A "third-party delivery platform" would be a site or app whose main job is arranging same-day delivery and that is not owned or operated by the store.
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.
View on Congress.gov