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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6430 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6430
To limit and eliminate excessive, hidden, and unnecessary fees imposed
on consumers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 4, 2025
Ms. Bynum (for herself and Mrs. Sykes) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To limit and eliminate excessive, hidden, and unnecessary fees imposed
on consumers, and for other purposes.
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 ``Junk Fee Prevention Act''.
SEC. 2. PROTECTING CONSUMERS FROM EXCESSIVE AND HIDDEN FEES.
(a) Protecting Consumers From Hidden Fees.--
(1) In general.--A covered entity shall clearly and
conspicuously display, in each advertisement and when a price
is first shown to a consumer, the total price of the good or
service provided by the covered entity, including any mandatory
fees a consumer would incur during the purchase of the good or
service and any mandatory government charge related to such
purchase.
(2) Price consistency.--A covered entity shall ensure that
any mandatory fee incurred by a consumer during the purchase
process does not change from that advertised to the consumer.
(b) Excessive Fees.--A covered entity shall not impose on a
consumer or advertise any mandatory fees that are excessive or
deceptive for any good or service offered by the covered entity.
(c) Ticket Holdbacks.--If a good or service provided by a covered
entity is a ticket to a sporting event, theater, musical performance,
or other live performance that an audience watches as the live
performance occurs, the covered entity shall, not less than 72 hours
prior to the first public sale or presale of such ticket, clearly and
conspicuously disclose to the public, including at the point of sale,
the total number of tickets offered for sale by the covered entity or
available for the given event.
(d) Protecting Refunds.--A covered entity shall clearly and
conspicuously disclose any guarantee or refund policy prior to the
completion of a transaction by the consumer and, in the event of a
refund, provide a refund in the amount of the total cost of the ticket
including any mandatory fees.
(e) Speculative Ticketing.--If a covered entity does not possess a
ticket at the time of the sale, it shall provide to the consumer--
(1) a clear and conspicuous notice that the covered entity
does not possess the ticket; and
(2) a full refund if the covered entity cannot provide the
ticket advertised to the consumer in a timely manner prior to
the event.
(f) Rulemaking on Excessive and Hidden Fees.--The Federal Trade
Commission may promulgate rules in accordance with section 553 of title
5, United States Code, regarding the disclosure and imposition of
mandatory or deceptive fees, including any such fee not described in
subsections (a) through (e).
(g) Excessive Fees.--In considering whether a mandatory fee is
excessive, the Federal Trade Commission or court shall take into
consideration--
(1) whether the fee is reasonable and proportional to the
cost of the good or service provided by the covered entity;
(2) the reason for which the covered entity charges such
fee; and
(3) any other factors determined appropriate by the Federal
Trade Commission or the court.
(h) Enforcement.--
(1) Enforcement by the commission.--
(A) Unfair or deceptive acts or practices.--A
violation of this section or a regulation promulgated
thereunder shall be treated as a violation of a rule
defining an unfair or deceptive act or practice 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 Federal Trade
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 section.
(ii) Privileges and immunities.--Any person
who violates this section or a regulation
promulgated thereunder 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 Federal Trade 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 a covered entity has
violated or is violating this section or a regulation
promulgated thereunder that affects the residents of
that State, the State, as parens patriae, may bring a
civil action in any appropriate district court of the
United States, to--
(i) enjoin any further violation by the
covered entity;
(ii) enforce compliance with this section
or such regulation;
(iii) obtain other remedies permitted under
State law; and
(iv) obtain damages, restitution, or other
compensation on behalf of residents of the
State.
(B) Notice.--The attorney general of a State shall
provide prior written notice of any action under
subparagraph (A) to the Commission and provide the
Commission with a copy of the complaint in the action,
except in any case in which such prior notice is not
feasible, in which case the attorney general shall
serve such notice immediately upon instituting such
action.
(C) Intervention by the commission.--Upon receiving
notice under subparagraph (B), the Commission shall
have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(D) Limitation on state action while federal action
is pending.--If the Commission has instituted a civil
action for violation of this section or a regulation
promulgated thereunder, no attorney general of a State,
or official or agency of a State, may bring a separate
action under subparagraph (A) during the pendency of
that action against any defendant named in the
complaint of the Commission for any violation of this
section or a regulation promulgated thereunder that is
alleged in the complaint. An attorney general of a
State, or official or agency of a State, may join a
civil action for a violation of this section or a
regulation promulgated thereunder filed by the
Commission.
(E) Rule of construction.--For purposes of bringing
a civil action under subparagraph (A), nothing in this
section shall be construed to prevent the chief law
enforcement officer or official or agency of a State,
from exercising the powers conferred on such chief law
enforcement officer or official or agency of a State,
by the laws of the State to conduct investigations,
administer oaths or affirmations, or compel the
attendance of witnesses or the production of
documentary and other evidence.
(i) Definitions.--In this section:
(1) Covered entity.--
(A) In general.--The term ``covered entity''
means--
(i) a provider of short-term lodging or an
online platform that allows for the booking of
short-term lodging;
(ii) a provider of a ticketing service that
sells tickets for an event or retains the
authority to otherwise distribute tickets for
such event, whether as a primary seller of
tickets or in the secondary marketplace for
ticket sales; or
(iii) any other entity determined
appropriate by the Commission through a
rulemaking in accordance with section 553 of
title 5, United States Code.
(B) Short-term lodging.--
(i) In general.--Except as provided in
clause (ii), the term ``short-term lodging''
means any lodging that is offered for an
occupancy of less than 6 months or temporary
sleeping accommodations at a hotel, motel, inn,
short-term rental, vacation rental, or other
place of lodging.
(ii) Exclusion.--The term ``short-term
lodging'' shall not include an accommodation of
6 months or more through a landlord-tenant
relationship.
(2) Deceptive fee.--The term ``deceptive fee'' includes--
(A) any fee for which the nature, purpose, amount,
or refundability of such fee is misrepresented; and
(B) any mandatory fee misrepresented as an optional
fee that a consumer must opt out of.
(3) Mandatory fee.--The term ``mandatory fee'' includes--
(A) any fee or surcharge that a consumer is
required to pay to purchase a good or service being
advertised;
(B) a fee or surcharge that is not reasonably
avoidable;
(C) a fee or surcharge for a good or service that a
reasonable consumer would not expect to be included
with the purchase of the good or service being
advertised; or
(D) any other fee or surcharge determined
appropriate by the Commission.
SEC. 3. COMMUNICATIONS SERVICE FEES.
(a) Ending Early Termination Fees.--
(1) In general.--A provider of a covered service may not
charge a fee to, or impose a requirement that is excessive or
unreasonable on, a consumer for the termination of a covered
service before the end of any period specified in any agreement
between the provider and the consumer.
(2) Ending excess billing cycle charges.--After termination
of a covered service, the provider of the covered service shall
provide to the consumer a prorated credit or rebate for the
remaining days in the billing cycle.
(3) Device purchase and return.--This subsection does not
prevent a provider of a covered service from charging a
consumer for--
(A) the cost of rental or loan equipment that is
not returned to the provider within a reasonable period
of time; or
(B) the outstanding cost of a purchased device.
(4) Regulations.--The Federal Communications Commission may
promulgate regulations to carry out this subsection.
(b) Truth in Billing and Advertising.--
(1) Aggregate price transparency in billing.--
(A) In general.--A provider of a covered service
shall state an aggregate price for the covered service
through a single, clear, easy-to-understand, and
accurate line item on the bill of a consumer, including
a bill for a legacy or grandfathered covered service
plan.
(B) Disclosure of end date of introductory or
temporary price.--A provider of a covered service shall
state, on the bill of each consumer paying an
introductory or temporary price, the date on which the
introductory or temporary price ends by disclosing--
(i) either--
(I) the period during which the
discounted price will be charged; or
(II) the date on which the period
will end, resulting in a price change
for the covered service; and
(ii) the post-promotion rate not later
than--
(I) 60 days before the date on
which the introductory or temporary
price ends; and
(II) 30 days before such date.
(C) Itemization.--A provider of a covered service
may state an itemized explanation of the elements that
compose the aggregate price required by subparagraph
(A) on the bill of a consumer.
(2) Aggregate price transparency for promotional
materials.--
(A) In general.--A provider of a covered service
that communicates a price for the covered service in
promotional materials shall state an aggregate price
for the covered service and, at the option of the
provider of the covered service, an itemized
explanation of the elements of such price in a clear,
easy-to-understand, and accurate manner.
(B) Disclosure of location-dependent pricing.--If
the aggregate price described in subparagraph (A)
fluctuates based on service location, the provider of a
covered service shall state where and how a consumer
may obtain the location-specific aggregate price, such
as electronically or by contacting a customer service
or sales representative.
(C) Disclosure of temporary aggregate pricing.--If
part or all of the aggregate price described in
subparagraph (A) is temporary, a provider of a covered
service shall state the post-promotion rate, the date
on which the post-promotion rate was calculated, and
the period for which each rate applies in the
promotional materials.
(D) Itemization.--A provider of a covered service
may state an itemized explanation of the elements that
compose the aggregate price required by subparagraph
(A) in the promotional materials.
(E) Exception.--The requirements under this
paragraph shall not apply to the marketing of legacy or
grandfathered covered service plans that are not
generally available to new customers.
(c) Rulemaking on Mandatory Fees.--
(1) Initial rulemaking proceeding.--Not later than 180 days
after the date of enactment of this Act, the Federal
Communications Commission shall commence a rulemaking
proceeding--
(A) to consider whether and how the Federal
Communications Commission should--
(i) require the disclosure of mandatory
fees with respect to a covered service; or
(ii) prohibit the imposition of mandatory
fees with respect to a covered service, in
particular any such fee that a consumer would
reasonably assume to be included in the
advertised price of such service; and
(B) in which the Federal Communications Commission
may promulgate regulations to implement the
requirements or prohibitions described in subparagraph
(A).
(2) Subsequent study or regulations.--Any time after the
completion of the rulemaking proceeding required under
paragraph (1), the Federal Communications Commission may
conduct a study or promulgate regulations regarding mandatory
fees with respect to covered services.
(d) Enforcement.--
(1) In general.--A violation of this section or a
regulation promulgated under this section shall be treated as a
violation of the Communications Act of 1934 (47 U.S.C. 151 et
seq.) or a regulation promulgated under that Act.
(2) Manner of enforcement.--The Federal Communications
Commission shall enforce this section and the regulations
promulgated under 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
Communications Act of 1934 (47 U.S.C. 151 et seq.) were
incorporated into and made a part of this section.
(e) Definitions.--In this section:
(1) Covered service.--The term ``covered service''--
(A) means--
(i) broadband internet access service (as
defined in section 8.1(b) of title 47, Code of
Federal Regulations (or any successor
regulation));
(ii) voice service (as defined in section
227(e)(8) of the Communications Act of 1934 (47
U.S.C. 227(e)(8)));
(iii) commercial mobile service (as defined
in section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d)));
(iv) commercial mobile data service (as
defined in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C.
1401)); or
(v) a service provided by a multichannel
video programming distributor (as defined in
section 602 of the Communications Act of 1934
(47 U.S.C. 522)), to the extent that such
distributor is acting as a multichannel video
programming distributor; and
(B) includes any other service offered or provided
as part of a bundle or package with any service
described in clauses (i) through (v) of subparagraph
(A).
(2) Mandatory fee.--The term ``mandatory fee'' includes--
(A) any fee or surcharge that a consumer is
required to pay to purchase a covered service;
(B) any fee or surcharge that is not reasonably
avoidable;
(C) a fee or surcharge for a good or service that a
reasonable consumer would not expect to be included
with the purchase of the good or service being
advertised; and
(D) any other fee or surcharge determined
appropriate by the Federal Communications Commission.
(3) Promotional material.--The term ``promotional
material'' includes video programming in which a provider of a
covered service advertises or markets a covered service to
consumers.
SEC. 4. AIR CARRIER ANCILLARY FEE TRANSPARENCY.
(a) Reporting Requirements.--Section 41708 of title 49, United
States Code, is amended by adding at the end the following new
subsection:
``(d) Ancillary Fees.--
``(1) Quarterly reports.--
``(A) In general.--The Secretary shall require any
air carrier or foreign air carrier operating in the
United States to file with the Secretary a report for
each quarter of the fiscal year on the total revenue
such air carrier or foreign air carrier earned from
ancillary fees (as defined in paragraph (2)).
``(B) Contents.--A quarterly report filed by an air
carrier or foreign air carrier under subparagraph (A)
shall include, at a minimum, the following information:
``(i) The revenue received from ancillary
fees during the reporting period, provided in
an exact dollar amount, including--
``(I) the total amount received;
``(II) the total amount
disaggregated by each critical
ancillary service provided; and
``(III) the total amount
disaggregated by class of service.
``(ii) The manner in which the air carrier
or foreign air carrier collects ancillary fees,
including whether the fee for a critical
ancillary service is included in the base fare
price or charged to the consumer through
another method.
``(iii) The average dollar amount charged
to a consumer for each critical ancillary
service provided.
``(C) Publication.--Notwithstanding section
329(b)(1)(A), the Secretary shall compile the
information provided in the quarterly reports filed
pursuant to subparagraph (A) in a single quarterly
report (which shall include a comparison of the total
revenue received from ancillary fees by each air
carrier or foreign air carrier) and publish such report
on the internet website of the Department of
Transportation.
``(2) Definitions.--For purposes of this subsection:
``(A) Ancillary fees.--The term `ancillary fees'
means any fee charged, through a direct payment or
other form of compensation, by an air carrier or
foreign air carrier for the provision of--
``(i) a critical ancillary service; or
``(ii) any other service not subject to
taxation under section 4261 of the Internal
Revenue Code of 1986.
``(B) Critical ancillary service.--The term
`critical ancillary service' means, with respect to an
air carrier or foreign air carrier, any supplemental
service provided by the air carrier or foreign air
carrier that is critical to the purchasing decision of
a consumer, including--
``(i) transporting checked or carry-on
baggage;
``(ii) modifying or canceling a
reservation;
``(iii) selecting or otherwise indicating a
preference for seating on an aircraft; or
``(iv) any other service determined
appropriate by the Secretary.''.
(b) Record Requirements.--Section 41709(a) of title 49, United
States Code, is amended by inserting ``(including information regarding
the source of revenue and whether such money was received from a base
fare price or from an ancillary fee (as defined in section 41708(d))''
after ``receipts and expenditures of money''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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