SEC. 101. PURPOSES AND RULES OF CONSTRUCTION.
(a) PURPOSES. The purposes of this Act are to protect consumers against deceptive or exploitative pricing; enable meaningful price and value comparisons; prevent unauthorized charges and obstruction of refunds or cancellation; preserve independent competition; and establish administrable national minimum protections.
(b) CONSUMER RIGHTS AND COMPETITION. This Act shall be construed to protect the rights expressly established by its provisions without prohibiting independent price reductions, legitimate innovation, or commercially reasonable practices that comply with those provisions.
(c) NO GENERAL PRICE CONTROL. Except for the express restrictions on essential-goods pricing, emergency prices, and specified charges established by this Act, this Act does not establish a general ceiling on prices, profits, wages, or lawful returns on investment.
(d) DISCLOSURE NOT A DEFENSE. Disclosure, consumer consent, a contractual provision, an industry practice, or the use of an automated system does not authorize a charge or practice prohibited by this Act.
SEC. 102. DEFINITIONS.
In this Act:
(1) AGENCY. The term “agency” means a Federal agency assigned authority under title XVI.
(2) ALGORITHMIC PRICING SYSTEM. The term “algorithmic pricing system” means a computational system that materially determines, recommends, personalizes, or changes a price, discount, fee, concession, or price-related offer ranking. The term does not include a system used solely to calculate an independently established price, applicable tax, unit conversion, or lawful discount.
(3) BUSINESS DAY. The term “business day” means a day other than Saturday, Sunday, or a Federal legal holiday. Unless otherwise specified, a reference to days means calendar days.
(4) CLEAR AND CONSPICUOUS. The term “clear and conspicuous” means difficult to miss, understandable to the intended audience, available before a decision to which the information relates, accessible under section 209, and presented in the same medium and language as the material offer. A disclosure shall not be contradicted or materially obscured by another representation.
(5) COMMISSION. The term “Commission” means the Federal Trade Commission.
(6) CONSUMER. The term “consumer” means a natural person acting primarily for personal, family, or household purposes, including a prospective purchaser, tenant, patient, borrower, or subscriber. For a generally available good or service sold under a standard-form agreement, the term also includes an eligible small purchaser, except where a provision necessarily applies only to a natural person.
(7) COVERED PERSON. The term “covered person” means a person engaged in commercial activity that offers, advertises, supplies, finances, arranges, facilitates, bills for, or collects payment for a covered transaction, including a commercial nonprofit enterprise and a person providing a pricing, payment, or marketplace service. The term includes a public enterprise only to the extent specified in section 2003.
(8) COVERED TRANSACTION. The term “covered transaction” means the purchase, rental, lease, license, subscription, financing, or other acquisition of a good, service, housing interest, digital entitlement, or consumer financial or insurance product in or affecting interstate or foreign commerce.
(9) ELIGIBLE SMALL PURCHASER. The term “eligible small purchaser” means an independently controlled enterprise with fewer than 50 full-time-equivalent employees and annual consolidated gross receipts not exceeding $10,000,000, adjusted under section 1905. The term excludes a purchaser acquiring goods for resale, substantial manufacturing inputs, securities for investment, or a business through a negotiated acquisition.
(10) ESSENTIAL GOOD OR SERVICE. The term “essential good or service” has the meaning given in section 601.
(11) FIRST PRICE REPRESENTATION. The term “first price representation” means the earliest communication by or on behalf of a covered person stating a price for an identified good, service, category, or offer, including an advertisement, shelf label, menu, search result, map, quote, voice response, chatbot response, or subscription solicitation.
(12) GOVERNMENT CHARGE. The term “government charge” means a tax, duty, or assessment imposed by law on the transaction or consumer and actually payable to a governmental body. A private charge for regulatory compliance, a concession payment, or a charge retained by a seller is not a government charge merely because it relates to a governmental requirement.
(13) LARGE COVERED PERSON. The term “large covered person” means a covered person having annual United States gross receipts of at least $100,000,000, adjusted under section 1905, or at least 1,000,000 paid consumer transactions in the preceding calendar year, aggregated under section 104.
(14) MANDATORY CHARGE. The term “mandatory charge” means an amount a consumer must pay to obtain the offer as presented, including a required payment to an affiliate or third party. An amount is mandatory if avoiding it requires foregoing an advertised material function, satisfying an undisclosed condition, or using an option not reasonably available to the consumer. A genuinely refundable deposit and a contingent charge under section 204 are not mandatory charges included in the total price, but remain subject to separate disclosure.
(15) MARKETPLACE. The term “marketplace” means a service that facilitates covered transactions between consumers and third-party sellers by controlling transaction listings, ordering, payment, or transaction completion. A service that solely transmits communications without controlling those functions is not a marketplace solely for that reason.
(16) MATERIAL. The term “material” means reasonably likely to affect a consumer’s economic decision, legal obligation, or ability to obtain the benefit of a transaction.
(17) OPTIONAL CHARGE. The term “optional charge” means an amount for a genuinely additional good or service that is not necessary to obtain the offer as presented, is not preselected, and is affirmatively selected after disclosure of its price.
(18) PERSONAL DATA. The term “personal data” means information reasonably linked or linkable to a natural person, household, account, device, or persistent identifier, including an inference drawn from that information.
(19) PRICING INTERMEDIARY. The term “pricing intermediary” means a person providing data, software, recommendations, model training, consulting, or other assistance that materially influences another person’s prices or commercial supply decisions.
(20) PUBLIC BASELINE PRICE. The term “public baseline price” means the contemporaneous total price genuinely available to consumers purchasing the same configuration through the same channel and fulfillment location without surveillance-based personalization. A purported baseline not offered in good faith is not a public baseline price.
(21) RECURRING ARRANGEMENT. The term “recurring arrangement” means an agreement under which a consumer incurs successive charges unless the consumer cancels or acts to prevent renewal. Its application is limited as provided in section 408.
(22) SENSITIVE DATA. The term “sensitive data” means information concerning race, ethnicity, religion, sex, sexual orientation, gender identity, disability, health, genetic or biometric identity, immigration status, precise geolocation, financial distress, eligibility for public assistance, status as a minor, or other characteristics protected by applicable civil-rights law. The term includes inferences and deliberately selected substitutes for such information.
(23) SMALL COVERED PERSON. The term “small covered person” means a covered person with fewer than 50 full-time-equivalent employees and annual consolidated gross receipts not exceeding $10,000,000, adjusted under section 1905 and aggregated under section 104.
(24) SURVEILLANCE PRICING. The term “surveillance pricing” means using personal data or an inference about a consumer’s willingness or ability to pay, urgency, vulnerability, or likelihood of comparison shopping to increase a price, withhold an otherwise available lower price, or steer the consumer away from a materially equivalent lower-priced offer.
(25) TOTAL PRICE. The term “total price” means the complete nonrefundable amount payable for the goods, services, quantity, duration, and conditions specified in the representation, including mandatory charges and government charges calculable under section 202. It does not include genuinely optional charges not selected, future contingent charges, or consumption not included in the stated offer.
(26) STATE. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States.
SEC. 103. COMMERCE AND TERRITORIAL APPLICATION.
(a) NEXUS. This Act applies to covered conduct in or affecting interstate or foreign commerce, including conduct using interstate communications, payment systems, distribution, or commercial supplies.
(b) FOREIGN CONDUCT. A foreign covered person is subject to this Act when the person purposefully offers a covered transaction to a consumer in the United States or engages in conduct causing direct, substantial, and reasonably foreseeable consumer injury in the United States. This subsection does not regulate a transaction occurring wholly abroad without that nexus.
(c) DISTRIBUTION CHANNELS. Duties apply without regard to whether an offer is made in person, through an intermediary, by an automated agent, or through another medium.
(d) TAXES AND PUBLIC SANCTIONS. This Act does not govern the amount or validity of a governmental tax, criminal fine, civil sanction imposed by a government, or court-ordered obligation. A private enterprise may not invoke this exclusion for its own charges.
SEC. 104. ATTRIBUTION, AFFILIATES, AND ANTI-EVASION.
(a) AGGREGATION. For revenue and employee thresholds, entities under common control shall be aggregated. Control means ownership of more than 50 percent of voting interests or actual authority to direct the relevant business operations.
(b) FRANCHISES. A common brand or franchise agreement alone does not establish control. A franchisor remains responsible for a pricing system, fee, or representation that it requires, controls, or knowingly causes.
(c) EVASION. A covered person shall not evade this Act through an affiliate, nominally separate transaction, alternate merchant identifier, artificial product substitution, required membership, bundled charge, contractual designation, or delegation to an automated system.
(d) ATTRIBUTION. A person is responsible for its own conduct and conduct it authorizes or knowingly directs. Mere ownership, employment, investment, or provision of general-purpose infrastructure does not by itself establish liability for another person’s violation.
(a) STANDARD. Where this Act requires consent, the covered person shall obtain an unambiguous affirmative action after a clear and conspicuous disclosure of the specific charge or material change. Silence, inactivity, a preselected option, acceptance of unrelated terms, or consent obtained through material deception does not constitute consent.
(b) PROOF. The covered person shall preserve evidence sufficient to establish the disclosed terms, time, method, and affirmative action, without retaining unnecessary personal data.
(c) AUTHENTICATION. Authentication shall be proportionate to the risk of unauthorized action. A covered person shall not demand a government identification document or sensitive information merely to create friction where less intrusive verification is reasonably adequate.
SEC. 106. INDEPENDENT STATUTORY DUTIES.
A duty or prohibition expressly established by this Act is independently enforceable under title XVII. Unless the applicable provision states otherwise, enforcement does not require a prior administrative order, a separately promulgated rule, or proof of all elements of a claim under another consumer-protection statute.