Foundation analysis · Human Rights Strengthening

New to the docket · September 20, 2026

PRICING Act of 2026

Foundation draft · Not enacted law

A national consumer-pricing proposal for complete first prices, meaningful recurring consent, protection against surveillance pricing and emergency gouging, and enforceable billing, refund, and digital-purchase rights.

Document & filing details

Price Reliability, Integrity, Consumer Information, and No-Gouging Act

Federal legislative discussion draft · 26,567 words · 20 titles · 160 sections

Bill
Foundation docket TTF-2026-014 · No official bill number
Sponsor
Sergei Shik, True Tomorrow Foundation
Congress
119th Congress (2025–2026) · model submission
Committee referral
Proposed: Energy and Commerce; Financial Services; Judiciary; Transportation and Infrastructure; Ways and Means; Education and Workforce
Filing date
Not filed · discussion draft, September 20, 2026
Submission contents
20-title bill with 160 sections, including the opening short-title and contents sections; consumer rights, sector rules, judicial remedies, funding authorizations, and phased implementation

Foundation model docket. Identifiers and proposed referrals are internal and are not official congressional or legislative assignments.

A guide to this proposal

Start with the idea.
Go as deep as you need.

People would see the real total before committing, cancel covered subscriptions without obstruction, challenge improper charges, and receive protection when personal data, emergencies, or hidden changes in value are used against them. The proposal combines general consumer rights with rules for housing, health care, finance, travel, and digital products.

Transparent prices and refundsSubscription choiceSurveillance pricing and competitionEssential goods and emergency protection

Foundation Analysis

An honest price, a meaningful choice, and a remedy when the bargain changes.

The proposal follows a transaction from its first advertised price through billing, renewal, cancellation, and redress. It also regulates the conduct behind the price: personal-data use, shared competitor information, essential-goods surges, and changes in quantity or paid features.

In plain language: People would see the real total before committing, cancel covered subscriptions without obstruction, challenge improper charges, and receive protection when personal data, emergencies, or hidden changes in value are used against them. The proposal combines general consumer rights with rules for housing, health care, finance, travel, and digital products.

01

Core design

Disclosure is backed by enforceable duties. Mandatory charges enter the first price; optional purchases require separate consent; covered subscriptions become easier to leave; and refunds, price-history records, medical estimates, and digital-value protections make the represented bargain testable. Essential-goods and emergency provisions impose substantive pricing limits, while lawful nonpersonal pricing and genuine discounts remain possible.

02

Delivery challenge

Retailers, platforms, landlords, hospitals, lenders, and communications providers use very different billing systems. Tax integration, portable screening reports, medical estimates, pricing audits, and technical data formats need coordinated rules and tested implementation. Cost defenses and new-supplier provisions seek to preserve supply, but effects on availability, base prices, quality, and market participation require evaluation.

03

Legal posture

The draft expressly addresses sector exclusions, monetary remedies, arbitration, platform immunity, insurance, benefit plans, and transportation preemption. Court-based enforcement, concrete-injury requirements, jury safeguards, and limits on duplicate recovery improve procedural clarity. Standing, statutory coordination, proportionality, and the scope of particular applications still need introduction counsel and judicial review.

04

Fiscal posture

Sections 1901–1902 authorize $350 million in the first full fiscal year and $300 million in each of the next four: $1.55 billion before inflation adjustments, in September 2026 dollars. These are authorizations for future appropriations, not funds supplied by the bill. No official score, nationwide savings estimate, compliance-cost estimate, or net deficit estimate accompanies the draft.

Foundation assessment

the strongest feature is the connection between understandable prices and practical rights after purchase. Legislative review should stress-test essential-goods supply effects, agency capacity, sector-law crosswalks, litigation exposure, and small-business implementation. The seven-day emergency provisions also need an explicit transition cross-reference to their supporting definitions and cost rules. The complete supplied text is preserved below.

Foundation discussion draft, dated September 20, 2026; not introduced or enacted. Proposed thresholds and funding are policy choices. The research below distinguishes existing law and agency proposals from this draft; no official fiscal score is represented.

Policy Brief

Consumer protection across the life of a purchase.

This is a new addition to the policy library. The 160-section count includes the two opening sections and 158 sections within Titles I–XX. The source download is the supplied comprehensive substitute draft.

Legislative scope
20 titles

160 sections covering prices, consent, competition, sector protections, and enforcement.

Five-year authorization
$1.55B

Before inflation adjustments. Separate appropriations would be needed to fund administration.

Core rights begin
180 days

Measured from enactment. Emergency, sector, and technical provisions have distinct schedules.

01 / Titles II–III

The total comes first

Mandatory fees and calculable taxes would enter the first displayed price after their phase-in. Optional extras need separate consent, billing disputes receive deadlines, and unlawful charges must be returned.

02 / Title IV

Recurring means revocable

Covered online cancellation would take at most two affirmative actions after proportionate authentication. Price increases and material benefit reductions ordinarily require 30 days’ notice and fresh consent. Sector-specific exclusions remain.

03 / Titles V & VII

A boundary on personal pricing

Personal data could not be used to exploit willingness to pay or vulnerability by raising a price or hiding an otherwise available cheaper offer. Pricing systems could not knowingly combine competitors’ current or forward-looking nonpublic information. Lawful risk underwriting, public pricing, and genuine discounts remain possible.

04 / Title VI

Necessities during a shock

Emergency prices would be capped at the greater of 110% of a qualifying baseline or that baseline plus documented unit-cost increases, without stacking the allowances. Ordinary essential-goods rules also restrict specified demand-driven surges.

05 / Titles IX–XIV

Sector protections that matter

The bill adds rental, medical, financial, travel, digital-purchase, repair, and other transaction rules. For uninsured or self-pay care, an estimate generally could not be exceeded by more than the lesser of 10% or $100, subject to stated exceptions.

06 / Titles XVI–XVIII

Rights with a route to redress

Federal, State, Tribal, and qualifying private actions would use court review and safeguards against duplicate recovery. Small firms receive guidance, targeted assistance, and a limited cure for first nonwillful technical violations; refunds remain due.

Funding in the supplied draft

Authorization is a request for funding.

Sections 1901–1905 state amounts in September 2026 dollars and provide inflation adjustments. The first-year amount includes $50 million in startup authorization. Penalties and speculative household savings are not counted as offsets. Substantive rights do not sunset with the five-year authorization.

First full fiscal year
$350 million
Each of the next four years
$300 million
Five-year total before inflation
$1.55 billion
Funds appropriated by this draft
None

Research & Scrutiny

What the evidence supports.
What still needs testing.

Foundation analysis of the supplied September 20, 2026 draft, checked against the official sources linked below. These sources establish context; they do not validate every provision or estimate.

01

All-in pricing would reach further

The FTC’s existing Fees Rule covers live-event tickets and short-term lodging and permits specified taxes and shipping to be disclosed later. PRICING would broaden covered transactions and require calculable taxes in the first price after phase-in. The existing rule does not establish the proposal’s wider national standard.

02

Personalized pricing is an active policy question

In August 2026, the FTC sought comment on a draft enforcement policy addressing potentially deceptive personalized pricing. The agency expressly recognized limits on its ability to prohibit the practice in all circumstances. PRICING would create a broader statutory restriction; the FTC proposal is not evidence of an existing blanket ban.

03

Cancellation rights need a stable legal basis

The FTC’s March 2026 negative-option inquiry followed the vacated 2024 amendments. This draft would place its cancellation and renewal duties in legislation. Its two-action standard is a proposed requirement, not a description of the current nationwide rule.

04

Medical estimates are not the same as dispute thresholds

CMS describes an existing process for eligible uninsured or self-pay patients billed at least $400 above a good-faith estimate. The draft instead proposes a tighter collection limit and its own dispute protections. The current $400 eligibility threshold is not permission for arbitrary smaller overcharges.

05

Emergency rules need both supply and timing tests

California’s existing emergency framework provides a useful comparison, but its baseline, exceptions, and time limits differ from this federal proposal. Our review also flags a transition question: section 2006 activates emergency sections 604–609 after seven days while other Title VI provisions generally start later. Counsel should expressly align the supporting definitions and cost rules.

06

Explicit remedies address real legal constraints

AMG Capital held that FTC Act section 13(b) did not authorize the monetary relief at issue. Jarkesy required a jury for the SEC securities-fraud penalties at issue. Our assessment is that express redress powers and judicial enforcement respond to these concerns; neither decision validates this bill’s full remedy scheme.

Read the complete legislation

Full Text

Read the legislation.

The complete September 20, 2026 discussion draft follows in its original order. All proposed numerical limits, rights, and deadlines belong to the bill; the Foundation’s research and assessment above are separate editorial analysis.

Front matter & document guide

PRICING ACT OF 2026

Price Reliability, Integrity, Consumer Information, and No-Gouging Act

COMPREHENSIVE SUBSTITUTE DISCUSSION DRAFT

20 titles • 160 sections

September 20, 2026

Proposed Federal legislation. Not introduced or enacted. All new rights, numerical thresholds, and authorizations are proposed policy choices.

A BILL

To require complete and accurate consumer prices; prohibit deceptive fees, surveillance pricing, emergency price gouging, and certain anticompetitive pricing practices; establish rights concerning billing, recurring charges, refunds, and changes in the value of goods and services; 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 “Price Reliability, Integrity, Consumer Information, and No-Gouging Act” or the “PRICING Act of 2026”.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

TITLE I. GENERAL PROVISIONS

Sec. 101. Purposes and rules of construction.

Sec. 102. Definitions.

Sec. 103. Commerce and territorial application.

Sec. 104. Attribution, affiliates, and anti-evasion.

Sec. 105. Informed affirmative consent.

Sec. 106. Independent statutory duties.

TITLE II. COMPLETE, COMPARABLE, AND ACCESSIBLE PRICES

Sec. 201. All-in first price.

Sec. 202. Taxes, location, and genuinely undeterminable amounts.

Sec. 203. Shipping, delivery, baskets, and fulfillment.

Sec. 204. Deposits, holds, and contingent charges.

Sec. 205. Usage, estimates, and spending limits.

Sec. 206. Conditional prices, financing, and rebates.

Sec. 207. Binding quotes and changes in scope.

Sec. 208. Shelf, scanner, and transaction integrity.

Sec. 209. Accessibility and languages.

Sec. 210. Consumer-directed comparison and price data.

TITLE III. FEES, BILLING, DISPUTES, AND REFUNDS

Sec. 301. Prohibited charges.

Sec. 302. Optional extras and gratuities.

Sec. 303. Payment-method charges.

Sec. 304. Contingent fees and claims for damage.

Sec. 305. Itemized and durable receipts.

Sec. 306. Billing disputes.

Sec. 307. Refund deadlines and methods.

Sec. 308. Systemic errors and unauthorized collection.

Sec. 309. Retaliation and review suppression.

TITLE IV. SUBSCRIPTIONS, RENEWALS, AND SWITCHING

Sec. 401. Enrollment and recurring consent.

Sec. 402. Trials, renewal notices, and reminders.

Sec. 403. Price increases and material reductions.

Sec. 404. Cancellation without obstruction.

Sec. 405. Prepayments, bundles, and exit charges.

Sec. 406. Hardship, death, and service failure.

Sec. 407. Intermediaries and payment authority.

Sec. 408. Sectoral limitations.

TITLE V. DYNAMIC PRICING, SURVEILLANCE, AND ALGORITHMIC ACCOUNTABILITY

Sec. 501. Prohibition on surveillance pricing.

Sec. 502. Sensitive data and privacy choices.

Sec. 503. Permitted pricing and underwriting.

Sec. 504. Notice of permitted variable pricing.

Sec. 505. Price locks and inventory.

Sec. 506. Queues, session integrity, and targeted friction.

Sec. 507. Consumer explanations.

Sec. 508. Impact assessments and certification.

Sec. 509. Independent audits.

Sec. 510. Vendor duties and human responsibility.

TITLE VI. ESSENTIAL GOODS, EMERGENCIES, AND SUPPLY PROTECTION

Sec. 601. Essential goods and services.

Sec. 602. Ordinary essential-goods pricing stability.

Sec. 603. Cost justification and anti-evasion.

Sec. 604. Emergency activation and duration.

Sec. 605. Emergency maximum prices.

Sec. 606. Baselines, seasonality, and new entrants.

Sec. 607. Emergency market manipulation.

Sec. 608. Marketplace emergency duties.

Sec. 609. Supply monitoring and public warnings.

TITLE VII. COMPETITION, MARKETPLACES, AND COMMERCIAL INTERMEDIARIES

Sec. 701. Nonpublic competitor data in pricing systems.

Sec. 702. Lawful information and independent price setting.

Sec. 703. Lower-price freedom and parity restrictions.

Sec. 704. Marketplace responsibility for controlled conduct.

Sec. 705. Notice, correction, and seller appeals.

Sec. 706. Conditional marketplace safe harbor.

Sec. 707. Ranking, sponsorship, and price sorting.

Sec. 708. Consumer purchasing agents.

Sec. 709. Relation to communications immunity.

TITLE VIII. DISCOUNTS, UNIT VALUE, QUANTITY, AND QUALITY CHANGES

Sec. 801. Genuine reference prices.

Sec. 802. Market comparisons and savings claims.

Sec. 803. False urgency, scarcity, and social proof.

Sec. 804. Standardized unit pricing.

Sec. 805. Quantity reductions and replacement products.

Sec. 806. Manufacturer information duties.

Sec. 807. Material reductions in included features.

Sec. 808. Price history and comparison records.

Sec. 809. Materially identical necessities and gender labels.

TITLE IX. HOUSING, UTILITIES, AND COMMUNICATIONS

Sec. 901. Rental offers and move-in costs.

Sec. 902. Applications, screening, and quoted rent.

Sec. 903. Security deposits and deposit-replacement products.

Sec. 904. Lease changes, renewals, and unlawful fees.

Sec. 905. Utility rebilling and required service providers.

Sec. 906. Regulated utilities and variable energy products.

Sec. 907. Telecommunications and broadband price labels.

Sec. 908. Switching, portability, and outage credits.

TITLE X. HEALTH CARE, PHARMACY, AND INSURANCE PRICING

Sec. 1001. Coordinated estimates for scheduled care.

Sec. 1002. Estimate reliance and unapproved excess charges.

Sec. 1003. Health billing integrity.

Sec. 1004. Health-bill disputes and collection pauses.

Sec. 1005. Prescription price choice.

Sec. 1006. Insurance premiums, fees, and renewals.

Sec. 1007. Cooperation and limits on rate authority.

TITLE XI. CONSUMER CREDIT, PAYMENTS, AND FINANCIAL FEES

Sec. 1101. Financial price presentation.

Sec. 1102. Installment purchase financing.

Sec. 1103. Overdraft, declined transactions, and representment.

Sec. 1104. Late fees and credit-related penalties.

Sec. 1105. Payment authorization and retries.

Sec. 1106. Foreign exchange and remittance prices.

Sec. 1107. Financial corrections and credit information.

TITLE XII. TRAVEL, TICKETING, DELIVERY, AND TRANSPORTATION

Sec. 1201. Ticket offers and speculative sales.

Sec. 1202. Ticket cancellations and material changes.

Sec. 1203. Airfare and other travel prices.

Sec. 1204. Lodging, vacation rentals, and packages.

Sec. 1205. Rental vehicles, tolls, fuel, and charging.

Sec. 1206. Delivery platforms and priority services.

Sec. 1207. Motor-fuel and electric-vehicle price displays.

Sec. 1208. Nonconsensual towing and vehicle storage.

TITLE XIII. DIGITAL PURCHASES, CONNECTED PRODUCTS, REPAIR, AND VIRTUAL VALUE

Sec. 1301. Ownership, licenses, and support periods.

Sec. 1302. Removal of paid features and service sunsets.

Sec. 1303. Closed-loop digital currency and credits.

Sec. 1304. Minors and randomized paid rewards.

Sec. 1305. Automated and artificial-intelligence usage charges.

Sec. 1306. Repair estimates and access.

Sec. 1307. Warranties and optional protection plans.

TITLE XIV. HIGH-RISK TRANSACTIONS AND CONSUMER CHOICE

Sec. 1401. Motor-vehicle sales.

Sec. 1402. Education, training, and required materials.

Sec. 1403. Childcare, eldercare, and personal care.

Sec. 1404. Funeral, cemetery, and end-of-life services.

Sec. 1405. Moving, home services, and goods held for payment.

Sec. 1406. Distance-sale withdrawal for ordinary goods.

Sec. 1407. Practical payment access for essential retail purchases.

Sec. 1408. Captive-market commercial charges.

TITLE XV. RECORDS, PRIVACY, AND EVIDENCE

Sec. 1501. Proportionate recordkeeping.

Sec. 1502. Data minimization and retention limits.

Sec. 1503. Security, privilege, and confidential submissions.

Sec. 1504. Agency data use and sharing.

Sec. 1505. Consumer evidence and confidentiality terms.

Sec. 1506. Public price research and coordination risks.

TITLE XVI. AGENCIES, RULEMAKING, AND ADMINISTRATION

Sec. 1601. Express federal authority.

Sec. 1602. Sectoral authority and coordination.

Sec. 1603. Rulemaking authority and limits.

Sec. 1604. Deadlines and operative statutory duties.

Sec. 1605. Complaint and referral system.

Sec. 1606. Consumer education and business guidance.

Sec. 1607. Inspections and information demands.

TITLE XVII. ENFORCEMENT, REMEDIES, AND PROCEDURAL FAIRNESS

Sec. 1701. Civil enforcement and burden of proof.

Sec. 1702. Judicial adjudication and investigative review.

Sec. 1703. Express monetary and equitable remedies.

Sec. 1704. Civil penalties.

Sec. 1705. Coordination and no duplicate recovery.

Sec. 1706. State and tribal public enforcement.

Sec. 1707. Private right of action.

Sec. 1708. Nonwaiver and arbitration.

Sec. 1709. Limitation periods and tolling.

Sec. 1710. Responsible individuals, successors, and insolvency.

Sec. 1711. Whistleblowers and anti-retaliation.

Sec. 1712. Corrective relief and essential access.

TITLE XVIII. SMALL-BUSINESS COMPLIANCE AND LAWFUL INNOVATION

Sec. 1801. Compliance assistance.

Sec. 1802. First technical violation cure.

Sec. 1803. Model forms and advisory opinions.

Sec. 1804. Phased technical compliance.

Sec. 1805. Lawful business practices.

TITLE XIX. FUNDING, EVALUATION, AND PUBLIC ACCOUNTABILITY

Sec. 1901. Authorization of appropriations.

Sec. 1902. Allocations and eligible uses.

Sec. 1903. Consumer redress and penalty accounting.

Sec. 1904. Consolidated annual report and independent review.

Sec. 1905. Inflation adjustment.

Sec. 1906. Five-year policy review.

TITLE XX. FEDERALISM, LEGAL COORDINATION, AND EFFECTIVE DATES

Sec. 2001. National floor and interpretive rules.

Sec. 2002. Express coordination with other federal laws.

Sec. 2003. Public entities and sovereign immunity.

Sec. 2004. Nondelegation of core policy and judicial review.

Sec. 2005. Severability.

Sec. 2006. Effective dates and transition.

Sec. 2007. Budget execution and continuing rights.

TITLE I. GENERAL PROVISIONS

SEC. 101. PURPOSES AND RULES OF CONSTRUCTION.

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.

SEC. 104. ATTRIBUTION, AFFILIATES, AND ANTI-EVASION.

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.

TITLE II. COMPLETE, COMPARABLE, AND ACCESSIBLE PRICES

SEC. 201. ALL-IN FIRST PRICE.

SEC. 202. TAXES, LOCATION, AND GENUINELY UNDETERMINABLE AMOUNTS.

SEC. 203. SHIPPING, DELIVERY, BASKETS, AND FULFILLMENT.

SEC. 204. DEPOSITS, HOLDS, AND CONTINGENT CHARGES.

SEC. 205. USAGE, ESTIMATES, AND SPENDING LIMITS.

SEC. 206. CONDITIONAL PRICES, FINANCING, AND REBATES.

SEC. 207. BINDING QUOTES AND CHANGES IN SCOPE.

SEC. 208. SHELF, SCANNER, AND TRANSACTION INTEGRITY.

SEC. 209. ACCESSIBILITY AND LANGUAGES.

SEC. 210. CONSUMER-DIRECTED COMPARISON AND PRICE DATA.

TITLE III. FEES, BILLING, DISPUTES, AND REFUNDS

SEC. 301. PROHIBITED CHARGES.

SEC. 302. OPTIONAL EXTRAS AND GRATUITIES.

SEC. 303. PAYMENT-METHOD CHARGES.

SEC. 304. CONTINGENT FEES AND CLAIMS FOR DAMAGE.

SEC. 305. ITEMIZED AND DURABLE RECEIPTS.

SEC. 306. BILLING DISPUTES.

SEC. 307. REFUND DEADLINES AND METHODS.

SEC. 308. SYSTEMIC ERRORS AND UNAUTHORIZED COLLECTION.

SEC. 309. RETALIATION AND REVIEW SUPPRESSION.

A covered person shall not increase a price, revoke an otherwise available benefit, obstruct account access, threaten an unsupported collection action, or condition a refund on silence because a consumer made a good-faith complaint, supplied evidence to an agency, consulted counsel, or published a truthful review. A settlement may protect legitimately confidential personal or business information, but shall not prevent reporting a suspected violation to a public authority.

TITLE IV. SUBSCRIPTIONS, RENEWALS, AND SWITCHING

SEC. 402. TRIALS, RENEWAL NOTICES, AND REMINDERS.

SEC. 403. PRICE INCREASES AND MATERIAL REDUCTIONS.

SEC. 404. CANCELLATION WITHOUT OBSTRUCTION.

SEC. 405. PREPAYMENTS, BUNDLES, AND EXIT CHARGES.

SEC. 406. HARDSHIP, DEATH, AND SERVICE FAILURE.

SEC. 407. INTERMEDIARIES AND PAYMENT AUTHORITY.

SEC. 408. SECTORAL LIMITATIONS.

TITLE V. DYNAMIC PRICING, SURVEILLANCE, AND ALGORITHMIC ACCOUNTABILITY

SEC. 501. PROHIBITION ON SURVEILLANCE PRICING.

SEC. 502. SENSITIVE DATA AND PRIVACY CHOICES.

SEC. 503. PERMITTED PRICING AND UNDERWRITING.

SEC. 504. NOTICE OF PERMITTED VARIABLE PRICING.

SEC. 505. PRICE LOCKS AND INVENTORY.

SEC. 506. QUEUES, SESSION INTEGRITY, AND TARGETED FRICTION.

SEC. 507. CONSUMER EXPLANATIONS.

SEC. 508. IMPACT ASSESSMENTS AND CERTIFICATION.

SEC. 509. INDEPENDENT AUDITS.

SEC. 510. VENDOR DUTIES AND HUMAN RESPONSIBILITY.

TITLE VI. ESSENTIAL GOODS, EMERGENCIES, AND SUPPLY PROTECTION

SEC. 601. ESSENTIAL GOODS AND SERVICES.

SEC. 602. ORDINARY ESSENTIAL-GOODS PRICING STABILITY.

(1) a bona fide scheduled public price adjustment announced at least 7 days in advance and not calculated to exploit a transient event described in subsection (a);

(2) a documented pass-through of an actual increase in reasonable unit supply, labor, transportation, or other directly attributable costs;

(3) a generally available reduction, clearance price, freshness markdown, coupon, or assistance discount, or restoration of the genuine prepromotion price on an expiration date clearly announced before the promotion began;

(4) a published public-transit fare or regulated rate specifically approved by the competent public authority; and

(5) a published time-of-use utility rate approved under section 906.

SEC. 603. COST JUSTIFICATION AND ANTI-EVASION.

SEC. 604. EMERGENCY ACTIVATION AND DURATION.

SEC. 605. EMERGENCY MAXIMUM PRICES.

(1) 110 percent of the baseline unit price determined under section 606; or

(2) the baseline unit price plus the documented increase in reasonable unit costs attributable to obtaining and supplying the good or service.

SEC. 606. BASELINES, SEASONALITY, AND NEW ENTRANTS.

SEC. 607. EMERGENCY MARKET MANIPULATION.

SEC. 608. MARKETPLACE EMERGENCY DUTIES.

SEC. 609. SUPPLY MONITORING AND PUBLIC WARNINGS.

TITLE VII. COMPETITION, MARKETPLACES, AND COMMERCIAL INTERMEDIARIES

SEC. 701. NONPUBLIC COMPETITOR DATA IN PRICING SYSTEMS.

SEC. 702. LAWFUL INFORMATION AND INDEPENDENT PRICE SETTING.

SEC. 703. LOWER-PRICE FREEDOM AND PARITY RESTRICTIONS.

SEC. 704. MARKETPLACE RESPONSIBILITY FOR CONTROLLED CONDUCT.

SEC. 705. NOTICE, CORRECTION, AND SELLER APPEALS.

SEC. 706. CONDITIONAL MARKETPLACE SAFE HARBOR.

SEC. 707. RANKING, SPONSORSHIP, AND PRICE SORTING.

SEC. 708. CONSUMER PURCHASING AGENTS.

SEC. 709. RELATION TO COMMUNICATIONS IMMUNITY.

Notwithstanding section 230 of the Communications Act of 1934 (47 U.S.C. 230), a civil action may enforce an affirmative pricing, payment, disclosure, or compliance duty expressly imposed by this Act on a marketplace or agent with respect to its own commercial conduct. This section does not impose general publisher liability for unrelated third-party speech, require general monitoring of noncommercial expression, or eliminate the safe harbor in section 706.

TITLE VIII. DISCOUNTS, UNIT VALUE, QUANTITY, AND QUALITY CHANGES

SEC. 801. GENUINE REFERENCE PRICES.

SEC. 802. MARKET COMPARISONS AND SAVINGS CLAIMS.

SEC. 803. FALSE URGENCY, SCARCITY, AND SOCIAL PROOF.

A covered person shall not use a countdown, queue, stock warning, purchase counter, popularity statement, or booking notice that materially misstates the duration, availability, demand, or activity to which it refers. A timer that resets for successive consumers may be used only if clearly identified as an individual offer period and not represented as a market-wide final deadline. A stock statement shall distinguish the seller’s own allotment from total market supply where that distinction is material.

SEC. 804. STANDARDIZED UNIT PRICING.

SEC. 805. QUANTITY REDUCTIONS AND REPLACEMENT PRODUCTS.

SEC. 806. MANUFACTURER INFORMATION DUTIES.

SEC. 807. MATERIAL REDUCTIONS IN INCLUDED FEATURES.

SEC. 808. PRICE HISTORY AND COMPARISON RECORDS.

SEC. 809. MATERIALLY IDENTICAL NECESSITIES AND GENDER LABELS.

TITLE IX. HOUSING, UTILITIES, AND COMMUNICATIONS

SEC. 901. RENTAL OFFERS AND MOVE-IN COSTS.

SEC. 902. APPLICATIONS, SCREENING, AND QUOTED RENT.

SEC. 903. SECURITY DEPOSITS AND DEPOSIT-REPLACEMENT PRODUCTS.

SEC. 904. LEASE CHANGES, RENEWALS, AND UNLAWFUL FEES.

SEC. 905. UTILITY REBILLING AND REQUIRED SERVICE PROVIDERS.

SEC. 906. REGULATED UTILITIES AND VARIABLE ENERGY PRODUCTS.

SEC. 907. TELECOMMUNICATIONS AND BROADBAND PRICE LABELS.

SEC. 908. SWITCHING, PORTABILITY, AND OUTAGE CREDITS.

TITLE X. HEALTH CARE, PHARMACY, AND INSURANCE PRICING

SEC. 1001. COORDINATED ESTIMATES FOR SCHEDULED CARE.

SEC. 1002. ESTIMATE RELIANCE AND UNAPPROVED EXCESS CHARGES.

SEC. 1003. HEALTH BILLING INTEGRITY.

SEC. 1004. HEALTH-BILL DISPUTES AND COLLECTION PAUSES.

SEC. 1005. PRESCRIPTION PRICE CHOICE.

SEC. 1006. INSURANCE PREMIUMS, FEES, AND RENEWALS.

SEC. 1007. COOPERATION AND LIMITS ON RATE AUTHORITY.

TITLE XI. CONSUMER CREDIT, PAYMENTS, AND FINANCIAL FEES

SEC. 1101. FINANCIAL PRICE PRESENTATION.

SEC. 1102. INSTALLMENT PURCHASE FINANCING.

SEC. 1103. OVERDRAFT, DECLINED TRANSACTIONS, AND REPRESENTMENT.

SEC. 1105. PAYMENT AUTHORIZATION AND RETRIES.

SEC. 1106. FOREIGN EXCHANGE AND REMITTANCE PRICES.

SEC. 1107. FINANCIAL CORRECTIONS AND CREDIT INFORMATION.

TITLE XII. TRAVEL, TICKETING, DELIVERY, AND TRANSPORTATION

SEC. 1201. TICKET OFFERS AND SPECULATIVE SALES.

SEC. 1202. TICKET CANCELLATIONS AND MATERIAL CHANGES.

SEC. 1203. AIRFARE AND OTHER TRAVEL PRICES.

SEC. 1204. LODGING, VACATION RENTALS, AND PACKAGES.

SEC. 1205. RENTAL VEHICLES, TOLLS, FUEL, AND CHARGING.

SEC. 1206. DELIVERY PLATFORMS AND PRIORITY SERVICES.

SEC. 1207. MOTOR-FUEL AND ELECTRIC-VEHICLE PRICE DISPLAYS.

SEC. 1208. NONCONSENSUAL TOWING AND VEHICLE STORAGE.

TITLE XIII. DIGITAL PURCHASES, CONNECTED PRODUCTS, REPAIR, AND VIRTUAL VALUE

SEC. 1301. OWNERSHIP, LICENSES, AND SUPPORT PERIODS.

SEC. 1302. REMOVAL OF PAID FEATURES AND SERVICE SUNSETS.

SEC. 1303. CLOSED-LOOP DIGITAL CURRENCY AND CREDITS.

SEC. 1304. MINORS AND RANDOMIZED PAID REWARDS.

SEC. 1305. AUTOMATED AND ARTIFICIAL-INTELLIGENCE USAGE CHARGES.

SEC. 1306. REPAIR ESTIMATES AND ACCESS.

SEC. 1307. WARRANTIES AND OPTIONAL PROTECTION PLANS.

TITLE XIV. HIGH-RISK TRANSACTIONS AND CONSUMER CHOICE

SEC. 1401. MOTOR-VEHICLE SALES.

SEC. 1402. EDUCATION, TRAINING, AND REQUIRED MATERIALS.

SEC. 1403. CHILDCARE, ELDERCARE, AND PERSONAL CARE.

SEC. 1404. FUNERAL, CEMETERY, AND END-OF-LIFE SERVICES.

SEC. 1405. MOVING, HOME SERVICES, AND GOODS HELD FOR PAYMENT.

SEC. 1406. DISTANCE-SALE WITHDRAWAL FOR ORDINARY GOODS.

SEC. 1407. PRACTICAL PAYMENT ACCESS FOR ESSENTIAL RETAIL PURCHASES.

SEC. 1408. CAPTIVE-MARKET COMMERCIAL CHARGES.

TITLE XV. RECORDS, PRIVACY, AND EVIDENCE

SEC. 1501. PROPORTIONATE RECORDKEEPING.

SEC. 1502. DATA MINIMIZATION AND RETENTION LIMITS.

SEC. 1503. SECURITY, PRIVILEGE, AND CONFIDENTIAL SUBMISSIONS.

SEC. 1504. AGENCY DATA USE AND SHARING.

SEC. 1505. CONSUMER EVIDENCE AND CONFIDENTIALITY TERMS.

SEC. 1506. PUBLIC PRICE RESEARCH AND COORDINATION RISKS.

An agency publishing market-wide price research shall use aggregation, delay, suppression of small cells, and other reasonable methods to prevent reidentification of consumers or disclosure of nonpublic competitively sensitive information. The agency shall not establish a public exchange of competitors’ future pricing intentions in the name of transparency.

TITLE XVI. AGENCIES, RULEMAKING, AND ADMINISTRATION

SEC. 1601. EXPRESS FEDERAL AUTHORITY.

SEC. 1602. SECTORAL AUTHORITY AND COORDINATION.

(1) the Department of Transportation, for air transportation and other transportation within its statutory responsibilities;

(2) the Federal Communications Commission, for communications services;

(3) the Department of Health and Human Services, for health-care, pharmacy, and health-insurance pricing;

(4) the Consumer Financial Protection Bureau, for consumer financial products and services;

(5) the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, and National Credit Union Administration, for institutions they supervise;

(6) the Department of Labor, for employee-benefit arrangements within its jurisdiction;

(7) the Department of Education, for education providers within its jurisdiction; and

(8) the Department of Justice, for competition violations and other enforcement referred to or undertaken by the Attorney General under this Act.

SEC. 1603. RULEMAKING AUTHORITY AND LIMITS.

SEC. 1604. DEADLINES AND OPERATIVE STATUTORY DUTIES.

SEC. 1605. COMPLAINT AND REFERRAL SYSTEM.

SEC. 1606. CONSUMER EDUCATION AND BUSINESS GUIDANCE.

The Commission shall maintain plain-language consumer rights materials, sector-specific business guides, model price labels, sample receipts, cancellation interfaces, dispute templates, and open technical standards. Materials shall be accessible and usable without purchasing proprietary compliance software. Guidance shall clearly distinguish statutory requirements, binding rules, and nonbinding recommendations.

SEC. 1607. INSPECTIONS AND INFORMATION DEMANDS.

TITLE XVII. ENFORCEMENT, REMEDIES, AND PROCEDURAL FAIRNESS

SEC. 1701. CIVIL ENFORCEMENT AND BURDEN OF PROOF.

SEC. 1702. JUDICIAL ADJUDICATION AND INVESTIGATIVE REVIEW.

SEC. 1703. EXPRESS MONETARY AND EQUITABLE REMEDIES.

SEC. 1704. CIVIL PENALTIES.

SEC. 1705. COORDINATION AND NO DUPLICATE RECOVERY.

SEC. 1706. STATE AND TRIBAL PUBLIC ENFORCEMENT.

SEC. 1707. PRIVATE RIGHT OF ACTION.

SEC. 1708. NONWAIVER AND ARBITRATION.

SEC. 1709. LIMITATION PERIODS AND TOLLING.

SEC. 1710. RESPONSIBLE INDIVIDUALS, SUCCESSORS, AND INSOLVENCY.

SEC. 1711. WHISTLEBLOWERS AND ANTI-RETALIATION.

SEC. 1712. CORRECTIVE RELIEF AND ESSENTIAL ACCESS.

In fashioning relief, a court shall protect consumers against continuing violations while considering continuity of essential service, safety, privacy, and the effect on innocent employees and suppliers. A court may require an orderly corrective plan rather than immediate shutdown where that plan promptly stops the unlawful practice and adequately secures consumer redress. Business continuity does not excuse continued collection of an unlawful charge.

TITLE XVIII. SMALL-BUSINESS COMPLIANCE AND LAWFUL INNOVATION

SEC. 1801. COMPLIANCE ASSISTANCE.

SEC. 1802. FIRST TECHNICAL VIOLATION CURE.

SEC. 1803. MODEL FORMS AND ADVISORY OPINIONS.

SEC. 1804. PHASED TECHNICAL COMPLIANCE.

SEC. 1805. LAWFUL BUSINESS PRACTICES.

TITLE XIX. FUNDING, EVALUATION, AND PUBLIC ACCOUNTABILITY

SEC. 1901. AUTHORIZATION OF APPROPRIATIONS.

SEC. 1902. ALLOCATIONS AND ELIGIBLE USES.

(1) $200,000,000 is authorized for the Commission, including $50,000,000 for State and Tribal enforcement grants and $20,000,000 for small-business assistance;

(2) $40,000,000 is authorized for the Department of Health and Human Services;

(3) $20,000,000 is authorized for the Consumer Financial Protection Bureau;

(4) $15,000,000 is authorized for the Department of Transportation;

(5) $10,000,000 is authorized for the Federal Communications Commission; and

(6) $5,000,000 each is authorized for the Departments of Labor, Education, and Justice.

SEC. 1903. CONSUMER REDRESS AND PENALTY ACCOUNTING.

SEC. 1904. CONSOLIDATED ANNUAL REPORT AND INDEPENDENT REVIEW.

SEC. 1905. INFLATION ADJUSTMENT.

SEC. 1906. FIVE-YEAR POLICY REVIEW.

SEC. 2001. NATIONAL FLOOR AND INTERPRETIVE RULES.

SEC. 2002. EXPRESS COORDINATION WITH OTHER FEDERAL LAWS.

SEC. 2003. PUBLIC ENTITIES AND SOVEREIGN IMMUNITY.

SEC. 2004. NONDELEGATION OF CORE POLICY AND JUDICIAL REVIEW.

SEC. 2005. SEVERABILITY.

If a provision of this Act, a remedy, an application to a sector or person, or an implementing rule is held invalid, the remainder and its lawful applications shall not be affected. The disclosure, fee, surveillance, emergency, competition, dispute, and refund provisions are intended to operate independently to the extent administratively workable and consistent with their text.

SEC. 2006. EFFECTIVE DATES AND TRANSITION.

SEC. 2007. BUDGET EXECUTION AND CONTINUING RIGHTS.

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