Pennsylvania HB 1216: An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, further providing for definitions and for unlawful acts or practices and exclusions.

Bill Text

PRIOR PRINTER'S NO. 1364 PRINTER'S NO. 1949
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1216
Session of
2025
INTRODUCED BY FIEDLER, PROKOPIAK, KHAN, PROBST, SANCHEZ, PIELLI,
VENKAT, WAXMAN, KENYATTA, GIRAL, HOWARD, WARREN, HILL-EVANS,
SCHLOSSBERG, CIRESI, CEPEDA-FREYTIZ, MALAGARI, FREEMAN,
FLEMING, OTTEN, O'MARA, DEASY, GREEN, KRAJEWSKI, SHUSTERMAN,
KINKEAD, WEBSTER, SMITH-WADE-EL, GUZMAN, BOROWSKI, RIVERA AND
SCHWEYER, APRIL 15, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 17, 2025
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," further providing for definitions and for
unlawful acts or practices and exclusions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(4)(xxi) of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, is amended and clause (4) is amended by
adding a subclause to read:
Section 2. Definitions.--As used in this act.
* * *
(4) "Unfair methods of competition" and "unfair or deceptive
acts or practices" mean any one or more of the following:
* * *
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(xxi) Advertising, displaying or offering a price on an
event ticket, lodging platform or food delivery platform that
does not clearly and conspicuously display the total price at
the point in the shopping experience when the consumer is first
shown the product or service, including each mandatory fee or
charge that does not vary by consumer choice, or that does not
clearly or conspicuously display each mandatory fee or charge
associated with the sale of the product or service prior to
purchase, except for taxes imposed by a government entity. As
used in this subclause:
(XXI) ADVERTISING, DISPLAYING OR OFFERING BY ANY PERSON,
BUSINESS OR OTHER ENTITY A PRICE THROUGH THE USE OF A PRIMARY
TICKET PLATFORM, SECONDARY TICKET PLATFORM, ACCOMMODATIONS
BOOKING PLATFORM, HOMESTAY PLATFORM, HOTEL PLATFORM, LODGING
PLATFORM OR FOOD DELIVERY PLATFORM THAT DOES NOT PROMINENTLY
DISPLAY THE TOTAL PRICE WHEN THE CONSUMER IS FIRST SHOWN THE
PRODUCT OR SERVICE, INCLUDING EACH MANDATORY FEE OR CHARGE THAT
DOES NOT VARY BY CONSUMER CHOICES, EXCEPT FOR ANY TAXES OR FEES
IMPOSED ON THE CONSUMER BY A GOVERNMENT ENTITY OR ASSESSMENT
FEES OF A GOVERNMENT-CREATED SPECIAL DISTRICT OR PROGRAM. EACH
MANDATORY FEE OR CHARGE ASSOCIATED WITH THE SALE OF THE PRODUCT
OR SERVICE, INCLUDING ANY TAXES OR FEES IMPOSED ON THE CONSUMER
BY A GOVERNMENT ENTITY OR ASSESSMENT FEES OF A GOVERNMENT-
CREATED SPECIAL DISTRICT OR PROGRAM, SHALL BE PROMINENTLY
DISPLAYED PRIOR TO PURCHASE. AS USED IN THIS SUBCLAUSE:
(A) "Accommodations booking platform" means a business that
operates or provides an Internet website, software application
for a mobile device or other digital platform for the purpose of
searching for hotel rooms and homestays for consumers to
purchase RENT .
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(B) "Food delivery platform" means a business that operates
or provides an Internet website, software application for a
mobile device or other digital platform for the purpose of
facilitating the delivery of food and beverages to consumers.
The term shall not include direct delivery from a retail food
establishment or retail food facility as those terms are defined
in 3 Pa.C.S. § 5702 (relating to definitions).
(C) "Homestay platform" means a business that operates or
provides an Internet website software application for a mobile
device or other digital platform on which, in exchange for a fee
or other charge, an owner or lessee of a residential unit or a
room or space in a residential unit may advertise and conduct a
transaction for the rental of the unit or room or space for the
purposes of temporary lodging.
(D) "Hotel platform" means a hotel as defined in section 209
of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax
Reform Code of 1971," that operates or provides an Internet
website, software application for a mobile device or other
digital platform for the purpose of renting rooms for temporary
lodging.
(E) "Lodging platform" means an accommodations booking
platform, hotel platform or homestay platform.
(F) "Primary ticket platform" means a business that operates
or provides an Internet website, software application for a
mobile device or other digital platform for the purpose of
selling or facilitating the sale of tickets to purchasers.
(G) "Secondary ticket platform" means a business that
operates or provides an Internet website, software application
for a mobile device or other digital platform for the purpose of
reselling or facilitating the re