HB 636 — 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.

PRIOR PRINTER'S NO.

575 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

6362085 2023THE INTRODUCEDGENERAL BYASSEMBLY PISCIOTTANO,OF VENKAT,PENNSYLVANIA MARKOSEK,HOUSE STEHR,BILL SCHLOSSBERG,Session KINSEY, SIEGEL, HILL-EVANS, KHAN, CIRESI AND TAKAC, MARCH 21, 2023 REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND UTILITIES, MARCH 21, 2023 AN ACT Amending the act of DecemberNo. 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 District Attorneys certain powers and duties and providing penalties," further providing for definitions and for unlawful acts or practices and exclusions.

636 2023 INTRODUCED BY PISCIOTTANO, VENKAT, MARKOSEK, STEHR, SCHLOSSBERG, KINSEY, SIEGEL, HILL-EVANS, KHAN, CIRESI, TAKAC, GERGELY, PARKER, MALAGARI, CONKLIN, DEASY, KRAJEWSKI, KINKEAD, O'MARA, SAMUELSON, GREEN AND OTTEN, MARCH 21, 2023 AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 3, 2023 AN ACT Amending the act of December 17, 1968 (P.L.1224, No.387), 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.

* * * (xxi) Advertising, displaying or offering a price for goods <-- or services that does not include all mandatory fees or charges other than taxes imposed by a government entity.

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:

(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.

(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 20230HB0636PN2085 - 2 - 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 RESALE OF TICKETS TO PURCHASERS, INCLUDING A PRIMARY TICKETING PLATFORM TO THE EXTENT THAT THE PLATFORM IS ENGAGED IN RESELLING OR FACILITATING THE RESALE OF TICKETS TO PURCHASERS.

(H) "TICKET" MEANS A PRINTED, ELECTRONIC OR OTHER LICENSE ISSUED BY A PRIMARY TICKET PLATFORM OR SECONDARY TICKET PLATFORM FOR ADMISSION TO AN EVENT AT THE DATE AND TIME SPECIFIED ON THE TICKET.

Exclusions.--(a) 20230HB0636PN2085 - 3 - Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce as defined by subclauses (i) through [(xxi)] (xxii) of clause (4) of section 2 of this act and regulations promulgated under section 3.1 of this act are hereby declared unlawful.

This act shall take effect in 60 180 days.

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