PRIOR PRINTER'S NO. 575

PRINTER'S NO. 2085

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

636

Session of

2023

INTRODUCED BY PISCIOTTANO, VENKAT, MARKOSEK, STEHR, SCHLOSSBERG,

KINSEY, SIEGEL, HILL-EVANS, KHAN, CIRESI, TAKAC, GERGELY,

PARKER, MALAGARI, CONKLIN, DEASY, KRAJEWSKI, KINKEAD, O'MARA,

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

* * *

(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

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

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.

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.

[(xxi)] (xxii) Engaging in any other fraudulent or deceptive

Section 2. Section 3(a) of the act is amended to read:

Section 3. Unlawful Acts or Practices; Exclusions.--(a)

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. The provisions of this

act shall not apply to any owner, agent or employe of any radio

or television station, or to any owner, publisher, printer,

agent or employe of an Internet service provider or a newspaper

or other publication, periodical or circular, who, in good faith