Unfair or Deceptive Fees

The Federal Trade Commission (“FTC” or “Commission”) is promulgating a trade regulation rule titled Rule on Unfair or Deceptive Fees under the authority of section 18 of the Federal Trade Commission Act, (“FTC Act”), 15 U.S.C. 57a(b)(2), which grants the FTC the authority to promulgate, modify, or repeal trade regulation rules that define with specificity acts or practices that are unfair or deceptive in or affecting commerce within the meaning of section 5(a)(1) of the FTC Act, 15 U.S.C. 45(a)(1). The final rule includes disclosure obligations that, under certain circumstances, may constitute a collection of information for the purpose of the PRA. Specifically, final § 464.2(a) provides it is an unfair and deceptive practice for a business to offer, display, or advertise any price of a covered good or service—defined to consist of live-event tickets and short-term lodging—without clearly and conspicuously disclosing the total price, which is defined in final § 464.1 to permit the exclusion of government charges, shipping charges, and fees or charges for any optional ancillary good or service. While businesses may exclude these charges from total price in offers, displays, and advertisements, final § 464.2(c)(1) provides that, before a consumer consents to pay, a business must disclose clearly and conspicuously (i) the nature, purpose, and amount of any fee or charge imposed on the transaction that has been excluded from total price and the identity of the good or service for which the fee or charge is imposed and (ii) the final amount of payment for the transaction. Final § 464.2(b) relatedly provides that total price must be disclosed more prominently than any other pricing information; however, where the final amount of payment for the transaction is displayed, it must be more prominent than, or as prominent as, total price.

The latest form for Unfair or Deceptive Fees expires 2028-01-31 and can be found here.