PRINTER'S NO. 1622

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1199

Session of

2024

INTRODUCED BY ROBINSON, LANGERHOLC, PENNYCUICK, FARRY, FONTANA,

KEARNEY, KANE, MILLER, DUSH, LAUGHLIN, BAKER AND BROOKS,

MAY 17, 2024

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:

business or other entity a price through the use of an event

ticket platform, lodging platform or food delivery platform that

does not prominently display the total price when the consumer

is first shown a price of a product or service, including

mandatory fees or charges that do not vary by consumer choices,

except for any taxes or fees imposed on the consumer by a

government or quasi-government entity or assessment fees of a

government-created special district or program, or that does not

prominently display mandatory fees or charges, including any

taxes or fees imposed on the consumer by a government or quasi-

mandatory fees are displayed to the consumer before the

transaction is completed. 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, other digital platform or any other service

for the purpose of searching for hotel, motel, inn, resort,

guest house, bed and breakfast establishment, hostelry or other

temporary lodging rooms and homestays for consumers to rent.

(B) "Food delivery platform" means a business that operates

or provides an Internet website, software application for a

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

(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 ticket platform to the extent that the

primary ticket platform is engaged in reselling or facilitating

ticket.

(I) "Ticket platform." A primary ticket platform or a

secondary ticket platform.

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

conduct which creates a likelihood of confusion or of

misunderstanding.

* * *

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