S. 4401

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4401 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4401

To require third-party delivery platforms to follow certain pricing 
practices, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 27, 2026

Mr. Lujan introduced the following bill; which was read twice and 
referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

A BILL

To require third-party delivery platforms to follow certain pricing 
practices, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Promoting Real-time Information on 
Cost Expenditure Act'' or the ``PRICE Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Commission.--The term ``Commission'' means the Federal 
Trade Commission.
(2) Delivery fee.--The term ``delivery fee'' means any fee 
imposed by a third-party delivery platform on a user of the 
platform with respect to an order placed through the platform 
of items from a retail establishment that is in addition to any 
charge that the retail establishment would impose on the sale 
of the same items if they were purchased by an individual who 
is physically present in such establishment. In the case of a 
retail establishment that does not offer items for sale to 
individuals who are physically present in such establishment, 
such term shall include any fee imposed by a third-party 
delivery platform that is in addition to the menu or retail 
price for the items ordered.
(3) Retail establishment.--The term ``retail 
establishment'' means a physical establishment (including a 
restaurant) where items (including food, beverages, or other 
goods) are offered for sale to individuals who--
(A) are physically present in such establishment; 
or
(B) place orders through a third-party delivery 
platform.
(4) Third-party delivery platform.--The term ``third-party 
delivery platform'' means any website, mobile application, or 
other internet service that--
(A) as its primary function, offers or arranges for 
the sale and same-day delivery of items (including food 
beverages, or other goods) from a retail establishment; 
and
(B) is not owned by, under common ownership with, 
operated by, or a subsidiary of the retail 
establishment.

SEC. 3. PRICING REQUIREMENTS FOR THIRD-PARTY DELIVERY PLATFORMS.

(a) In General.--Beginning 90 days after the date of enactment of 
this Act, it shall be unlawful to operate a third-party delivery 
platform unless such platform satisfies the requirements described in 
subsection (b).
(b) Pricing Requirements.--The requirements described in this 
subsection, with respect to a third-party delivery platform, are the 
following:
(1) If the third-party delivery platform charges 1 or more 
delivery fees for an order from a retail establishment, any 
such delivery fee shall be--
(A) calculated using a methodology that is 
determined no later than the time the user placing the 
order selects the retail establishment and may not 
change once the user has begun their order from the 
retail establishment; and
(B) based solely on--
(i) the total price charged by the retail 
establishment for items ordered by the user, 
excluding any taxes and any fees imposed by the 
third-party delivery platform; and
(ii) other factors related to the delivery 
of the items ordered from the retail 
establishment, including the delivery distance, 
but excluding--
(I) any other factor that directly 
or indirectly relies on, incorporates, 
or is informed by variables that serve 
as a proxy for characteristics of the 
user placing the order or a class of 
users, including inferred price 
sensitivity, prior purchasing behavior, 
or willingness to pay; and
(II) any factor related to an 
arrangement negotiated between the 
third-party delivery platform and the 
retail establishment.
(2) Whenever a user selects an item to order from a retail 
establishment through the third-party delivery platform, the 
third-party delivery platform shall prominently display--
(A) the price charged by the retail establishment 
for such item, excluding any taxes; and
(B) if applicable, any delivery fees imposed with 
respect to such item by the third-party delivery 
platform.
(3) Throughout the ordering process, the third-party 
delivery platform shall prominently display the ongoing total 
amount to be charged to the user for the order that includes 
every item that the user has selected up to that point. Such 
total amount shall include the cost of each item selected, 
applicable taxes, and any applicable fees.
(4) Prior to requesting payment for an order, the third-
party delivery platform shall provide the user with an 
explanation, in a clear, conspicuous, and not misleading 
manner, of each delivery fee imposed on the user by the 
platform and what the fee is for. Such explanation shall 
include the amount of the delivery fee, the item that the 
delivery fee relates to, whether the delivery fee is 
refundable, and such other information as the Commission may 
specify.
(c) Rule of Construction Regarding Gratuities.--Nothing in this 
section shall be construed to prevent a third-party delivery platform 
from allowing a user to add a gratuity to their order.

SEC. 4. ENFORCEMENT.

(a) Enforcement by the Federal Trade Commission.--
(1) Unfair and deceptive acts or practices.--A violation of 
this Act shall be treated as a violation of a rule defining an 
unfair or deceptive act or practice prescribed under section 
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce this 
Act in the same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were incorporated 
into and made a part of this Act.
(B) Privileges and immunities.--Any person that 
violates this Act shall be subject to the penalties, 
and entitled to the privileges and immunities, provided 
in the Federal Trade Commission Act (15 U.S.C. 41 et 
seq.).
(C) Regulations.--The Commission shall, pursuant to 
section 553 of title 5, United States Code promulgate 
such regulations as the Commission determines necessary 
to carry out the provisions of this Act.
(D) Authority preserved.--Nothing in this Act shall 
be construed to limit the authority of the Commission 
under any other provision of law.
(b) Enforcement by State Attorneys General.--
(1) In general.--
(A) Civil actions.--In any case in which the 
attorney general of a State has reason to believe that 
an interest of the residents of that State has been or 
is threatened or adversely affected by the engagement 
of any person in a practice that violates this Act, the 
State, as parens patriae, may bring a civil action on 
behalf of the residents of the State in a district 
court of the United States or a State court of 
appropriate jurisdiction to--
(i) enjoin that practice;
(ii) enforce compliance with this Act or 
such regulation;
(iii) on behalf of residents of the State, 
obtain damages, restitution, or other 
compensation, each of which shall be 
distributed in accordance with State law; or
(iv) obtain such other relief as the court 
may consider to be appropriate.
(B) Notice.--
(i) In general.--Before filing an action 
under subparagraph (A), the attorney general of 
the State involved shall provide to the 
Commission--
(I) written notice of that action; 
and
(II) a copy of the complaint for 
that action.
(ii) Exemption.--
(I) In general.--Clause (i) shall 
not apply with respect to the filing of 
an action by an attorney general of a 
State under this paragraph if the 
attorney general of the State 
determines that it is not feasible to 
provide the notice described in that 
clause before the filing of the action.
(II) Notification.--In an action 
described in subclause (I), the 
attorney general of a State shall 
provide notice and a copy of the 
complaint to the Commission at the same 
time as the attorney general files the 
action.
(2) Intervention.--
(A) In general.--On receiving notice under 
paragraph (1)(B), the Commission shall have the right 
to intervene in the action that is the subject of the 
notice.
(B) Effect of intervention.--If the Commission 
intervenes in an action under paragraph (1), it shall 
have the right--
(i) to be heard with respect to any matter 
that arises in that action; and
(ii) to file a petition for appeal.
(3) Construction.--For purposes of bringing any civil 
action under paragraph (1), nothing in this Act shall be 
construed to prevent an attorney general of a State from 
exercising the powers conferred on the attorney general by the 
laws of that State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the 
production of documentary and other evidence.
(4) Actions by the commission.--In any case in which an 
action is instituted by or on behalf of the Commission for 
violation of this Act, no State may, during the pendency of 
that action, institute a separate action under paragraph (1) 
against any defendant named in the complaint in the action 
instituted by or on behalf of the Commission for that 
violation.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1) 
may be brought in--
(i) the district court of the United States 
that meets applicable requirements relating to 
venue under section 1391 of title 28, United 
States Code; or
(ii) a State court of competent 
jurisdiction.
(B) Service of process.--In an action brought under 
paragraph (1) in a district court of the United States, 
process may be served wherever defendant--
(i) is an inhabitant; or
(ii) may be found.
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