HB 1216 — 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.

PRINTER'S NO.   1364

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1216
                                               Session of
                                                 2025

     INTRODUCED BY FIEDLER, PROKOPIAK, KHAN, PROBST, SANCHEZ, PIELLI,
        VENKAT, WAXMAN, KENYATTA, GIRAL, HOWARD, WARREN, HILL-EVANS,
        SCHLOSSBERG, CIRESI, CEPEDA-FREYTIZ, MALAGARI, FREEMAN,
        FLEMING, OTTEN, O'MARA, DEASY, GREEN, KRAJEWSKI, SHUSTERMAN,
        KINKEAD, WEBSTER, SMITH-WADE-EL, GUZMAN, BOROWSKI AND RIVERA,
        APRIL 15, 2025

     REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
        UTILITIES, APRIL 15, 2025


                                    AN ACT
 1   Amending the act of December 17, 1968 (P.L.1224, No.387),
 2      entitled "An act prohibiting unfair methods of competition
 3      and unfair or deceptive acts or practices in the conduct of
 4      any trade or commerce, giving the Attorney General and
 5      District Attorneys certain powers and duties and providing
 6      penalties," further providing for definitions and for
 7      unlawful acts or practices and exclusions.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Section 2(4)(xxi) of the act of December 17, 1968
11   (P.L.1224, No.387), known as the Unfair Trade Practices and
12   Consumer Protection Law, is amended and clause (4) is amended by
13   adding a subclause to read:
14      Section 2.    Definitions.--As used in this act.
15      * * *
16      (4)   "Unfair methods of competition" and "unfair or deceptive
17   acts or practices" mean any one or more of the following:
18      * * *
 1      (xxi)    Advertising, displaying or offering a price on an
 2   event ticket, lodging platform or food delivery platform that
 3   does not clearly and conspicuously display the total price at
 4   the point in the shopping experience when the consumer is first
 5   shown the product or service, including each mandatory fee or
 6   charge that does not vary by consumer choice, or that does not
 7   clearly or conspicuously display each mandatory fee or charge
 8   associated with the sale of the product or service prior to
 9   purchase, except for taxes imposed by a government entity. As
10   used in this subclause:
11      (A)   "Accommodations booking platform" means a business that
12   operates or provides an Internet website, software application
13   for a mobile device or other digital platform for the purpose of
14   searching for hotel rooms and homestays for consumers to
15   purchase.
16      (B)   "Food delivery platform" means a business that operates
17   or provides an Internet website, software application for a
18   mobile device or other digital platform for the purpose of
19   facilitating the delivery of food and beverages to consumers.
20   The term shall not include direct delivery from a retail food
21   establishment or retail food facility as those terms are defined
22   in 3 Pa.C.S. § 5702 (relating to definitions).
23      (C)   "Homestay platform" means a business that operates or
24   provides an Internet website software application for a mobile
25   device or other digital platform on which, in exchange for a fee
26   or other charge, an owner or lessee of a residential unit or a
27   room or space in a residential unit may advertise and conduct a
28   transaction for the rental of the unit or room or space for the
29   purposes of temporary lodging.
30      (D)   "Hotel platform" means a hotel as defined in section 209

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 1   of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax
 2   Reform Code of 1971," that operates or provides an Internet
 3   website, software application for a mobile device or other
 4   digital platform for the purpose of renting rooms for temporary
 5   lodging.
 6      (E)     "Lodging platform" means an accommodations booking
 7   platform, hotel platform or homestay platform.
 8      (F)     "Primary ticket platform" means a business that operates
 9   or provides an Internet website, software application for a
10   mobile device or other digital platform for the purpose of
11   selling or facilitating the sale of tickets to purchasers.
12      (G)     "Secondary ticket platform" means a business that
13   operates or provides an Internet website, software application
14   for a mobile device or other digital platform for the purpose of
15   reselling or facilitating the resale of tickets to purchasers,
16   including a primary ticketing platform to the extent that the
17   platform is engaged in reselling or facilitating the resale of
18   tickets to purchasers.
19      (H)     "Ticket" means a printed, electronic or other license
20   issued by a primary ticket platform or secondary ticket platform
21   for admission to an event at the date and time specified on the
22   ticket.
23      [(xxi)] (xxii)     Engaging in any other fraudulent or deceptive
24   conduct which creates a likelihood of confusion or of
25   misunderstanding.
26      * * *
27      Section 2.     Section 3(a) of the act is amended to read:
28      Section 3.     Unlawful Acts or Practices; Exclusions.--(a)
29   Unfair methods of competition and unfair or deceptive acts or
30   practices in the conduct of any trade or commerce as defined by

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 1   subclauses (i) through [(xxi)] (xxii) of clause (4) of section 2
 2   of this act and regulations promulgated under section 3.1 of
 3   this act are hereby declared unlawful. The provisions of this
 4   act shall not apply to any owner, agent or employe of any radio
 5   or television station, or to any owner, publisher, printer,
 6   agent or employe of an Internet service provider or a newspaper
 7   or other publication, periodical or circular, who, in good faith
 8   and without knowledge of the falsity or deceptive character
 9   thereof, publishes, causes to be published or takes part in the
10   publication of such advertisement.
11      * * *
12      Section 3.   This act shall take effect in 180 days.




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