II 

118TH CONGRESS 

1ST SESSION S. 916 

To limit and eliminate excessive, hidden, and unnecessary fees imposed on 

consumers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2023 

Mr. BLUMENTHAL (for himself and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To limit and eliminate excessive, hidden, and unnecessary 

fees imposed on consumers, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Junk Fee Prevention 

5 Act’’. 

6 SEC. 2. PROTECTING CONSUMERS FROM EXCESSIVE AND 

7 HIDDEN FEES. 

8 (a) PROTECTING CONSUMERS FROM HIDDEN

9 FEES.—A covered entity shall clearly and conspicuously 

10 display, in each advertisement and when a price is first 


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1 shown to a consumer, the total price of the good or service 

2 provided by the covered entity, including any mandatory 

3 fees a consumer would incur during the transaction, which 

4 shall not change during the purchase process. 

5 (b) EXCESSIVE FEES.—A covered entity shall not im6 pose on a consumer or advertise any mandatory fees that 

7 are excessive or deceptive for any good or service offered 

8 by the covered entity. 

9 (c) TICKET HOLDBACKS.—If a good or service pro10 vided by a covered entity is a ticket to a sporting event, 

11 theater, musical performance, or an event at a place of 

12 public amusement of any kind, the covered entity shall, 

13 not less than 72 hours prior to the first public sale or 

14 presale of such ticket, clearly and conspicuously disclose 

15 to the public, including at the point of sale, the total num16 ber of tickets offered for sale by the covered entity or 

17 available for the given event. 

18 (d) PROTECTING REFUNDS.—A covered entity shall 

19 clearly and conspicuously disclose any guarantee or refund 

20 policy prior to the completion of a transaction by the con21 sumer and, in the event of a refund, provide a refund in 

22 the amount of the total cost of the ticket including any 

23 mandatory fees. 


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1 (e) SPECULATIVE TICKETING.—If a covered entity 

2 does not possess a ticket at the time of the sale, it shall 

3 provide to the consumer— 

4 (1) a clear and conspicuous notice that the cov5 ered entity does not possess the ticket; and 

6 (2) a full refund if the covered entity cannot 

7 provide the ticket advertised to the consumer in a 

8 timely manner prior to the event. 

9 (f) RULEMAKING ON EXCESSIVE AND HIDDEN

10 FEES.—The Federal Trade Commission may promulgate 

11 rules in accordance with section 553 of title 5, United 

12 States Code, regarding the disclosure and imposition of 

13 mandatory or deceptive fees, including any such fee not 

14 described in subsections (a) through (e). 

15 (g) EXCESSIVE FEES.—In considering whether a 

16 mandatory fee is excessive, the Federal Trade Commission 

17 or court shall take into consideration— 

18 (1) whether the fee is reasonable and propor19 tional to the cost of the good or service provided by 

20 the covered entity; 

21 (2) the reason for which the covered entity 

22 charges such fee; and 

23 (3) any other factors determined appropriate by 

24 the Federal Trade Commission or the court. 

25 (h) ENFORCEMENT.— 


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1 (1) ENFORCEMENT BY THE COMMISSION.— 

2 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC3 TICES.—A violation this section or a regulation 

4 promulgated thereunder shall be treated as a 

5 violation of a rule defining an unfair or decep6 tive act or practice under section 18(a)(1)(B) of 

7 the Federal Trade Commission Act (15 U.S.C. 

8 57a(a)(1)(B)). 

9 (B) POWERS OF THE COMMISSION.— 

10 (i) IN GENERAL.—The Federal Trade 

11 Commission shall enforce this section in 

12 the same manner, by the same means, and 

13 with the same jurisdiction, powers, and du14 ties as though all applicable terms and pro15 visions of the Federal Trade Commission 

16 Act (15 U.S.C. 41 et seq.) were incor17 porated into and made a part of this sec18 tion. 

19 (ii) PRIVILEGES AND IMMUNITIES.— 

20 Any person who violates this section or a 

21 regulation promulgated thereunder shall be 

22 subject to the penalties and entitled to the 

23 privileges and immunities provided in the 

24 Federal Trade Commission Act (15 U.S.C. 

25 41 et seq.). 


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1 (iii) AUTHORITY PRESERVED.—Noth2 ing in this section shall be construed to 

3 limit the authority of the Federal Trade 

4 Commission under any other provision of 

5 law. 

6 (2) ENFORCEMENT BY STATES.— 

7 (A) IN GENERAL.—If the attorney general 

8 of a State has reason to believe that a covered 

9 entity has violated or is violating this section or 

10 a regulation promulgated thereunder that af11 fects the residents of that State, the State, as 

12 parens patriae, may bring a civil action in any 

13 appropriate district court of the United States, 

14 to— 

15 (i) enjoin any further violation by the 

16 covered entity; 

17 (ii) enforce compliance with this sec18 tion or such regulation; 

19 (iii) obtain other remedies permitted 

20 under State law; and 

21 (iv) obtain damages, restitution, or 

22 other compensation on behalf of residents 

23 of the State. 

24 (B) NOTICE.—The attorney general of a 

25 State shall provide prior written notice of any 


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1 action under subparagraph (A) to the Commis2 sion and provide the Commission with a copy of 

3 the complaint in the action, except in any case 

4 in which such prior notice is not feasible, in 

5 which case the attorney general shall serve such 

6 notice immediately upon instituting such action. 

7 (C) INTERVENTION BY THE COMMIS8 SION.—Upon receiving notice under subpara9 graph (B), the Commission shall have the 

10 right— 

11 (i) to intervene in the action; 

12 (ii) upon so intervening, to be heard 

13 on all matters arising therein; and 

14 (iii) to file petitions for appeal. 

15 (D) LIMITATION ON STATE ACTION WHILE

16 FEDERAL ACTION IS PENDING.—If the Commis17 sion has instituted a civil action for violation of 

18 this section or a regulation promulgated there19 under, no State attorney general, or official or 

20 agency of a State, may bring a separate action 

21 under subparagraph (A) during the pendency of 

22 that action against any defendant named in the 

23 complaint of the Commission for any violation 

24 of this section or a regulation promulgated 

25 thereunder that is alleged in the complaint. A 


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1 State attorney general, or official or agency of 

2 a State, may join a civil action for a violation 

3 of this section or a regulation promulgated 

4 thereunder filed by the Commission. 

5 (E) RULE OF CONSTRUCTION.—For pur6 poses of bringing a civil action under subpara7 graph (A), nothing in this section shall be con8 strued to prevent the chief law enforcement of9 ficer or official or agency of a State, from exer10 cising the powers conferred on such chief law 

11 enforcement officer or official or agency of a 

12 State, by the laws of the State to conduct inves13 tigations, administer oaths or affirmations, or 

14 compel the attendance of witnesses or the pro15 duction of documentary and other evidence. 

16 (i) DEFINITIONS.—In this section: 

17 (1) COVERED ENTITY.— 

18 (A) IN GENERAL.—The term ‘‘covered en19 tity’’ means— 

20 (i) a provider of short-term lodging or 

21 an entity that advertises rates or the pur22 chase of short-term lodging; 

23 (ii) a provider of a ticketing service 

24 that sells tickets for an event or retains the 

25 authority to otherwise distribute tickets for 


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1 such event, whether as a primary seller of 

2 tickets or in the secondary marketplace for 

3 ticket sales; or 

4 (iii) any other entity determined ap5 propriate by the Commission through a 

6 rulemaking in accordance with section 553 

7 of title 5, United States Code. 

8 (B) SHORT-TERM LODGING.—For purposes 

9 of subparagraph (A), the term ‘‘short-term 

10 lodging’’ means any lodging that is offered for 

11 an occupancy of less than 6 months. 

12 (2) MANDATORY FEE.—The term ‘‘mandatory 

13 fee’’ includes— 

14 (A) any fee or surcharge that a consumer 

15 is required to pay to purchase a good or service 

16 being advertised; 

17 (B) a fee or surcharge that is not reason18 ably avoidable; 

19 (C) a fee or surcharge for a good or service 

20 that a reasonable consumer would not expect to 

21 be included with the purchase of the good or 

22 service being advertised; or 

23 (D) any other fee or surcharge determined 

24 appropriate by the Commission. 


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1 SEC. 3. COMMUNICATIONS SERVICE FEES. 

2 (a) ENDING EARLY TERMINATION FEES.— 

3 (1) IN GENERAL.—A provider of a covered serv4 ice may not charge a fee to, or impose a requirement 

5 that is excessive or unreasonable on, a consumer for 

6 the early termination of a covered service. 

7 (2) DEVICE PURCHASE AND RETURN.—Sub8 section (a) shall not prevent a provider of a covered 

9 service from charging a consumer for— 

10 (A) the cost of rental or loan equipment 

11 that is not returned to the provider within a 

12 reasonable period of time; or 

13 (B) the outstanding cost of a purchased 

14 device. 

15 (3) REGULATIONS.—The Federal Communica16 tions Commission may promulgate regulations to 

17 carry out this subsection. 

18 (b) RULEMAKING ON MANDATORY FEES.—Not later 

19 than 180 days after the date of enactment of this Act, 

20 the Federal Communications Commission shall commence 

21 a rulemaking proceeding— 

22 (1) to consider whether and how the Federal 

23 Communications Commission should— 

24 (A) require the disclosure of mandatory 

25 fees with respect to a covered service; or 


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1 (B) prohibit the imposition of mandatory 

2 fees with respect to a covered service, in par3 ticular any such fee that a consumer would rea4 sonably assume to be included in the advertised 

5 price of such service; and 

6 (2) in which the Federal Communications Com7 mission may promulgate regulations to implement 

8 the requirements or prohibitions described in para9 graph (1). 

10 (c) ENFORCEMENT.— 

11 (1) IN GENERAL.—A violation of this section or 

12 a regulation promulgated under this section shall be 

13 treated as a violation of the Communications Act of 

14 1934 (47 U.S.C. 151 et seq.) or a regulation pro15 mulgated under that Act. 

16 (2) MANNER OF ENFORCEMENT.—The Federal 

17 Communications Commission shall enforce this sec18 tion and the regulations promulgated under this sec19 tion in the same manner, by the same means, and 

20 with the same jurisdiction, powers, and duties as 

21 though all applicable terms and provisions of the 

22 Communications Act of 1934 (47 U.S.C. 151 et 

23 seq.) were incorporated into and made a part of this 

24 section. 

25 (d) DEFINITIONS.—In this section: 


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1 (1) COVERED SERVICE.—The term ‘‘covered 

2 service’’— 

3 (A) means— 

4 (i) internet service; 

5 (ii) voice service (as defined in section 

6 227(e)(8) of the Communications Act of 

7 1934 (47 U.S.C. 227(e)(8)); 

8 (iii) commercial mobile service (as de9 fined in section 332(d) of the Communica10 tions Act of 1934 (47 U.S.C. 332(d)); 

11 (iv) commercial mobile data service 

12 (as defined in section 6001 of the Middle 

13 Class Tax Relief and Job Creation Act of 

14 2012 (47 U.S.C. 1401)); or 

15 (v) a service provided by a multi16 channel video programming distributor (as 

17 defined in section 602 of the Communica18 tions Act of 1934 (47 U.S.C. 522)), to the 

19 extent that such distributor is acting as a 

20 multichannel video programming dis21 tributor; and 

22 (B) includes any other service offered or 

23 provided as part of a bundle or package with 

24 any service described in clauses (i) through (v) 

25 of subparagraph (A). 


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1 (2) MANDATORY FEE.—The term ‘‘mandatory 

2 fee’’ includes— 

3 (A) any fee or surcharge that a consumer 

4 is required to pay to purchase a good or service 

5 being advertised; 

6 (B) a fee or surcharge that is not reason7 ably avoidable; 

8 (C) a fee or surcharge for a good or service 

9 that a reasonable consumer would not expect to 

10 be included with the purchase of the good or 

11 service being advertised; or 

12 (D) any other fee or surcharge determined 

13 appropriate by the Federal Communications 

14 Commission. 

15 SEC. 4. SEATING YOUNG CHILDREN ADJACENT TO AN AC16 COMPANYING ADULT PASSENGER. 

17 (a) IN GENERAL.—Subchapter I of chapter 417 of 

18 title 49, United States Code is amended by adding at the 

19 end the following: 

20 ‘‘§ 41727. Seating young children adjacent to an ac21 companying adult on aircraft. 

22 ‘‘(a) APPLICABILITY.—The requirements of this sec23 tion apply for the purposes of each scheduled flight seg24 ment to or from any airport in the United States. 

25 ‘‘(b) GENERAL REQUIREMENT.— 


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1 ‘‘(1) ASSIGNED SEATS.—Subject to subsection 

2 (f), an air carrier or foreign air carrier that assigns 

3 seats, or allows individuals to select seats, in ad4 vance of the date of departure of a flight shall seat 

5 each young child adjacent to an accompanying adult, 

6 provided that adjacent seat assignments are avail7 able at any time after the ticket is issued for the 

8 young child and before the first passenger boards 

9 the flight. 

10 ‘‘(2) UNASSIGNED SEATS.—Subject to sub11 section (f), an air carrier or foreign air carrier that 

12 does not assign seats or allow individuals to select 

13 seats in advance of the date of departure shall board 

14 customers in a manner that ensures each young 

15 child is seated adjacent to an accompanying adult. 

16 ‘‘(3) PROHIBITION ON FEES.— 

17 ‘‘(A) IN GENERAL.—An air carrier or for18 eign air carrier may not charge a fee or impose 

19 an additional cost to seat a young child adja20 cent to an accompanying adult within the same 

21 class of service. 

22 ‘‘(B) CLASS OF SERVICE REQUIREMENT.— 

23 Every class of service an air carrier or foreign 

24 air carrier offers must allow for seating of a 

25 young child adjacent to an accompanying adult. 


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1 ‘‘(C) PROHIBITION ON AVAILABILITY LIM2 ITS.—An air carrier or foreign air carrier may 

3 not limit the availability of adjacent seats in a 

4 manner that results in an undue burden on the 

5 ability of a young child to receive an advance 

6 seat assignment adjacent to an accompanying 

7 adult. 

8 ‘‘(c) ADDITIONAL REQUIREMENTS FOR ADVANCE

9 SEATING.— 

10 ‘‘(1) IN GENERAL.—Subject to subsection (f), 

11 an air carrier or foreign air carrier that allows indi12 viduals to select seats or that assigns seats at the 

13 time of booking a flight shall provide, not later than 

14 48 hours after the issuance of the ticket for each 

15 young child— 

16 ‘‘(A) a seat assignment for the young child 

17 adjacent to the seat assignment of an accom18 panying adult for each flight segment of the 

19 ticket at no additional cost, provided that adja20 cent seat assignments are available; or 

21 ‘‘(B) in the event that adjacent seat as22 signments are not available as described in sub23 paragraph (A), an accompanying adult the 

24 choice of— 


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1 ‘‘(i) a full refund of the cost of the 

2 tickets for the young child and the accom3 panying adult, as well as any other indi4 vidual on the same reservation; or 

5 ‘‘(ii) waiting for adjacent seat assign6 ments to be provided by the carrier. 

7 ‘‘(2) REQUIRED OPTION PERIOD.—The air car8 rier or foreign air carrier shall provide the accom9 panying adult a period of not less than 7 days from 

10 the date of notification of the choice described in 

11 paragraph (1)(B) to make a selection between the 

12 options described in clauses (i) and (ii) of such para13 graph. 

14 ‘‘(3) NO AVAILABLE ADJACENT SEAT ASSIGN15 MENT.—In the event that an accompanying adult 

16 chooses the option described in paragraph (1)(B)(ii) 

17 and adjacent seat assignments for the young child 

18 and the accompanying adult on a ticketed flight seg19 ment do not become available before the first pas20 senger boards the flight, the air carrier or foreign 

21 air carrier shall, at the choice of an accompanying 

22 adult— 

23 ‘‘(A) rebook the young child and the ac24 companying adult, as well as any other indiVerDate Sep 11 2014 04:08 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S916.IS S916

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1 vidual on the same reservation, on the next 

2 available flight at no additional cost; or 

3 ‘‘(B) transport the young child and the ac4 companying adult on their original ticketed 

5 flight segment in seats that are not adjacent, 

6 when seats on the aircraft are available. 

7 ‘‘(d) ADDITIONAL REQUIREMENTS TO MITIGATE

8 PASSENGER HARM IN EVENT OF VIOLATION.—An air car9 rier or foreign air carrier that violates subsection (b) or 

10 (c) shall, at the choice of an accompanying adult— 

11 ‘‘(1) rebook the young child and the accom12 panying adult, as well as any other individual on the 

13 same reservation, on the next available flight at no 

14 additional cost; 

15 ‘‘(2) provide— 

16 ‘‘(A) a full refund of the cost of the tickets 

17 for the young child and the accompanying 

18 adult, as well as any other individual on the 

19 same reservation; and 

20 ‘‘(B) if such individuals are at a con21 necting airport, return air transportation for 

22 such individuals to their origination airport at 

23 no additional cost; or 

24 ‘‘(3) transport the young child and the accom25 panying adult on their original ticketed flight segVerDate Sep 11 2014 04:08 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S916.IS S916

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1 ment in seats that are not adjacent, when seats on 

2 the aircraft are available. 

3 ‘‘(e) ENFORCEMENT.— 

4 ‘‘(1) IN GENERAL.—An air carrier or foreign 

5 air carrier that violates a requirement of this section 

6 is subject to civil penalties as set forth in section 

7 46301 and other applicable remedies under this 

8 part. 

9 ‘‘(2) INVESTIGATIONS OF COMPLAINTS.— 

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 promptly investigate each complaint alleging a 

12 violation of this section that is received by the 

13 Department of Transportation. 

14 ‘‘(B) PUBLICATION OF DATA.—The Sec15 retary shall publish data on complaints alleging 

16 violations of this section in a manner com17 parable to other consumer complaint data. 

18 ‘‘(f) EXCEPTIONS.—Subsections (b) and (c) shall not 

19 apply to the extent that— 

20 ‘‘(1) the young child does not have an accom21 panying adult traveling with such child; 

22 ‘‘(2) an accompanying adult selects a seat apart 

23 from the young child or declines to accept a seat as24 signment or a seat that is adjacent to the seat as25 signment or seat of the young child offered without 


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1 additional cost by the air carrier or foreign air car2 rier; 

3 ‘‘(3) the number of young children traveling in 

4 the same party make it impossible for the air carrier 

5 or foreign air carrier to seat all the young children 

6 adjacent to an accompanying adult based on the seat 

7 layout of the aircraft; or 

8 ‘‘(4) an exception to subsection (b) or (c) 

9 deemed appropriate by final rule of the Secretary 

10 applies. 

11 ‘‘(g) DEFINITIONS.—In this section: 

12 ‘‘(1) ACCOMPANYING ADULT.—The term ‘ac13 companying adult’ means, with respect to a young 

14 child, an individual who is— 

15 ‘‘(A) 14 years of age or older on the date 

16 of the scheduled departure of the flight; and 

17 ‘‘(B) on the same reservation record as the 

18 young child. 

19 ‘‘(2) ADJACENT.—The term ‘adjacent’ means, 

20 with respect to the seat of a young child, a seat that 

21 is— 

22 ‘‘(A) next to and in the same row of the 

23 aircraft as the seat of the young child; and 

24 ‘‘(B) not separated by an aisle. 


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1 ‘‘(3) AVAILABLE.—The term ‘available’, when 

2 used in connection with seats or seat assignments, 

3 means capable of assignment by the air carrier or 

4 foreign air carrier without— 

5 ‘‘(A) an upgrade of a young child or an ac6 companying adult to a different class of service 

7 than ticketed; and 

8 ‘‘(B) displacing an individual with an as9 signed seat. 

10 ‘‘(4) CLASS OF SERVICE.—The term ‘class of 

11 service’ means first class, business class, general 

12 economy (including basic economy), or premium 

13 economy. 

14 ‘‘(5) NO ADDITIONAL COST.—The term ‘no ad15 ditional cost’ means no added charge for the seat be16 yond the fare. 

17 ‘‘(6) SECRETARY.—The term ‘Secretary’ means 

18 the Secretary of Transportation. 

19 ‘‘(7) YOUNG CHILD.—The term ‘young child’ 

20 means an individual who is 13 years of age or 

21 younger on the date of the scheduled departure of 

22 the flight. 

23 ‘‘(h) REGULATIONS.—The Secretary may issue regu24 lations to implement this section, including regulations 

25 that amend the definitions in subsection (g). 


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1 ‘‘(i) EFFECTIVE DATE.—This section shall take ef2 fect on the date that is 180 days after the date of the 

3 enactment of the this section.’’. 

4 (b) CLERICAL AMENDMENT.—The analysis of chap5 ter 417 of title 49, United States Code, is amended by 

6 inserting after the item relating to section 41726 the fol7 lowing: 

‘‘41727. Seating young children adjacent to an accompanying adult on aircraft.’’. 

8 (c) REPEAL OF FAA EXTENSION, SAFETY, AND SE9 CURITY ACT OF 2016 FAMILY SEATING PROVISION.—Sec10 tion 2309 of the FAA Extension, Safety, and Security Act 

11 of 2016 (49 U.S.C. 42301 note prec.) is repealed. 

Æ 


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