II 

118TH CONGRESS 

2D SESSION S. 4435 

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

incarcerated individuals and their families, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2024 

Mr. BOOKER (for himself and Ms. WARREN) 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 incarcerated individuals and their families, 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 ‘‘Families Over Fees 

5 Act of 2024’’. 

6 SEC. 2. PROTECTING CONSUMERS AGAINST EXCESSIVE 

7 AND HIDDEN FEES. 

8 (a) IN GENERAL.— 


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1 (1) HIDDEN FEES.—A covered entity shall 

2 clearly and conspicuously display the total price (in3 clusive of any mandatory fees) of any good or service 

4 provided by the covered entity— 

5 (A) in each advertisement for the good or 

6 service to a consumer; or 

7 (B) whenever presenting the price of such 

8 good or service to a consumer. 

9 (2) EXCESSIVE FEES.— 

10 (A) IN GENERAL.—A covered entity may 

11 not advertise or charge to a consumer any man12 datory fees that are excessive with respect to 

13 any good or service provided by the covered en14 tity. 

15 (B) CONSIDERATIONS.—In determining 

16 whether a mandatory fee advertised by or 

17 charged to a consumer by a covered entity is 

18 excessive, the Commission shall consider— 

19 (i) whether the fee is reasonable and 

20 proportional to the cost of the good or 

21 service provided by the covered entity; 

22 (ii) the reason for which the covered 

23 entity charges such fee; 


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1 (iii) the cost of a similar good or serv2 ice provided to individuals who are not in3 carcerated; and 

4 (iv) the degree of available consumer 

5 choice for the good or service, including 

6 whether there are viable alternatives avail7 able that provide the consumer with the 

8 opportunity to avoid an excessive fee. 

9 (3) EARLY TERMINATION.—A covered entity 

10 may not advertise or charge to a consumer any man11 datory fees that are excessive for the early termi12 nation of a contract for any good or service provided 

13 by the covered entity. 

14 (4) REFUNDS.—A covered entity shall— 

15 (A) clearly and conspicuously disclose any 

16 guarantee or refund policy prior to the comple17 tion of a transaction by a consumer; and 

18 (B) in the event of a request by a con19 sumer for a refund, provide to the consumer a 

20 refund in the amount of the total cost (includ21 ing any mandatory fees) of the good or service 

22 provided by the covered entity or any good or 

23 service that is undelivered or defective. 

24 (5) RULE OF CONSTRUCTION.—Nothing in this 

25 subsection shall apply to any— 


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1 (A) tax, duty, or custom levied by any 

2 local, State, Federal, or other governmental en3 tity; or 

4 (B) fee covering the cost of delivery of 

5 goods, the amount of which is based upon the 

6 delivery method selected by the consumer, so 

7 long as the covered entity discloses the amount 

8 of the delivery fee prior to accepting payment 

9 from the consumer. 

10 (b) ENFORCEMENT.— 

11 (1) ENFORCEMENT BY THE COMMISSION.— 

12 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC13 TICES.—A violation of this section or a regula14 tion promulgated thereunder shall be treated as 

15 a violation of a rule defining an unfair or de16 ceptive act or practice under section 

17 18(a)(1)(B) of the Federal Trade Commission 

18 Act (15 U.S.C. 57a(a)(1)(B)). 

19 (B) POWERS OF THE COMMISSION.— 

20 (i) IN GENERAL.—The Commission 

21 shall enforce this section in the same man22 ner, by the same means, and with the 

23 same jurisdiction, powers, and duties as 

24 though all applicable terms and provisions 

25 of the Federal Trade Commission Act (15 


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1 U.S.C. 41 et seq.) were incorporated into 

2 and made a part of this section. 

3 (ii) PRIVILEGES AND IMMUNITIES.— 

4 Any person who violates this section or a 

5 regulation promulgated thereunder shall be 

6 subject to the penalties and entitled to the 

7 privileges and immunities provided in the 

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

9 41 et seq.). 

10 (iii) AUTHORITY PRESERVED.—Noth11 ing in this section shall be construed to 

12 limit the authority of the Commission 

13 under any other provision of law. 

14 (iv) RULEMAKING.—The Commission 

15 may promulgate in accordance with section 

16 553 of title 5, United States Code, such 

17 rules as may be necessary to carry out this 

18 section. 

19 (C) NOTICE TO STATES.—Whenever the 

20 Commission has brought an action for a viola21 tion of this Act and has reason to believe that 

22 the attorney general of a State, Territory, or 

23 the District of Columbia would be entitled to 

24 bring an action under this Act based substan25 tially on the same alleged violation, the ComVerDate Sep 11 2014 20:47 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4435.IS S4435

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1 mission shall promptly give written notification 

2 thereof to such attorney general. 

3 (2) ENFORCEMENT BY THE STATES.— 

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

5 of a State has reason to believe that a covered 

6 entity has violated or is violating this section or 

7 a regulation promulgated thereunder that af8 fects the residents of that State, the State, as 

9 parens patriae, may bring a civil action in any 

10 appropriate district court of the United States, 

11 to— 

12 (i) enjoin any further violation by the 

13 covered entity; 

14 (ii) enforce compliance with this sec15 tion or such regulation; 

16 (iii) obtain other remedies permitted 

17 under State law; and 

18 (iv) obtain damages, restitution, or 

19 other compensation on behalf of residents 

20 of the State. 

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

22 State shall provide prior written notice of any 

23 action under subparagraph (A) to the Commis24 sion and provide the Commission with a copy of 

25 the complaint in the action, except in any case 


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1 in which such prior notice is not feasible, in 

2 which case the attorney general shall serve such 

3 notice immediately upon instituting such action. 

4 (C) INTERVENTION BY THE COMMIS5 SION.—Upon receiving notice under subpara6 graph (B), the Commission shall have the 

7 right— 

8 (i) to intervene in the action; 

9 (ii) upon so intervening, to be heard 

10 on all matters arising therein; and 

11 (iii) to file petitions for appeal. 

12 (D) LIMITATION ON STATE ACTION WHILE

13 FEDERAL ACTION IS PENDING.—If the Commis14 sion has instituted a civil action for a violation 

15 of this section or a regulation promulgated 

16 thereunder, no State attorney general, or offi17 cial or agency of a State, may bring a separate 

18 action under subparagraph (A) during the 

19 pendency of that action against any defendant 

20 named in the complaint of the Commission for 

21 any violation of this section or a regulation pro22 mulgated thereunder that is alleged in the com23 plaint. 

24 (E) VENUE; SERVICE OF PROCESS.— 


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1 (i) VENUE.—Any action brought 

2 under subparagraph (A) may be brought in 

3 the district court of the United States that 

4 meets applicable requirements relating to 

5 venue under section 1391 of title 28, 

6 United States Code. 

7 (ii) SERVICE OF PROCESS.—In an ac8 tion brought under subparagraph (A), 

9 process may be served in any district in 

10 which the defendant— 

11 (I) is an inhabitant; or 

12 (II) may be found. 

13 (F) RULE OF CONSTRUCTION.—For pur14 poses of bringing a civil action under subpara15 graph (A), nothing in this section shall be con16 strued to prevent the chief law enforcement of17 ficer or official or agency of a State, from exer18 cising the powers conferred on such chief law 

19 enforcement officer or official or agency of a 

20 State, by the laws of the State to conduct inves21 tigations, administer oaths or affirmations, or 

22 compel the attendance of witnesses or the pro23 duction of documentary and other evidence. 

24 (3) PRIVATE RIGHT OF ACTION.— 


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1 (A) IN GENERAL.—An individual who is 

2 injured by a violation of this Act or any regula3 tion promulgated thereunder may bring a civil 

4 action in a district court of the United States 

5 to— 

6 (i) obtain damages, restitution, or 

7 other compensation; 

8 (ii) injunctive or declaratory relief; 

9 (iii) attorney’s fees and litigation 

10 costs; and 

11 (iv) any other relief the court deems 

12 proper. 

13 (B) VENUE.—In a civil action brought 

14 under subparagraph (A), the venue shall be— 

15 (i) a Federal judicial district in which 

16 the defendant is found, is an inhabitant, or 

17 transacts business; or 

18 (ii) wherever venue is proper under 

19 section 1391 of title 28, United States 

20 Code. 

21 (C) CLASS ACTIONS.—An individual enti22 tled to bring an action under this paragraph 

23 may bring such action as a representative or 

24 class action under rule 23 of the Federal Rules 

25 of Civil Procedure or any other provision of law. 


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1 (D) STATUTE OF LIMITATIONS.—An action 

2 for a violation of this Act may be commenced 

3 not later than the later of 4 years after the date 

4 on which— 

5 (i) the violation occurs; or 

6 (ii) the violation is discovered or 

7 should have been discovered through exer8 cise of reasonable diligence. 

9 (E) NO ARBITRATION AGREEMENT OR

10 WAIVER.—No pre-dispute arbitration agreement 

11 or pre-dispute joint-action waiver shall be valid 

12 or enforceable with respect to a dispute arising 

13 under this Act. Any determination as to the 

14 scope or manner of applicability of this section 

15 shall be made by a court, rather than an arbi16 trator, without regard to whether such agree17 ment purports to delegate such determination 

18 to an arbitrator. 

19 (F) RULE OF CONSTRUCTION.—Any rights 

20 provided under this subsection are in addition 

21 to, and not in lieu of, any other rights or rem22 edies provided by State or Federal law. 

23 (c) DEFINITIONS.—In this section: 

24 (1) COMMISSION.—The term ‘‘Commission’’ 

25 means the Federal Trade Commission. 


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1 (2) CONSUMER.—The term ‘‘consumer’’ 

2 means— 

3 (A) an incarcerated individual who seeks 

4 or acquires, by purchase or lease, any goods or 

5 services from a covered entity for personal, 

6 family, or household purposes; or 

7 (B) an individual seeking or acquiring such 

8 goods or services from a covered entity for the 

9 benefit of or in relation to an incarcerated indi10 vidual. 

11 (3) CORRECTIONAL FACILITY.—The term ‘‘cor12 rectional facility’’ means a jail, prison, immigration 

13 detention center, juvenile detention center, or other 

14 facility used to house individuals who are accused of, 

15 convicted of, sentenced for, or adjudicated delin16 quent for, violations of law or the terms and condi17 tions of parole, probation, pretrial release, or a di18 versionary program. 

19 (4) COVERED ENTITY.—The term ‘‘covered en20 tity’’ means an entity that knowingly provides goods 

21 or services, for compensation, to consumers within a 

22 correctional facility or in connection to a consumer’s 

23 release from a correctional facility. 


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1 (5) GOOD.—The term ‘‘good’’ means any ware, 

2 product, commodity, merchandise, or article sold or 

3 offered for sale in or affecting interstate commerce. 

4 (6) INCARCERATED INDIVIDUAL.—The term 

5 ‘‘incarcerated individual’’ means an individual 

6 housed at a correctional facility. 

7 (7) MANDATORY FEE.—The term ‘‘mandatory 

8 fee’’ means— 

9 (A) any fee or surcharge that a consumer 

10 is required to pay to purchase or use a good or 

11 service; or 

12 (B) a fee or surcharge that is not reason13 ably avoidable by a consumer. 

14 (8) PRE-DISPUTE ARBITRATION AGREEMENT.— 

15 The term ‘‘pre-dispute arbitration agreement’’ 

16 means an agreement to arbitrate a dispute that has 

17 not yet arisen at the time of the making of the 

18 agreement. 

19 (9) PRE-DISPUTE JOINT-ACTION WAIVER.—The 

20 term ‘‘pre-dispute joint-action waiver’’ means an 

21 agreement, whether or not part of a pre-dispute ar22 bitration agreement, that would prohibit or waive 

23 the right of any or all of the parties to the agree24 ment to participate in a joint, class, or collective ac25 tion in a judicial, arbitral, administrative, or other 


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1 forum, concerning a dispute that has not yet arisen 

2 at the time of the making of the agreement. 

3 (10) SERVICE.— 

4 (A) IN GENERAL.—The term ‘‘service’’ 

5 means work or labor bought primarily for per6 sonal, family, or household purposes, includ7 ing— 

8 (i) consumer financial services (as de9 fined in section 1002 of the Consumer Fi10 nancial Protection Act of 2010 (12 U.S.C. 

11 5481)); and 

12 (ii) services furnished in connection 

13 with the sale of goods in or affecting inter14 state commerce. 

15 (B) EXCLUSIONS.—The term ‘‘service’’ 

16 shall not include: 

17 (i) any service described in section 

18 276(d) of the Communications Act of 1934 

19 (47 U.S.C. 276(d)); or 

20 (ii) market-dominant products offered 

21 by the United States Postal Service under 

22 subchapter I of chapter 36 of title 39, 

23 United States Code. 


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1 (11) STATE.—The term ‘‘State’’ means the 50 

2 States, the District of Columbia, and any territory 

3 or possession of the United States. 

4 (12) TRANSACTION.—The term ‘‘transaction’’ 

5 means an agreement between a consumer and a cov6 ered entity, whether or not the agreement is a con7 tract enforceable by action, and includes the making 

8 of, and the performance pursuant to, such agree9 ment. 

10 (d) SEVERABILITY.—If any provision of this section, 

11 or the application of such provision to any person or cir12 cumstance, is held to be unconstitutional, the remainder 

13 of this section, and the application of the provisions of 

14 such section to any person or circumstance, shall not be 

15 affected. 

Æ 


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