II 

118TH CONGRESS 

1ST SESSION S. 3161 

To require third-party delivery platforms to follow certain pricing practices, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 30, 2023 

Mr. LUJA ́N 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. 

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 ‘‘Promoting Real-time 

5 Information on Cost Expenditure Act’’ or the ‘‘PRICE 

6 Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

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

10 means the Federal Trade Commission. 


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1 (2) DELIVERY FEE.—The term ‘‘delivery fee’’ 

2 means any fee imposed by a third-party delivery 

3 platform on a user of the platform with respect to 

4 an order placed through the platform of items from 

5 a retail establishment that is in addition to any 

6 charge that the retail establishment would impose on 

7 the sale of the same items if they were purchased by 

8 an individual who is physically present in such estab9 lishment. In the case of a retail establishment that 

10 does not offer items for sale to individuals who are 

11 physically present in such establishment, such term 

12 shall include any fee imposed by a third-party deliv13 ery platform that is in addition to the menu or retail 

14 price for the items ordered. 

15 (3) RETAIL ESTABLISHMENT.—The term ‘‘re16 tail establishment’’ means a physical establishment 

17 (including a restaurant) where items (including food, 

18 beverages, or other goods) are offered for sale to in19 dividuals who— 

20 (A) are physically present in such estab21 lishment; or 

22 (B) place orders through a third-party de23 livery platform. 

24 (4) THIRD-PARTY DELIVERY PLATFORM.—The 

25 term ‘‘third-party delivery platform’’ means any 


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1 website, mobile application, or other internet service 

2 that— 

3 (A) as its primary function, offers or ar4 ranges for the sale and same-day delivery of 

5 items (including food beverages, or other goods) 

6 from a retail establishment; and 

7 (B) is not owned by, under common owner8 ship with, operated by, or a subsidiary of the 

9 retail establishment. 

10 SEC. 3. PRICING REQUIREMENTS FOR THIRD-PARTY DELIV11 ERY PLATFORMS. 

12 (a) IN GENERAL.—Beginning 90 days after the date 

13 of enactment of this Act, it shall be unlawful to operate 

14 a third-party delivery platform unless such platform satis15 fies the requirements described in subsection (b). 

16 (b) PRICING REQUIREMENTS.—The requirements de17 scribed in this subsection, with respect to a third-party 

18 delivery platform, are the following: 

19 (1) If the third-party delivery platform charges 

20 1 or more delivery fees for an order from a retail es21 tablishment, any such delivery fee shall be— 

22 (A) calculated using a methodology that is 

23 determined no later than the time the user plac24 ing the order selects the retail establishment 


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1 and may not change once the user has begun 

2 their order from the retail establishment; and 

3 (B) based solely on— 

4 (i) the total price charged by the re5 tail establishment for items ordered by the 

6 user, excluding any taxes and any fees im7 posed by the third-party delivery platform; 

8 and 

9 (ii) other factors related to the deliv10 ery of the items ordered from the retail es11 tablishment, including the delivery dis12 tance, but excluding— 

13 (I) any other factor related to the 

14 user who placed the order; and 

15 (II) any factor related to an ar16 rangement negotiated between the 

17 third-party delivery platform and the 

18 retail establishment. 

19 (2) Whenever a user selects an item to order 

20 from a retail establishment through the third-party 

21 delivery platform, the third-party delivery platform 

22 shall prominently display— 

23 (A) the price charged by the retail estab24 lishment for such item, excluding any taxes; 

25 and 


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1 (B) if applicable, any delivery fees imposed 

2 with respect to such item by the third-party de3 livery platform. 

4 (3) Throughout the ordering process, the third5 party delivery platform shall prominently display the 

6 ongoing total amount to be charged to the user for 

7 the order that includes every item and service that 

8 the user has selected up to that point. Such total 

9 amount shall include the cost of each item selected, 

10 applicable taxes, and any applicable fees. 

11 (4) Prior to requesting payment for an order, 

12 the third-party delivery platform shall provide the 

13 user with an explanation, in a clear, conspicuous, 

14 and not misleading manner, of each delivery fee im15 posed on the user by the platform and what the fee 

16 is for. Such explanation shall include the amount of 

17 the delivery fee, the item or service that the delivery 

18 fee relates to, whether the delivery fee is refundable, 

19 and such other information as the Commission may 

20 specify. 

21 (c) RULE OF CONSTRUCTION REGARDING GRATU22 ITIES.—Nothing in this section shall be construed to pre23 vent a third-party delivery platform from allowing a user 

24 to add a gratuity to their order. 


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1 SEC. 4. ENFORCEMENT. 

2 (a) ENFORCEMENT BY THE FEDERAL TRADE COM3 MISSION.— 

4 (1) UNFAIR AND DECEPTIVE ACTS OR PRAC5 TICES.—A violation of this Act shall be treated as 

6 a violation of a rule defining an unfair or deceptive 

7 act or practice prescribed under section 18(a)(1)(B) 

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

9 57a(a)(1)(B)). 

10 (2) POWERS OF THE COMMISSION.— 

11 (A) IN GENERAL.—The Commission shall 

12 enforce this Act in the same manner, by the 

13 same means, and with the same jurisdiction, 

14 powers, and duties as though all applicable 

15 terms and provisions of the Federal Trade 

16 Commission Act (15 U.S.C. 41 et seq.) were in17 corporated into and made a part of this Act. 

18 (B) PRIVILEGES AND IMMUNITIES.—Any 

19 person that violates this Act shall be subject to 

20 the penalties, and entitled to the privileges and 

21 immunities, provided in the Federal Trade 

22 Commission Act (15 U.S.C. 41 et seq.). 

23 (C) REGULATIONS.—The Commission 

24 shall, pursuant to section 553 of title 5, United 

25 States Code promulgate such regulations as the 


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1 Commission determines necessary to carry out 

2 the provisions of this Act. 

3 (D) AUTHORITY PRESERVED.—Nothing in 

4 this Act shall be construed to limit the author5 ity of the Commission under any other provi6 sion of law. 

7 (b) ENFORCEMENT BY STATE ATTORNEYS GEN8 ERAL.— 

9 (1) IN GENERAL.— 

10 (A) CIVIL ACTIONS.—In any case in which 

11 the attorney general of a State has reason to 

12 believe that an interest of the residents of that 

13 State has been or is threatened or adversely af14 fected by the engagement of any person in a 

15 practice that violates this Act, the State, as 

16 parens patriae, may bring a civil action on be17 half of the residents of the State in a district 

18 court of the United States or a State court of 

19 appropriate jurisdiction to— 

20 (i) enjoin that practice; 

21 (ii) enforce compliance with this Act 

22 or such regulation; 

23 (iii) on behalf of residents of the 

24 State, obtain damages, restitution, or other 


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1 compensation, each of which shall be dis2 tributed in accordance with State law; or 

3 (iv) obtain such other relief as the 

4 court may consider to be appropriate. 

5 (B) NOTICE.— 

6 (i) IN GENERAL.—Before filing an ac7 tion under subparagraph (A), the attorney 

8 general of the State involved shall provide 

9 to the Commission— 

10 (I) written notice of that action; 

11 and 

12 (II) a copy of the complaint for 

13 that action. 

14 (ii) EXEMPTION.— 

15 (I) IN GENERAL.—Clause (i) 

16 shall not apply with respect to the fil17 ing of an action by an attorney gen18 eral of a State under this paragraph 

19 if the attorney general of the State 

20 determines that it is not feasible to 

21 provide the notice described in that 

22 clause before the filing of the action. 

23 (II) NOTIFICATION.—In an ac24 tion described in subclause (I), the at25 torney general of a State shall provide 


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1 notice and a copy of the complaint to 

2 the Commission at the same time as 

3 the attorney general files the action. 

4 (2) INTERVENTION.— 

5 (A) IN GENERAL.—On receiving notice 

6 under paragraph (1)(B), the Commission shall 

7 have the right to intervene in the action that is 

8 the subject of the notice. 

9 (B) EFFECT OF INTERVENTION.—If the 

10 Commission intervenes in an action under para11 graph (1), it shall have the right— 

12 (i) to be heard with respect to any 

13 matter that arises in that action; and 

14 (ii) to file a petition for appeal. 

15 (3) CONSTRUCTION.—For purposes of bringing 

16 any civil action under paragraph (1), nothing in this 

17 Act shall be construed to prevent an attorney gen18 eral of a State from exercising the powers conferred 

19 on the attorney general by the laws of that State 

20 to— 

21 (A) conduct investigations; 

22 (B) administer oaths or affirmations; or 

23 (C) compel the attendance of witnesses or 

24 the production of documentary and other evi25 dence. 


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1 (4) ACTIONS BY THE COMMISSION.—In any 

2 case in which an action is instituted by or on behalf 

3 of the Commission for violation of this Act, no State 

4 may, during the pendency of that action, institute a 

5 separate action under paragraph (1) against any de6 fendant named in the complaint in the action insti7 tuted by or on behalf of the Commission for that 

8 violation. 

9 (5) VENUE; SERVICE OF PROCESS.— 

10 (A) VENUE.—Any action brought under 

11 paragraph (1) may be brought in— 

12 (i) the district court of the United 

13 States that meets applicable requirements 

14 relating to venue under section 1391 of 

15 title 28, United States Code; or 

16 (ii) a State court of competent juris17 diction. 

18 (B) SERVICE OF PROCESS.—In an action 

19 brought under paragraph (1) in a district court 

20 of the United States, process may be served 

21 wherever defendant— 

22 (i) is an inhabitant; or 

23 (ii) may be found. 

Æ 


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