II 

113TH CONGRESS 

1ST SESSION S. 1830 

To prohibit unfair or deceptive acts or practices relating to the prices of 

products and services sold online, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 16, 2013 

Mr. MENENDEZ introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To prohibit unfair or deceptive acts or practices relating 

to the prices of products and services sold online, 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 ‘‘Tallying of the Actual 

5 Liabilities Act of 2013’’ or the ‘‘TOTAL Act of 2013’’. 

6 SEC. 2. PROHIBITION ON CERTAIN UNFAIR OR DECEPTIVE 

7 ACTS OR PRACTICES RELATING TO PRICES 

8 OF PRODUCTS AND SERVICES SOLD ONLINE. 

9 (a) RETAILER DEFINED.—In this section, the term 

10 ‘‘retailer’’ means a person— 

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1 (1) over whom the Federal Trade Commission 

2 has jurisdiction under section 5(a) of the Federal 

3 Trade Commission Act (15 U.S.C. 45(a)); and 

4 (2) whose business includes selling products or 

5 services. 

6 (b) REQUIREMENT FOR PRICE TRANSPARENCY.—A 

7 retailer may not sell a product or a service to a person 

8 through the use of an Internet website without presenting 

9 the person with the total amount that the retailer expects 

10 to collect from the person as part of the transaction of 

11 selling the product or service to the person, including all 

12 fees, taxes, and shipping and handling charges, before the 

13 person commits to purchasing the product or service. 

14 (c) ENFORCEMENT BY FEDERAL TRADE COMMIS15 SION.— 

16 (1) UNFAIR OR DECEPTIVE ACT OR PRAC17 TICE.—A violation of subsection (b) shall be treated 

18 as a violation of a rule defining an unfair or decep19 tive act or practice described under section 

20 18(a)(1)(B) of the Federal Trade Commission Act 

21 (15 U.S.C. 57a(a)(1)(B)). 

22 (2) POWERS OF COMMISSION.— 

23 (A) IN GENERAL.—The Federal Trade 

24 Commission shall enforce this section in the 

25 same manner, by the same means, and with the 

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1 same jurisdiction, powers, and duties as though 

2 all applicable terms and provisions of the Fed3 eral Trade Commission Act (15 U.S.C. 41 et 

4 seq.) were incorporated into and made a part of 

5 this section. 

6 (B) PRIVILEGES AND IMMUNITIES.—Any 

7 person who violates this section shall be subject 

8 to the penalties and entitled to the privileges 

9 and immunities provided in the Federal Trade 

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

11 (C) RULEMAKING.—The Federal Trade 

12 Commission may promulgate standards and 

13 rules to carry out this section in accordance 

14 with section 553 of title 5, United States Code. 

15 (d) ENFORCEMENT BY STATES.— 

16 (1) IN GENERAL.—In any case in which the at17 torney general of a State has reason to believe that 

18 an interest of the residents of the State has been or 

19 is threatened or adversely affected by the engage20 ment of any person subject to subsection (b) or a 

21 standard or rule promulgated under this section in 

22 a practice that violates such subsection, standard, or 

23 rule, the attorney general of the State may, as 

24 parens patriae, bring a civil action on behalf of the 

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1 residents of the State in an appropriate district 

2 court of the United States— 

3 (A) to enjoin further violation of such sub4 section, standard, or rule by such person; 

5 (B) to compel compliance with such sub6 section, standard, or rule; or 

7 (C) to obtain such other injunctive relief as 

8 the court considers appropriate. 

9 (2) RIGHTS OF FEDERAL TRADE COMMIS10 SION.— 

11 (A) NOTICE TO FEDERAL TRADE COMMIS12 SION.— 

13 (i) IN GENERAL.—Except as provided 

14 in clause (iii), the attorney general of a 

15 State shall notify the Federal Trade Com16 mission in writing that the attorney gen17 eral intends to bring a civil action under 

18 paragraph (1) before initiating the civil ac19 tion. 

20 (ii) CONTENTS.—The notification re21 quired by clause (i) with respect to a civil 

22 action shall include a copy of the complaint 

23 to be filed to initiate the civil action. 

24 (iii) EXCEPTION.—If it is not feasible 

25 for the attorney general of a State to promaindgalligan on DSK5TPTVN1PROD with BILLS

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1 vide the notification required by clause (i) 

2 before initiating a civil action under para3 graph (1), the attorney general shall notify 

4 the Federal Trade Commission imme5 diately upon instituting the civil action. 

6 (B) INTERVENTION BY FEDERAL TRADE

7 COMMISSION.—The Federal Trade Commission 

8 may— 

9 (i) intervene in any civil action 

10 brought by the attorney general of a State 

11 under paragraph (1); and 

12 (ii) upon intervening— 

13 (I) be heard on all matters aris14 ing in the civil action; and 

15 (II) file petitions for appeal of a 

16 decision in the civil action. 

17 (3) INVESTIGATORY POWERS.—Nothing in this 

18 subsection may be construed to prevent the attorney 

19 general of a State from exercising the powers con20 ferred on the attorney general by the laws of the 

21 State to conduct investigations, to administer oaths 

22 or affirmations, or to compel the attendance of wit23 nesses or the production of documentary or other 

24 evidence. 

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1 (4) PREEMPTIVE ACTION BY FEDERAL TRADE

2 COMMISSION.—If the Federal Trade Commission in3 stitutes a civil action or an administrative action 

4 with respect to a violation of subsection (b) or a 

5 standard or rule promulgated under this section, the 

6 attorney general of a State may not, during the 

7 pendency of such action, bring a civil action under 

8 paragraph (1) against any defendant named in the 

9 complaint of the Commission for the violation with 

10 respect to which the Commission instituted such ac11 tion. 

12 (5) VENUE; SERVICE OF PROCESS.— 

13 (A) VENUE.—Any action brought under 

14 paragraph (1) may be brought in— 

15 (i) the district court of the United 

16 States that meets applicable requirements 

17 relating to venue under section 1391 of 

18 title 28, United States Code; or 

19 (ii) another court of competent juris20 diction. 

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

22 brought under paragraph (1), process may be 

23 served in any district in which the defendant— 

24 (i) is an inhabitant; or 

25 (ii) may be found. 

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1 (6) ACTIONS BY OTHER STATE OFFICIALS.— 

2 (A) IN GENERAL.—In addition to civil ac3 tions brought by attorneys general under para4 graph (1), any other officer of a State who is 

5 authorized by the State to do so may bring a 

6 civil action under paragraph (1), subject to the 

7 same requirements and limitations that apply 

8 under this subsection to civil actions brought by 

9 attorneys general. 

10 (B) SAVINGS PROVISION.—Nothing in this 

11 subsection may be construed to prohibit an au12 thorized official of a State from initiating or 

13 continuing any proceeding in a court of the 

14 State for a violation of any civil or criminal law 

15 of the State. 

16 (e) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to limit the authority of the Fed18 eral Trade Commission under any other provision of law. 

Æ 

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