I 

118TH CONGRESS 

1ST SESSION H. R. 2463 

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

consumers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2023 

Mr. GALLEGO (for himself and Mr. JACKSON of North Carolina) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 2463 IH

1 SEC. 2. PROTECTING CONSUMERS FROM EXCESSIVE AND 

2 HIDDEN FEES. 

3 (a) PROTECTING CONSUMERS FROM HIDDEN

4 FEES.—A covered entity shall clearly and conspicuously 

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

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

7 provided by the covered entity, including any mandatory 

8 fees a consumer would incur during the transaction, which 

9 shall not change during the purchase process. 

10 (b) EXCESSIVE FEES.—A covered entity shall not im11 pose on a consumer or advertise any mandatory fees that 

12 are excessive or deceptive for any good or service offered 

13 by the covered entity. 

14 (c) TICKET HOLDBACKS.—If a good or service pro15 vided by a covered entity is a ticket to a sporting event, 

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

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

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

19 presale of such ticket, clearly and conspicuously disclose 

20 to the public, including at the point of sale, the total num21 ber of tickets offered for sale by the covered entity or 

22 available for the given event. 

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

24 clearly and conspicuously disclose any guarantee or refund 

25 policy prior to the completion of a transaction by the con26 sumer and, in the event of a refund, provide a refund in 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 2463 IH

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

2 mandatory fees. 

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

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

5 provide to the consumer— 

6 (1) a clear and conspicuous notice that the cov7 ered entity does not possess the ticket; and 

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

9 provide the ticket advertised to the consumer in a 

10 timely manner prior to the event. 

11 (f) RULEMAKING ON EXCESSIVE AND HIDDEN

12 FEES.—The Federal Trade Commission may promulgate 

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

14 States Code, regarding the disclosure and imposition of 

15 mandatory or deceptive fees, including any such fee not 

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

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

18 mandatory fee is excessive, the Federal Trade Commission 

19 or court shall take into consideration— 

20 (1) whether the fee is reasonable and propor21 tional to the cost of the good or service provided by 

22 the covered entity; 

23 (2) the reason for which the covered entity 

24 charges such fee; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•HR 2463 IH

1 (3) any other factors determined appropriate by 

2 the Federal Trade Commission or the court. 

3 (h) ENFORCEMENT.— 

4 (1) ENFORCEMENT BY THE COMMISSION.— 

5 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC6 TICES.—A violation this section or a regulation 

7 promulgated thereunder shall be treated as a 

8 violation of a rule defining an unfair or decep9 tive act or practice under section 18(a)(1)(B) of 

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

11 57a(a)(1)(B)). 

12 (B) POWERS OF THE COMMISSION.— 

13 (i) IN GENERAL.—The Federal Trade 

14 Commission shall enforce this section in 

15 the same manner, by the same means, and 

16 with the same jurisdiction, powers, and du17 ties as though all applicable terms and pro18 visions of the Federal Trade Commission 

19 Act (15 U.S.C. 41 et seq.) were incor20 porated into and made a part of this sec21 tion. 

22 (ii) PRIVILEGES AND IMMUNITIES.— 

23 Any person who violates this section or a 

24 regulation promulgated thereunder shall be 

25 subject to the penalties and entitled to the 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•HR 2463 IH

1 privileges and immunities provided in the 

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

3 41 et seq.). 

4 (iii) AUTHORITY PRESERVED.—Noth5 ing in this section shall be construed to 

6 limit the authority of the Federal Trade 

7 Commission under any other provision of 

8 law. 

9 (2) ENFORCEMENT BY STATES.— 

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

11 of a State has reason to believe that a covered 

12 entity has violated or is violating this section or 

13 a regulation promulgated thereunder that af14 fects the residents of that State, the State, as 

15 parens patriae, may bring a civil action in any 

16 appropriate district court of the United States, 

17 to— 

18 (i) enjoin any further violation by the 

19 covered entity; 

20 (ii) enforce compliance with this sec21 tion or such regulation; 

22 (iii) obtain other remedies permitted 

23 under State law; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•HR 2463 IH

1 (iv) obtain damages, restitution, or 

2 other compensation on behalf of residents 

3 of the State. 

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

5 State shall provide prior written notice of any 

6 action under subparagraph (A) to the Commis7 sion and provide the Commission with a copy of 

8 the complaint in the action, except in any case 

9 in which such prior notice is not feasible, in 

10 which case the attorney general shall serve such 

11 notice immediately upon instituting such action. 

12 (C) INTERVENTION BY THE COMMIS13 SION.—Upon receiving notice under subpara14 graph (B), the Commission shall have the 

15 right— 

16 (i) to intervene in the action; 

17 (ii) upon so intervening, to be heard 

18 on all matters arising therein; and 

19 (iii) to file petitions for appeal. 

20 (D) LIMITATION ON STATE ACTION WHILE

21 FEDERAL ACTION IS PENDING.—If the Commis22 sion has instituted a civil action for violation of 

23 this section or a regulation promulgated there24 under, no State attorney general, or official or 

25 agency of a State, may bring a separate action 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•HR 2463 IH

1 under subparagraph (A) during the pendency of 

2 that action against any defendant named in the 

3 complaint of the Commission for any violation 

4 of this section or a regulation promulgated 

5 thereunder that is alleged in the complaint. A 

6 State attorney general, or official or agency of 

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

8 of this section or a regulation promulgated 

9 thereunder filed by the Commission. 

10 (E) RULE OF CONSTRUCTION.—For pur11 poses of bringing a civil action under subpara12 graph (A), nothing in this section shall be con13 strued to prevent the chief law enforcement of14 ficer or official or agency of a State, from exer15 cising the powers conferred on such chief law 

16 enforcement officer or official or agency of a 

17 State, by the laws of the State to conduct inves18 tigations, administer oaths or affirmations, or 

19 compel the attendance of witnesses or the pro20 duction of documentary and other evidence. 

21 (i) DEFINITIONS.—In this section: 

22 (1) COVERED ENTITY.— 

23 (A) IN GENERAL.—The term ‘‘covered en24 tity’’ means— 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•HR 2463 IH

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

2 an entity that advertises rates or the pur3 chase of short-term lodging; 

4 (ii) a provider of a ticketing service 

5 that sells tickets for an event or retains the 

6 authority to otherwise distribute tickets for 

7 such event, whether as a primary seller of 

8 tickets or in the secondary marketplace for 

9 ticket sales; or 

10 (iii) any other entity determined ap11 propriate by the Commission through a 

12 rulemaking in accordance with section 553 

13 of title 5, United States Code. 

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

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

16 lodging’’ means any lodging that is offered for 

17 an occupancy of less than 6 months. 

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

19 fee’’ includes— 

20 (A) any fee or surcharge that a consumer 

21 is required to pay to purchase a good or service 

22 being advertised; 

23 (B) a fee or surcharge that is not reason24 ably avoidable; 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•HR 2463 IH

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

2 that a reasonable consumer would not expect to 

3 be included with the purchase of the good or 

4 service being advertised; or 

5 (D) any other fee or surcharge determined 

6 appropriate by the Commission. 

7 SEC. 3. COMMUNICATIONS SERVICE FEES. 

8 (a) ENDING EARLY TERMINATION FEES.— 

9 (1) IN GENERAL.—A provider of a covered serv10 ice may not charge a fee to, or impose a requirement 

11 that is excessive or unreasonable on, a consumer for 

12 the early termination of a covered service. 

13 (2) DEVICE PURCHASE AND RETURN.—Sub14 section (a) shall not prevent a provider of a covered 

15 service from charging a consumer for— 

16 (A) the cost of rental or loan equipment 

17 that is not returned to the provider within a 

18 reasonable period of time; or 

19 (B) the outstanding cost of a purchased 

20 device. 

21 (3) REGULATIONS.—The Federal Communica22 tions Commission may promulgate regulations to 

23 carry out this subsection. 

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

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


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•HR 2463 IH

1 the Federal Communications Commission shall commence 

2 a rulemaking proceeding— 

3 (1) to consider whether and how the Federal 

4 Communications Commission should— 

5 (A) require the disclosure of mandatory 

6 fees with respect to a covered service; or 

7 (B) prohibit the imposition of mandatory 

8 fees with respect to a covered service, in par9 ticular any such fee that a consumer would rea10 sonably assume to be included in the advertised 

11 price of such service; and 

12 (2) in which the Federal Communications Com13 mission may promulgate regulations to implement 

14 the requirements or prohibitions described in para15 graph (1). 

16 (c) ENFORCEMENT.— 

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

18 a regulation promulgated under this section shall be 

19 treated as a violation of the Communications Act of 

20 1934 (47 U.S.C. 151 et seq.) or a regulation pro21 mulgated under that Act. 

22 (2) MANNER OF ENFORCEMENT.—The Federal 

23 Communications Commission shall enforce this sec24 tion and the regulations promulgated under this sec25 tion in the same manner, by the same means, and 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•HR 2463 IH

1 with the same jurisdiction, powers, and duties as 

2 though all applicable terms and provisions of the 

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

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

5 section. 

6 (d) DEFINITIONS.—In this section: 

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

8 service’’— 

9 (A) means— 

10 (i) internet service; 

11 (ii) voice service (as defined in section 

12 227(e)(8) of the Communications Act of 

13 1934 (47 U.S.C. 227(e)(8)); 

14 (iii) commercial mobile service (as de15 fined in section 332(d) of the Communica16 tions Act of 1934 (47 U.S.C. 332(d)); 

17 (iv) commercial mobile data service 

18 (as defined in section 6001 of the Middle 

19 Class Tax Relief and Job Creation Act of 

20 2012 (47 U.S.C. 1401)); or 

21 (v) a service provided by a multi22 channel video programming distributor (as 

23 defined in section 602 of the Communica24 tions Act of 1934 (47 U.S.C. 522)), to the 

25 extent that such distributor is acting as a 


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•HR 2463 IH

1 multichannel video programming dis2 tributor; and 

3 (B) includes any other service offered or 

4 provided as part of a bundle or package with 

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

6 of subparagraph (A). 

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

8 fee’’ includes— 

9 (A) any fee or surcharge that a consumer 

10 is required to pay to purchase a good or service 

11 being advertised; 

12 (B) a fee or surcharge that is not reason13 ably avoidable; 

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

15 that a reasonable consumer would not expect to 

16 be included with the purchase of the good or 

17 service being advertised; or 

18 (D) any other fee or surcharge determined 

19 appropriate by the Federal Communications 

20 Commission. 

21 SEC. 4. SEATING YOUNG CHILDREN ADJACENT TO AN AC22 COMPANYING ADULT PASSENGER. 

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

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

25 end the following: 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•HR 2463 IH

1 ‘‘§ 41727. Seating young children adjacent to an ac2 companying adult on aircraft. 

3 ‘‘(a) APPLICABILITY.—The requirements of this sec4 tion apply for the purposes of each scheduled flight seg5 ment to or from any airport in the United States. 

6 ‘‘(b) GENERAL REQUIREMENT.— 

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

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

9 seats, or allows individuals to select seats, in ad10 vance of the date of departure of a flight shall seat 

11 each young child adjacent to an accompanying adult, 

12 provided that adjacent seat assignments are avail13 able at any time after the ticket is issued for the 

14 young child and before the first passenger boards 

15 the flight. 

16 ‘‘(2) UNASSIGNED SEATS.—Subject to sub17 section (f), an air carrier or foreign air carrier that 

18 does not assign seats or allow individuals to select 

19 seats in advance of the date of departure shall board 

20 customers in a manner that ensures each young 

21 child is seated adjacent to an accompanying adult. 

22 ‘‘(3) PROHIBITION ON FEES.— 

23 ‘‘(A) IN GENERAL.—An air carrier or for24 eign air carrier may not charge a fee or impose 

25 an additional cost to seat a young child adjaVerDate Sep 11 2014 22:14 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2463.IH H2463

pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•HR 2463 IH

1 cent to an accompanying adult within the same 

2 class of service. 

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

4 Every class of service an air carrier or foreign 

5 air carrier offers must allow for seating of a 

6 young child adjacent to an accompanying adult. 

7 ‘‘(C) PROHIBITION ON AVAILABILITY LIM8 ITS.—An air carrier or foreign air carrier may 

9 not limit the availability of adjacent seats in a 

10 manner that results in an undue burden on the 

11 ability of a young child to receive an advance 

12 seat assignment adjacent to an accompanying 

13 adult. 

14 ‘‘(c) ADDITIONAL REQUIREMENTS FOR ADVANCE

15 SEATING.— 

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

17 an air carrier or foreign air carrier that allows indi18 viduals to select seats or that assigns seats at the 

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

20 48 hours after the issuance of the ticket for each 

21 young child— 

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

23 adjacent to the seat assignment of an accom24 panying adult for each flight segment of the 


pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•HR 2463 IH

1 ticket at no additional cost, provided that adja2 cent seat assignments are available; or 

3 ‘‘(B) in the event that adjacent seat as4 signments are not available as described in sub5 paragraph (A), an accompanying adult the 

6 choice of— 

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

8 tickets for the young child and the accom9 panying adult, as well as any other indi10 vidual on the same reservation; or 

11 ‘‘(ii) waiting for adjacent seat assign12 ments to be provided by the carrier. 

13 ‘‘(2) REQUIRED OPTION PERIOD.—The air car14 rier or foreign air carrier shall provide the accom15 panying adult a period of not less than 7 days from 

16 the date of notification of the choice described in 

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

18 options described in clauses (i) and (ii) of such para19 graph. 

20 ‘‘(3) NO AVAILABLE ADJACENT SEAT ASSIGN21 MENT.—In the event that an accompanying adult 

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

23 and adjacent seat assignments for the young child 

24 and the accompanying adult on a ticketed flight seg25 ment do not become available before the first pasVerDate Sep 11 2014 22:14 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2463.IH H2463

pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•HR 2463 IH

1 senger boards the flight, the air carrier or foreign 

2 air carrier shall, at the choice of an accompanying 

3 adult— 

4 ‘‘(A) rebook the young child and the ac5 companying adult, as well as any other indi6 vidual on the same reservation, on the next 

7 available flight at no additional cost; or 

8 ‘‘(B) transport the young child and the ac9 companying adult on their original ticketed 

10 flight segment in seats that are not adjacent, 

11 when seats on the aircraft are available. 

12 ‘‘(d) ADDITIONAL REQUIREMENTS TO MITIGATE

13 PASSENGER HARM IN EVENT OF VIOLATION.—An air car14 rier or foreign air carrier that violates subsection (b) or 

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

16 ‘‘(1) rebook the young child and the accom17 panying adult, as well as any other individual on the 

18 same reservation, on the next available flight at no 

19 additional cost; 

20 ‘‘(2) provide— 

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

22 for the young child and the accompanying 

23 adult, as well as any other individual on the 

24 same reservation; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•HR 2463 IH

1 ‘‘(B) if such individuals are at a con2 necting airport, return air transportation for 

3 such individuals to their origination airport at 

4 no additional cost; or 

5 ‘‘(3) transport the young child and the accom6 panying adult on their original ticketed flight seg7 ment in seats that are not adjacent, when seats on 

8 the aircraft are available. 

9 ‘‘(e) ENFORCEMENT.— 

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

11 air carrier that violates a requirement of this section 

12 is subject to civil penalties as set forth in section 

13 46301 and other applicable remedies under this 

14 part. 

15 ‘‘(2) INVESTIGATIONS OF COMPLAINTS.— 

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

17 promptly investigate each complaint alleging a 

18 violation of this section that is received by the 

19 Department of Transportation. 

20 ‘‘(B) PUBLICATION OF DATA.—The Sec21 retary shall publish data on complaints alleging 

22 violations of this section in a manner com23 parable to other consumer complaint data. 

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

25 apply to the extent that— 


pbinns on DSKJLVW7X2PROD with $$_JOB
18 

•HR 2463 IH

1 ‘‘(1) the young child does not have an accom2 panying adult traveling with such child; 

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

4 from the young child or declines to accept a seat as5 signment or a seat that is adjacent to the seat as6 signment or seat of the young child offered without 

7 additional cost by the air carrier or foreign air car8 rier; 

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

10 the same party make it impossible for the air carrier 

11 or foreign air carrier to seat all the young children 

12 adjacent to an accompanying adult based on the seat 

13 layout of the aircraft; or 

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

15 deemed appropriate by final rule of the Secretary 

16 applies. 

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

18 ‘‘(1) ACCOMPANYING ADULT.—The term ‘ac19 companying adult’ means, with respect to a young 

20 child, an individual who is— 

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

22 of the scheduled departure of the flight; and 

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

24 young child. 


pbinns on DSKJLVW7X2PROD with $$_JOB
19 

•HR 2463 IH

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

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

3 is— 

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

5 aircraft as the seat of the young child; and 

6 ‘‘(B) not separated by an aisle. 

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

8 used in connection with seats or seat assignments, 

9 means capable of assignment by the air carrier or 

10 foreign air carrier without— 

11 ‘‘(A) an upgrade of a young child or an ac12 companying adult to a different class of service 

13 than ticketed; and 

14 ‘‘(B) displacing an individual with an as15 signed seat. 

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

17 service’ means first class, business class, general 

18 economy (including basic economy), or premium 

19 economy. 

20 ‘‘(5) NO ADDITIONAL COST.—The term ‘no ad21 ditional cost’ means no added charge for the seat be22 yond the fare. 

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

24 the Secretary of Transportation. 


pbinns on DSKJLVW7X2PROD with $$_JOB
20 

•HR 2463 IH

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

2 means an individual who is 13 years of age or 

3 younger on the date of the scheduled departure of 

4 the flight. 

5 ‘‘(h) REGULATIONS.—The Secretary may issue regu6 lations to implement this section, including regulations 

7 that amend the definitions in subsection (g). 

8 ‘‘(i) EFFECTIVE DATE.—This section shall take ef9 fect on the date that is 180 days after the date of the 

10 enactment of the this section.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis of chap12 ter 417 of title 49, United States Code, is amended by 

13 inserting after the item relating to section 41726 the fol14 lowing: 

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

15 (c) REPEAL OF FAA EXTENSION, SAFETY, AND SE16 CURITY ACT OF 2016 FAMILY SEATING PROVISION.—Sec17 tion 2309 of the FAA Extension, Safety, and Security Act 

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

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB