(i) a party directly affiliated with the 
hotel; or 
(ii) an exhibition organizer or meeting 
planner or the official housing bureau for 
a meeting, conference, event, or exhibition 
held at the hotel. 
SEC. 4. REQUIREMENTS FOR THIRD PARTY ONLINE HOTEL 
RESERVATION SELLERS. 
(a) IN GENERAL.—It shall be unlawful for a third 
party online hotel reservation seller to charge or attempt 
to charge any consumer’s credit card, debit card, bank ac-
count, or other financial account for any good or service 
sold in a transaction effected on the Internet with respect 
to a hotel unless the third party online hotel reservation 
seller— 
(1) clearly and conspicuously discloses to the 
consumer all material terms of the transaction, in-
cluding— 
(A) before the conclusion of the trans-
action— 
(i) a description of the good or service 
being offered; and 
(ii) the cost of such good or service; 
and 
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(B) in a manner that is continuously visi-
ble to the consumer throughout the transaction 
process, that the person— 
(i) is a third party online hotel res-
ervation seller; and 
(ii) is not— 
(I) affiliated with the owner of 
the hotel or the entity that provides 
the hotel services or accommodations; 
or 
(II) an exhibition organizer or 
meeting planner or the official hous-
ing bureau for a meeting, conference, 
event, or exhibition held at the hotel; 
or 
(2) includes prominent and continuous disclo-
sure of the brand identity of the third party online 
hotel reservation seller throughout the transaction 
process, whether online or over the phone. 
(b) ENFORCEMENT BY COMMISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of subsection (a) by a person 
subject to such subsection shall be treated as a viola-
tion of a rule defining an unfair or deceptive act or 
practice prescribed under section 18(a)(1)(B) of the 
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Federal 
Trade 
Commission 
Act 
(15 
U.S.C. 
57a(a)(1)(B)). 
(2) POWERS OF COMMISSION.— 
(A) IN GENERAL.—The Commission shall 
enforce this section in the same manner, by the 
same means, and with the same jurisdiction, 
powers, and duties as though all applicable 
terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were in-
corporated into and made a part of this Act. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates this section shall be subject 
to the penalties and entitled to the privileges 
and immunities provided in the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.). 
(C) RULEMAKING.— 
(i) IN
GENERAL.—The Commission 
may promulgate such rules as the Commis-
sion considers appropriate to enforce this 
section. 
(ii) PROCEDURES.—The Commission 
shall carry out any rulemaking under 
clause (i) in accordance with section 553 of 
title 5, United States Code. 
(c) ENFORCEMENT BY STATES.— 
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(1) IN GENERAL.—In any case in which the at-
torney general of a State has reason to believe that 
an interest of the residents of the State has been or 
is being threatened or adversely affected by the en-
gagement of any person subject to subsection (a) in 
a practice that violates such subsection, the attorney 
general of the State may, as parens patriae, bring 
a civil action on behalf of the residents of the State 
in an appropriate district court of the United States 
to obtain appropriate relief. 
(2) RIGHTS
OF
FEDERAL
TRADE
COMMIS-
SION.— 
(A) NOTICE TO FEDERAL TRADE COMMIS-
SION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State shall notify the Commission in writ-
ing that the attorney general intends to 
bring a civil action under paragraph (1) 
before initiating any civil action against a 
person subject to subsection (a). 
(ii) CONTENTS.—The notification re-
quired under clause (i) with respect to a 
civil action shall include a copy of the com-
plaint to be filed to initiate the civil action. 
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(iii) EXCEPTION.—If it is not feasible 
for the attorney general of a State to pro-
vide the notification required by clause (i) 
before initiating a civil action under para-
graph (1), the attorney general shall notify 
the Commission immediately upon insti-
tuting the civil action. 
(B) INTERVENTION
BY
FEDERAL
TRADE 
COMMISSION.—The Commission may— 
(i) intervene in any civil action 
brought by the attorney general of a State 
under paragraph (1); and 
(ii) upon intervening— 
(I) be heard on all matters aris-
ing in the civil action; and 
(II) file petitions for appeal of a 
decision in the civil action. 
(3) INVESTIGATORY POWERS.—Nothing in this 
subsection may be construed to prevent the attorney 
general of a State from exercising the powers con-
ferred on the attorney general by the laws of the 
State— 
(A) to conduct investigations; 
(B) to administer oaths or affirmations; or 
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(C) to compel the attendance of witnesses 
or the production of documentary or other evi-
dence. 
(4) STATE
COORDINATION
WITH
FEDERAL 
TRADE COMMISSION.—If the Commission institutes a 
civil action or an administrative action with respect 
to a violation of subsection (a), the attorney general 
of a State shall coordinate with the Commission be-
fore bringing a civil action under paragraph (1) 
against any defendant named in the complaint of the 
Commission for the violation with respect to which 
the Commission instituted such action. 
(5) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in— 
(i) the district court of the United 
States that meets applicable requirements 
relating to venue under section 1391 of 
title 28, United States Code; or 
(ii) another court of competent juris-
diction. 
(B) SERVICE OF PROCESS.—In an action 
brought under paragraph (1), process may be 
served in any district in which the defendant— 
(i) is an inhabitant; or 
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