II 118th CONGRESS 2d Session S. 3865 IN THE SENATE OF THE UNITED STATES March 5, 2024 Mr. Cotton (for himself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require rental car companies to allow customers to terminate a rental car agreement if they would otherwise be forced to rent an electric motor vehicle against their wishes.

1. Short title This Act may be cited as the Requiring EV Notification and Transparency Act of 2024 or the RENT Act of 2024 . 2. Requirements for rental car companies pertaining to electric motor vehicles (a) Customer choice A rental car company shall only provide a customer with an electric motor vehicle pursuant to a rental agreement between the rental car company and the customer if the customer opts in to renting an electric motor vehicle. (b) Requirements To provide notice and opportunity To terminate rental agreement (1) Notice A rental car company shall notify a customer not later than 12 hours before the customer is scheduled to pick up a motor vehicle pursuant to a rental agreement between the customer and the rental car company that the rental car company believes that it is more likely than not that the only motor vehicles available to rent are electric motor vehicles if— (A) the customer enters into such rental agreement at a time earlier than 24 hours before the customer is scheduled to pick up a motor vehicle; and (B) the customer did not opt in to renting an electric motor vehicle. (2) Opportunity to terminate rental agreement; Waiver of fees or penalties A rental car company shall allow a customer to terminate a rental agreement and may not subject the customer to any fees or penalties associated with terminating a rental agreement if the customer did not opt in to renting an electric motor vehicle and— (A) the customer receives a notice described in paragraph (1); or (B) there are only electric motor vehicles available when the customer arrives to pick up a motor vehicle. (c) Enforcement by the Commission (1) Unfair or deceptive act or practices A violation of this Act or a regulation promulgated under this Act shall be treated as an unfair or deceptive act or practice in violation of a rule promulgated under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the Commission (A) In general The Commission shall enforce this Act 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 incorporated into and made a part of this Act. (B) Privileges and immunities Any rental car company that violates this Act or a regulation promulgated under this Act 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) Authority preserved Nothing in this Act shall be construed to limit or expand the authority of the Commission under any other provision of law. (D) Rulemaking Not later than 90 days after the enactment of this Act, the Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act. (3) Effect on State law Nothing in this Act shall preclude the application of the law of any State that requires rental car companies to disclose more information to customers regarding renting an electric motor vehicle. (d) Enforcement by individuals (1) In general Any individual who has been harmed by a violation of this Act by a rental car company may bring a civil action against such company in a Federal court of competent jurisdiction. (2) Relief In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award the plaintiff— (A) an amount equal to the sum of any damages sustained for each violation; (B) reasonable attorney fees and litigation costs. (e) Definitions In this Act: (1) Airport The term airport has the meaning given that term in section 40102 of title 49, United States Code. (2) Commission The term Commission means the Federal Trade Commission. (3) Electric motor vehicle The term electric motor vehicle means a motor vehicle designed to operate exclusively on electricity stored in a rechargeable battery, multiple batteries, or a battery pack. (4) Motor vehicle The term motor vehicle means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. (5) Rental car company The term rental car company — (A) means any person engaged in the business of renting motor vehicles of any type that— (i) operates in 2 or more States; (ii) operates on or within 5 miles of an airport; and (iii) used for rental purposes a motor vehicle fleet of 1,000 or more motor vehicles, on average, during the most recent calendar year; and (B) includes any entity that is a subsidiary of a person described in subparagraph (A).