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On November 8, 2022, the Federal Trade Commission issued an advance notice of proposed rulemaking to address certain deceptive or unfair acts or practices relating to fees. 87 FR 67413 (Nov. 8, 2022). A Commission rule codifying prohibitions against or limitations on certain kinds of prevalent unfair or deceptive fee practices protects the American people and brings greater price transparency to the marketplace. The Commission solicited written comment, data, and argument concerning the need for such a rulemaking to prevent persons, entities, and organizations from imposing such fees on consumers. The public comment period as extended closed on February 8, 2023.

On November 9, 2023, the Commission issued a notice of proposed rulemaking to promulgate a trade regulation rule to prohibit unfair or deceptive practices relating to fees for goods or services, specifically, misrepresenting the total costs of goods and services by omitting mandatory fees from advertised prices and misrepresenting the nature and purpose of fees. 88 FR 77420 (Nov. 9, 2023). The extended public comment period closed on February 7, 2024. On April 24, 2024, the Commission held an informal hearing at the request of eight commenters. Seventeen commenters participated at the informal hearing.

On January 10, 2025, the Commission issued the Final Rule, which requires that businesses clearly and conspicuously disclose the true total price inclusive of all mandatory fees whenever they offer, display, or advertise any price of live-event tickets or short-term lodging. Businesses cannot misrepresent any fee or charge in any offer, display, or ad for live-event tickets or short-term lodging. 90 FR 2066 (Jan. 10, 2025). The Rule was effective on May 12, 2025.