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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). American consumers, workers, and small businesses today are swamped with junk fees that frustrate consumers, erode trust, impair comparison shopping, and facilitate inflation. A Commission rule codifying prohibitions against or limitations on certain kinds of prevalent unfair or deceptive fee practices could protect consumers and bring 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 October 11, 2023, the Commission announced that it was publishing a notice of proposed rulemaking to promulgate a trade regulation rule entitled Rule on Unfair or Deceptive Fees,” which would 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. The public comment period will close 60 days after publication in the Federal Register.