| Summary |
Section 2 of the bill:
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Prohibits a person from offering, displaying, or advertising
pricing information for a good, service, or property unless
the person discloses the maximum total (total price) of all
amounts that a person may pay for the good, service, or
property, not including a government charge or shipping
charge (total price disclosure requirement);
•
Prohibits a person from misrepresenting the nature and
purpose of pricing information for a good, service, or
property;
•
Requires a person to disclose the nature and purpose of
pricing information for a good, service, or property that is
not part of the total price; and
•
Prohibits a landlord from requiring a tenant to pay certain
fees, charges, or amounts.
A person does not violate the total price disclosure requirement if
the person does not use deceptive, unfair, and unconscionable acts or
practices related to the pricing of goods, services, or property and if the
person:
•
Is a food and beverage service establishment that:
•
Includes a disclosure in the total price for a good or
service the amount of any mandatory service charge
and how the mandatory service charge is
distributed; and
•
Distributes any mandatory service charge
exclusively to nonmanagerial employees in
accordance with applicable laws; or
•
Can demonstrate that the person is governed by and
compliant with applicable federal law regarding pricing
transparency.
A violation of the above prohibitions and requirement (violation)
constitutes a deceptive, unfair, and unconscionable act or practice.
Section 2 also, along with any other remedies available by law or
in equity, allows a person aggrieved by a violation to bring a civil action
and send a written demand for the violation. If a person declines to make
full legal tender of all fees, charges, amounts, or damages demanded or
refuses to cease charging the aggrieved person within 14 days after
receiving the written demand, the person is liable for the greater of:
•
3 times the actual damages incurred; or
•
At least $100 to no more than $1,000 per person per
violation.
Current law prohibits a written rental agreement from including a
provision requiring a tenant to pay a markup or fee for a service for which
the landlord is billed by a third party. Section 3 changes that provision to
prohibit the inclusion of a provision in a written rental agreement that
requires a tenant to pay a fee that is a violation.
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