PRICE Act

The "Promoting Real-time Information on Cost Expenditure Act" establishes new pricing requirements for third-party delivery platforms. These platforms, defined as services primarily offering sale and same-day delivery from retail establishments, must adhere to strict rules regarding how they calculate and display fees to consumers.

A core provision mandates that delivery fees be calculated using a fixed methodology determined at the start of an order and based solely on the retail price of items and delivery-related factors like distance. Crucially, these fees cannot rely on user characteristics such as inferred price sensitivity, prior purchasing behavior, or willingness to pay, nor on negotiated arrangements between the platform and the retail establishment.

Furthermore, the bill requires platforms to enhance price transparency throughout the ordering process. When a user selects an item, the platform must prominently display the retail establishment's price for that item and any associated delivery fees. An ongoing total amount, including item costs, taxes, and all applicable fees, must also be shown as the user builds their order.

Before payment, platforms must provide a clear and conspicuous explanation of each delivery fee, detailing its amount, purpose, and refundability. The Federal Trade Commission (FTC) is empowered to enforce these provisions, treating violations as unfair or deceptive acts, and can issue necessary regulations. State Attorneys General are also authorized to bring civil actions to enforce compliance and seek remedies for residents.