Sponsor
Ben Ray Luján
Senator · D-NM
Senator · D-NM
The bill increases price transparency and consumer protections (and gives federal and state enforcers clearer authority) at the cost of higher compliance and litigation risks that could raise prices, reduce platform promotions or functionality, and create regulatory uncertainty for businesses.
All consumers (including middle-class and low-income households) see item prices and delivery fees up front, reducing surprise charges at checkout and making ordering costs more predictable.
Small brick-and-mortar retailers and restaurants gain clearer protection and more predictable fee practices from delivery platforms, helping them avoid surprise extra charges and plan pricing.
Consumers receive stronger rights protections because platforms are restricted from charging fees based on personal data or inferred willingness to pay, reducing discriminatory or opaque price targeting.
Platform companies face higher compliance and legal costs (from new display rules, restrictions, and coordinated enforcement), risks that are likely to be passed to consumers and restaurants as higher prices or reduced service options.
Restaurants and small businesses may end up paying higher effective fees or losing platform-negotiated functionality and promotions if platforms pass on compliance costs or are restricted from arranging certain negotiated discounts.
Restrictions on using user-characteristic proxies could limit personalized discounts and targeted promotions, reducing savings for frequent users and some demographic groups who currently benefit from tailored offers.
Based on analysis of 4 sections of legislative text.
Requires third‑party delivery platforms to use fixed, transparent delivery‑fee methods, display item prices and running totals, and explain each delivery fee before payment.
Official title: Require third-party delivery platforms to follow certain pricing practices, and for other purposes.
Introduced April 27, 2026 by Ben Ray Luján · Last progress April 27, 2026
Makes third-party delivery platforms disclose how they calculate and display delivery fees and order totals, and bans fee choices that use customer-specific characteristics or platform–restaurant deals. It requires platforms to set fee methods before a user begins ordering, show item prices and delivery fees clearly during ordering, explain each fee before payment, and allows the FTC and state attorneys general to enforce the rules. Takes effect 90 days after enactment and treats violations as unfair or deceptive practices enforceable by the FTC (with implementing regulations) and by state AGs through parens patriae actions subject to notice and coordination with the FTC.