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Comments due on FTC ANPR on junk fees

02/08/2023
Status: 

The Federal Trade Commission has published an advance notice of proposed rulemaking. The Commission proposes to begin a rulemaking proceeding to address certain deceptive or unfair acts or practices relating to fees. The Commission is soliciting written comment, data, and argument concerning the need for such a rulemaking to prevent persons, entities, and organizations from imposing such fees on consumers.

For the purposes of this proposed rulemaking, the term "junk fees" refers to unfair or deceptive fees that are charged for goods or services that have little or no added value to the consumer, including goods or services that consumers would reasonably assume to be included within the overall advertised price; the term also encompasses “hidden fees,” which are fees for goods or services that are deceptive or unfair, including because they are disclosed only at a later stage in the consumer's purchasing process or not at all, whether or not the fees are described as corresponding to goods or services that have independent value to the consumer.

Comments will be accepted through January 9, 2023. UPDATE: On December 21, 2022, the FTC announced a 30-day extension comment deadline to February 8, 2023.

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