SB 416: "Stop Online Booking Scams Act"; enact
Introduced version, the latest LegiScan holds · Last action January 27, 2026 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
Senate Bill 416
By: Senators Halpern of the 39th, Anavitarte of the 31st, Echols of the 49th, Jones II of the 22nd, Sims of the 12th and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to prohibit third-party hotel booking websites from misrepresenting their affiliations with hotels; to designate such misrepresentation as an unlawful, unfair, and deceptive trade practice; to provide for definitions; to provide for statutory construction; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Stop Online Booking Scams Act."
SECTION 2.
Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," is amended in subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful and examples, by deleting "and" at the end of paragraph (36), by replacing the period with "; and" at the end of paragraph (37), and by adding a new paragraph to read as follows: "(38) Failure to comply with the provisions of Code Section 10-1-393.22."
SECTION 3.
Said part is further amended by adding a new Code section to read as follows:
"10-1-393.22.
(a) As used in this Code section, the term:
(1) 'Affiliation contract' means a contract between an online platform and the owner of the physical accommodation, the entity that operates the physical accommodation, or the franchisor of the physical accommodation to provide online reservation services for the physical accommodation.
(2) 'Exhibition organizer or meeting planner' means the person responsible for all aspects of planning, promoting, and producing a meeting, conference, event, or exhibition, including overseeing and arranging all physical accommodation reservation plans and contracts for the meeting, conference, event, or exhibition.
(3) 'Physical accommodation' shall have the same meaning ascribed to the term 'hotel' in Code Section 3-9-10.
(4) 'Shared hotel brand' means an identifying trademark under which a hotel operator is expressly licensed to operate in accordance with the terms of a hotel franchise or management agreement.
(5) 'Third-party hotel booking website' or 'website' means an online platform, website, phone or mobile application, call center, or service that facilitates the reservation or booking of accommodations in this state for consumers but is not directly affiliated with the physical accommodation being booked. Such term shall not include:
(A) An online platform, website, phone or mobile application, call center, or service that is operated under a shared hotel brand;
(B) An online platform that facilitates the reservation or booking of accommodations by connecting consumers to operators and owners of rental properties, hotels, motels, or other short-term accommodations, provided that the online platform has an affiliation contract with the owner, operator, or franchisor of the physical accommodation for which they are facilitating bookings; or
(C) An exhibition organizer or meeting planner or the official housing bureau for a meeting, conference, event, or exhibition held at the physical accommodation.
(b) Without otherwise limiting the definition of unfair or deceptive acts or practices under this part, it shall be unlawful for a third-party hotel booking website to facilitate the booking or reservation of accommodations in this state without clearly and conspicuously disclosing to the consumer that:
(1) The website is a third-party booking service and not directly affiliated with the physical accommodation; and
(2) The consumer is not directly booking with the accommodation itself, and the website functions as an unaffiliated intermediary for the transaction.
(c) The disclosure required under subsection (b) of this Code section shall be displayed in a clear and conspicuous manner on the webpage or interface where the consumer selects accommodations for booking and shall appear first in any search results. A disclosure is not clear and conspicuous if a consumer must take any action, such as clicking on a hyperlink or hovering over an icon, to see it. The disclosure shall appear prior to the entry of any personal data and shall be separate from any general terms and conditions or legal disclaimers. In any oral communication with a consumer, the disclosure shall be communicated before any offer or information regarding the accommodation. The disclosure shall not be included solely in the third-party hotel booking website's general terms and conditions or in any other section that requires the consumer to click through multiple links or read extensive legal text."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.