SB583: SB583 False Advertising; any person, firm, or corporation to display all fees associated with a consumer transaction when displaying the total price of a good; require

26 LC 64 0079 Senate Bill 583 By: Senators Halpern of the 39th, Jackson of the 41st, Jones II of the 22nd, Parent of the 44th, McLaurin of the 14th and others A BILL TO BE ENTITLED AN ACT To amend Part 4 of Article 15 of Chapter 1 of Title 10 of the O fficial Code of Georgia1 Annotated, relating to false advertising, so as to require any person, firm, or corporation to2 display all fees associated with a consumer transaction when displaying the total price of a3 good; to provide for exceptions; to provide for violations; to provide for definitions; to4 provide for related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Part 4 of Article 15 of Chapter 1 of Title 10 of the Official C ode of Georgia Annotated,8 relating to false advertising, is amended by adding a new Code section to read as follows:9 "10-1-428.10 (a) As used in this Code section, the term:11 (1) 'Broadband service' shall have the same meaning as set for th in Code Section12 46-5-62.13 (2) 'Consumer transaction' means the sale, purchase, lease, or rental of goods, services,14 or property, real or personal, primarily for personal, family, or household purposes.15 S. B. 583 - 1 - 26 LC 64 0079 (3) 'Price-variable supplier' means any person, firm, or corporation which offers services,16 the total price of which is adjusted based on consumer selectio ns or preferences, or17 dependent on distance and time of such service provided.18 (b) No person, firm, or corporation shall, in connection with a consumer transaction,19 advertise or display a price for goods or services without clea rly and conspicuously20 displaying the total price, which shall include all mandatory f ees, surcharges, or the21 percentage of any automatic and mandatory gratuities charged. Such clear and conspicuous 22 display of the total price shall have prominent placement, font size, and contrast23 comparable to the advertisement or display as a whole. A perso n, firm, or corporation24 which provides both a good and a service to consumers may display or advertise the total25 price of the good separately from the total price or rate charged for providing the service.26 (c) Provisions of this Code section shall not apply to:27 (1) A price-variable supplier who is compliant with subsection (b) of this Code section28 if such supplier clearly and conspicuously discloses:29 (A) The factors determining the final price;30 (B) Any mandatory fees or surcharges associated with the transaction; and31 (C) That the total cost of services may vary;32 (2) A provider of broadband service on its own or as part of a bundle that complies with33 federal broadband consumer requirements codified in 47 C.F.R. Section 8.2(a);34 (3) A firm or corporation providing broadcast services which complies with the pricing35 requirements of 47 C.F.R. Section 76.310; and36 (4) A provider of live-event tickets that complies with the provisions of 16 C.F.R. Part37 464 relating to live-event tickets.38 (d) It shall not be a violation of this Code section for any person, firm, or corporation to:39 (1) Reduce the total price that was previously advertised or displayed;40 (2) Display a promotion or discount, including an offer to waive one or more mandatory41 fees; or42 S. B. 583 - 2 - 26 LC 64 0079 (3) Advertise or display a price for goods and services in compliance with any federal43 laws which preempt or preclude applicable persons, firms, or corporations.44 (e) Any violation of this Code section shall be considered a v iolation of Part 2 of this45 article, the 'Fair Business Practices Act of 1975.'"46 SECTION 2.47 All laws and parts of laws in conflict with this Act are repealed.48 S. B. 583 - 3 -