Title 59.1. Trade and Commerce
Subtitle .
Chapter 58. Mandatory Fees or Surcharges
Chapter 58. Mandatory Fees or Surcharges.
§ 59.1-607. Definitions.As used in this chapter, unless the context requires a different meaning:
"Auction" has the same meaning as provided in § 54.1-600.
"Broadband Internet access service" has the same meaning as provided in 47 C.F.R. § 8.1(b).
"Cable operator" has the same meaning as provided in 47 U.S.C. § 522.
"Clear and conspicuous" and "clearly and conspicuously" have the same meaning as provided for those terms in § 59.1-207.45.
"Consumer transaction" has the same meaning as provided in § 59.1-198.
"Electric utility" has the same meaning as provided in § 56-576.
"Federal broadband consumer requirements" means the broadband consumer requirements adopted by the Federal Communications Commission in FCC 22-86 on November 14, 2022.
"Hotel" has the same meaning as provided in § 35.1-1.
"Mandatory fees or surcharges" includes any additional fee or surcharge that must be paid in order to purchase the good or service being advertised. "Mandatory fees or surcharges" does not include (i) taxes or fees imposed on the consumer by a government or government-approved entity or assessment fees of a government-created special district or program paid to the government or government-approved entity or (ii) reasonable postage or shipping fees.
"Motor vehicle dealer" has the same meaning as provided in § 46.2-1500.
"Natural gas utility" has the same meaning as provided in § 56-610.
"Price-variable supplier" means a supplier that offers services the total price of which is determined by consumer selections or preferences or dependent on distance or time.
"Restaurant" has the same meaning as provided in § 35.1-1.
"Settlement services" has the same meaning as provided in 12 U.S.C. § 2602(3).
"Supplier" has the same meaning as provided in § 59.1-198.
"Telecommunications service provider" has the same meaning as provided in § 56-466.1.
A. No supplier shall, in connection with a consumer transaction, advertise or display a price for goods or services without clearly and conspicuously displaying the total price, which shall include all mandatory fees or surcharges. A supplier that provides both a good and a service to consumers may comply with this section by displaying or advertising the total price of the good separately from the total price or rate charged for providing the service.
B. A supplier offering goods or services in an auction is compliant with this section if such supplier clearly and conspicuously discloses any mandatory fees associated with the transaction and that the total cost of such goods or services may vary.
C. A restaurant or hotel is compliant with this section if, in every offer or advertisement for the purchase of a good or service that includes pricing information, such restaurant or hotel includes a clear and conspicuous disclosure of the percentage of any automatic and mandatory gratuities charged.
D. A price-variable supplier is compliant with this section if such supplier clearly and conspicuously discloses (i) the factors determining the final price, (ii) any mandatory fees or surcharges associated with the transaction, and (iii) that the total cost of services may vary.
E. A provider of broadband Internet access service on its own or as part of a bundle that complies with federal broadband consumer requirements codified in 47 C.F.R. § 8.2(a) shall be deemed compliant with this section.
F. A cable operator that complies with the pricing requirements of 47 U.S.C. § 552 shall be deemed compliant with this section.
G. A direct broadcast satellite provider that complies with the pricing requirements of 47 C.F.R. 76.310 shall be deemed compliant with this section.
H. A provider of live-event tickets that complies with the provisions of 16 C.F.R. Part 464 relating to live-event tickets shall be deemed compliant with this section.
I. A food delivery platform that complies with the provisions of Chapter 54 (§ 59.1-586 et seq.) shall be deemed compliant with this section.
A. It shall not be a violation of this chapter for any supplier to (i) reduce the total price that was previously advertised or displayed; (ii) display a promotion or discount, including an offer to waive one or more mandatory fees; or (iii) advertise or display a price for goods and services in compliance with specific state or federal laws applicable to such supplier.
B. No provision of this chapter shall apply to (i) fees authorized by law related to the purchase or lease of a motor vehicle that are charged by a motor vehicle dealer; (ii) fees, surcharges, or costs charged by any electric utility, natural gas utility, or telecommunications service provider; (iii) any fees, surcharges, or other costs associated with settlement services, provided that such associated costs do not include real estate broker commissions and fees; or (iv) the provision of air transportation by air carriers, as such terms are defined in 49 U.S.C. § 40102.
C. No provision of this chapter shall apply to a supplier if such application is expressly preempted by federal law.
Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
