North Carolina 2025-2026 Regular Session

North Carolina House Bill H955 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 955
	3	+	H D
	4	+	HOUSE BILL DRH40507-MU-47
	5	+
5	6
6	7
7	8		Short Title: NC Junk Fee Prevention Act. (Public)
8	9		Sponsors: Representative Longest.
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	April 14, 2025
12		-	H955 -v-1
	10	+	Referred to:
	11	+
	12	+	DRH40507 -MU-47
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT TO ENACT THE NORTH CAROLINA JUNK FEE PREVENTION ACT. 2
15	15		The General Assembly of North Carolina enacts: 3
16	16		SECTION 1. Chapter 66 of the General Statutes is amended by adding a new Article 4
17	17		to read: 5
18	18		"Article 52. 6
19	19		"North Carolina Junk Fee Prevention Act. 7
20	20		"§ 66-511. Short title. 8
21	21		This Article may be cited as the North Carolina Junk Fee Prevention Act. 9
22	22		"§ 66-512. Definitions. 10
23	23		Definitions. – The following definitions apply in this Article: 11
24	24		(1) Consumer. – An individual residing or traveling in this State. 12
25	25		(2) Covered entity. – Either of the following: 13
26	26		a. A provider of short-term lodging or an entity that advertises rates or 14
27	27		the purchase of short-term lodging. 15
28	28		b. Any other entity determined appropriate by the Attorney General. 16
29	29		(3) Covered service. – Any of the following: 17
30	30		a. Internet service. 18
31	31		b. Voice service (as defined in section 227(e)(8) of the Communications 19
32	32		Act of 1934 (47 U.S.C. § 227(e)(8))). 20
33	33		c. Commercial mobile service (as defined in section 332(d) of the 21
34	34		Communications Act of 1934 (47 U.S.C. § 332(d))). 22
35	35		d. Commercial mobile data service (as defined in section 6001 of the 23
36	36		Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. § 24
37	37		1401)). 25
38	38		e. A service provided by a multichannel video programming distributor 26
39	39		(as defined in section 602 of the Communications Act of 1934 (47 27
40	40		U.S.C. § 522)), to the extent that the distributor is acting as a 28
41	41		multichannel video programming distributor. 29
42	42		f. Any other service offered or provided as part of a bundle or package 30
43	43		with any service described in sub-subdivisions a. through e. of this 31
44	44		subdivision. 32
45	45		(4) Mandatory fee. – Includes any of the following: 33
46	46		a. Any fee or surcharge that a consumer is required to pay to purchase a 34
47		-	good or service being advertised. 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 955-First Edition
49		-	b. A fee or surcharge that is not reasonably avoidable. 1
50		-	c. A fee or surcharge for a good or service that a reasonable consumer 2
51		-	would not expect to be included with the purchase of the good or 3
52		-	service being advertised. 4
53		-	d. Any other fee or surcharge determined appropriate by the Attorney 5
54		-	General. 6
55		-	(5) Short-term lodging. – Any lodging that is offered for an occupancy of less 7
56		-	than six months. 8
57		-	"§ 66-513. Requirements for covered entities. 9
58		-	(a) Hidden Fees. – A covered entity shall clearly and conspicuously display, in each 10
59		-	advertisement and whenever a price is first shown to a consumer, the total price of the good or 11
60		-	service provided by the covered entity, including any mandatory fees a consumer would incur 12
61		-	during the transaction; the amount of these fees shall not increase during the purchase process. 13
62		-	(b) Excessive or Deceptive Fees. – A covered entity shall not impose on a consumer or 14
63		-	advertise any mandatory fees that are excessive or deceptive for any good or service offered by 15
64		-	the covered entity. 16
65		-	(c) Protecting Refunds. – A covered entity shall clearly and conspicuously disclose any 17
66		-	guarantee or refund policy prior to the completion of a transaction by a consumer and, in the 18
67		-	event of a refund, shall provide a refund in the amount of the total cost of the ticket, including 19
68		-	any mandatory fees. 20
69		-	"§ 66-514. Requirements for covered services. 21
70		-	A provider of a covered service shall not charge a fee for, or impose a requirement that is 22
71		-	excessive or unreasonable on, a consumer for the early termination of a covered service. This 23
72		-	section does not prevent a provider of a covered service from charging a consumer for either of 24
73		-	the following: 25
74		-	(1) The cost of rental or loan equipment that is not returned to the provider within 26
75		-	a reasonable period of time. 27
76		-	(2) The outstanding cost of a purchased device. 28
77		-	"§ 66-515. Rulemaking; enforcement. 29
78		-	(a) The Attorney General may adopt rules to implement this Article. 30
79		-	(b) The Attorney General may assess a civil penalty against a person that violates this 31
80		-	Article, not to exceed five thousand dollars ($5,000) for each violation. The clear proceeds of 32
81		-	civil penalties imposed pursuant to this subsection shall be remitted to the Civil Penalty and 33
82		-	Forfeiture Fund in accordance with G.S. 115C-457.2. The Attorney General may also take other 34
83		-	appropriate enforcement action, including ordering a person to cease and desist from violating 35
84		-	this Article. 36
85		-	(c) In determining whether a fee is excessive under G.S. 66-513(b), the Attorney General 37
86		-	shall consider all of the following factors: 38
87		-	(1) Whether the fee is reasonable and proportional to the cost of the good or 39
88		-	service provided by the covered entity. 40
89		-	(2) The reason for which the covered entity charges the fee. 41
90		-	(3) Any other factor determined appropriate by the Attorney General. 42
91		-	(d) A violation of this Article is an unfair or deceptive trade practice under G.S. 75-1.1." 43
92		-	SECTION 2. G.S. 75-44 reads as rewritten: 44
93		-	"§ 75-44. Ticket price transparency. 45
94		-	(a) As used in this section the following definitions apply: 46
95		-	(1) Entertainment event. – A sporting game or contest, concert, or other 47
96		-	entertainment performance with a live presentation element in this State for 48
97		-	which attendance is available to the public through the purchase of ticket. 49
98		-	(2) Mandatory fee. – Any fee or surcharge that a consumer must pay in order to 50
99		-	purchase a ticket to an entertainment event. 51 General Assembly Of North Carolina Session 2025
100		-	House Bill 955-First Edition Page 3
	47	+	good or service being advertised. 35
	48	+	b. A fee or surcharge that is not reasonably avoidable. 36
	49	+	H.B. 955
	50	+	Apr 10, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH40507-MU-47
	53	+	c. A fee or surcharge for a good or service that a reasonable consumer 1
	54	+	would not expect to be included with the purchase of the good or 2
	55	+	service being advertised. 3
	56	+	d. Any other fee or surcharge determined appropriate by the Attorney 4
	57	+	General. 5
	58	+	(5) Short-term lodging. – Any lodging that is offered for an occupancy of less 6
	59	+	than six months. 7
	60	+	"§ 66-513. Requirements for covered entities. 8
	61	+	(a) Hidden Fees. – A covered entity shall clearly and conspicuously display, in each 9
	62	+	advertisement and whenever a price is first shown to a consumer, the total price of the good or 10
	63	+	service provided by the covered entity, including any mandatory fees a consumer would incur 11
	64	+	during the transaction; the amount of these fees shall not increase during the purchase process. 12
	65	+	(b) Excessive or Deceptive Fees. – A covered entity shall not impose on a consumer or 13
	66	+	advertise any mandatory fees that are excessive or deceptive for any good or service offered by 14
	67	+	the covered entity. 15
	68	+	(c) Protecting Refunds. – A covered entity shall clearly and conspicuously disclose any 16
	69	+	guarantee or refund policy prior to the completion of a transaction by a consumer and, in the 17
	70	+	event of a refund, shall provide a refund in the amount of the total cost of the ticket, including 18
	71	+	any mandatory fees. 19
	72	+	"§ 66-514. Requirements for covered services. 20
	73	+	A provider of a covered service shall not charge a fee for, or impose a requirement that is 21
	74	+	excessive or unreasonable on, a consumer for the early termination of a covered service. This 22
	75	+	section does not prevent a provider of a covered service from charging a consumer for either of 23
	76	+	the following: 24
	77	+	(1) The cost of rental or loan equipment that is not returned to the provider within 25
	78	+	a reasonable period of time. 26
	79	+	(2) The outstanding cost of a purchased device. 27
	80	+	"§ 66-515. Rulemaking; enforcement. 28
	81	+	(a) The Attorney General may adopt rules to implement this Article. 29
	82	+	(b) The Attorney General may assess a civil penalty against a person that violates this 30
	83	+	Article, not to exceed five thousand dollars ($5,000) for each violation. The clear proceeds of 31
	84	+	civil penalties imposed pursuant to this subsection shall be remitted to the Civil Penalty and 32
	85	+	Forfeiture Fund in accordance with G.S. 115C-457.2. The Attorney General may also take other 33
	86	+	appropriate enforcement action, including ordering a person to cease and desist from violating 34
	87	+	this Article. 35
	88	+	(c) In determining whether a fee is excessive under G.S. 66-513(b), the Attorney General 36
	89	+	shall consider all of the following factors: 37
	90	+	(1) Whether the fee is reasonable and proportional to the cost of the good or 38
	91	+	service provided by the covered entity. 39
	92	+	(2) The reason for which the covered entity charges the fee. 40
	93	+	(3) Any other factor determined appropriate by the Attorney General. 41
	94	+	(d) A violation of this Article is an unfair or deceptive trade practice under G.S. 75-1.1." 42
	95	+	SECTION 2. G.S. 75-44 reads as rewritten: 43
	96	+	"§ 75-44. Ticket price transparency. 44
	97	+	(a) As used in this section the following definitions apply: 45
	98	+	(1) Entertainment event. – A sporting game or contest, concert, or other 46
	99	+	entertainment performance with a live presentation element in this State for 47
	100	+	which attendance is available to the public through the purchase of ticket. 48
	101	+	(2) Mandatory fee. – Any fee or surcharge that a consumer must pay in order to 49
	102	+	purchase a ticket to an entertainment event. 50 General Assembly Of North Carolina Session 2025
	103	+	DRH40507-MU-47 Page 3
101	104		(3) Resale. – The second or subsequent sale of a ticket through a website or other 1
102	105		electronic means. 2
103	106		(4) Reseller. – A person engaged in the resale of tickets. 3
104	107		(5) Secondary ticket exchange. – An electronic marketplace that enables persons 4
105	108		to sell, purchase, and resell tickets. 5
106	109		(6) Ticket issuer. – The person that is the first seller of tickets for an entertainment 6
107	110		event, including a musician or musical group, an operator of a venue, sponsor 7
108	111		or a promoter of an entertainment event, a sports team participating in an 8
109	112		entertainment event, a sports league whose teams are participating in an 9
110	113		entertainment event, a theater company, a marketplace or service operated for 10
111	114		consumers to make an initial purchase of tickets, or an agent of any of the 11
112	115		persons listed in this subdivision. 12
113	116		(7) Ticketing session. – The period of time beginning when the price of a ticket 13
114	117		to an entertainment event is first displayed to a person through a website or 14
115	118		application and ending when the person has not purchased the ticket within 15
116	119		the time period prescribed by the secondary ticket exchange, ticket issuer, or 16
117	120		reseller. 17
118	121		(b) A secondary ticket exchange, ticket issuer, or reseller shall meet the following 18
119	122		requirements when listing a ticket for sale or resale: 19
120	123		(1) At any time the price of the ticket is displayed to the purchaser, the listing 20
121	124		shall clearly and conspicuously disclose the total price of the ticket, including 21
122	125		all mandatory fees and the maximum order processing fee, if any. 22
123	126		(2) The total price of the ticket initially displayed at the beginning of a ticketing 23
124	127		session shall not be increased during that ticketing session, except by the 24
125	128		addition of the charges permitted under subdivision (4) of this subsection. 25
126	129		(3) The listing shall clearly and conspicuously disclose to the consumer the 26
127	130		existence and actual dollar amount of each mandatory fee, if any, prior to the 27
128	131		completion of the transaction. The descriptor used to identify each mandatory 28
129	132		fee shall not be deceptive or misleading. 29
130	133		(4) The following charges are not mandatory fees and may be added to the ticket 30
131	134		price and shall be disclosed to the purchaser prior to purchase of the ticket: 31
132	135		a. Actual charges required to deliver a non-electronic ticket to the 32
133	136		address specified by the purchaser by the delivery method designated 33
134	137		by the purchaser. 34
135	138		b. Taxes or fees imposed on the transaction by any government. 35
136	139		c. A reasonable fee for processing the order. In no event shall the order 36
137	140		processing fee exceed the charge that the secondary ticket exchange, 37
138	141		ticket issuer, or reseller pays to a payment card entity to facilitate or 38
139	142		process the payment. 39
140	143		(5) Not less than 72 hours prior to the first public sale or presale of a ticket, the 40
141	144		secondary ticket exchange, ticket issuer, or reseller shall clearly and 41
142	145		conspicuously disclose to the public, including at the point of sale, the total 42
143	146		number of tickets offered for sale by it for the given event. 43
144	147		(6) If the secondary ticket exchange, ticket issuer, or reseller does not possess a 44
145	148		ticket at the time of the sale, it shall provide to the consumer both of the 45
146	149		following: 46
147	150		a. A clear and conspicuous notice that the secondary ticket exchange, 47
148	151		ticket issuer, or reseller does not possess the ticket. 48
149	152		b. A full refund if the secondary ticket exchange, ticket issuer, or reseller 49
150	153		cannot provide the ticket advertised to the consumer in a timely 50
151	154		manner prior to the event. 51 General Assembly Of North Carolina Session 2025
152		-	Page 4 ~~House Bill 955-First Edition~~
	155	+	Page 4 DRH40507-MU-47
153	156		(c) A violation of this section is an unfair trade practice under G.S. 75-1.1 and is subject 1
154	157		to all of the investigative, enforcement, and penalty provisions of an unfair trade practice under 2
155	158		this Article." 3
156	159		SECTION 3. G.S. 14-344 is repealed. 4
157	160		SECTION 4. This act becomes effective October 1, 2025. 5