PRINTER'S NO. 646
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.640
Session of
2025
INTRODUCED BY PISCIOTTANO, KEARNEY, HAYWOOD, COSTA, KANE,
HUGHES, MUTH, TARTAGLIONE, MILLER, SANTARSIERO, SAVAL AND
L. WILLIAMS, APRIL 14, 2025
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
APRIL 14, 2025
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," further providing for definitions and for
unlawful acts or practices and exclusions .
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(4)(xxi) of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, is amended and clause (4) is amended by
adding a subclause to read:
Section 2. Definitions.--As used in this act.
* * *
(4) "Unfair methods of competition" and "unfair or deceptive
acts or practices" mean any one or more of the following:
* * *
(xxi) Advertising, displaying or offering a price on an
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19 event ticket, lodging platform or food delivery platform that
does not clearly and conspicuously display the total price at
the point in the shopping experience when the consumer is first
shown the product or service, including each mandatory fee or
charge that does not vary by consumer choice, or that does not
clearly or conspicuously display each mandatory fee or charge
associated with the sale of the product or service prior to
purchase, except for taxes imposed by a government entity. As
used in this subclause:
(A) "Accommodations booking platform" means a business that
operates or provides an Internet website, software application
for a mobile device or other digital platform for the purpose of
searching for hotel rooms and homestays for consumers to
purchase.
(B) "Food delivery platform" means a business that operates
or provides an Internet website, software application for a
mobile device or other digital platform for the purpose of
facilitating the delivery of food and beverages to consumers.
The term shall not include direct delivery from a retail food
establishment or retail food facility as those terms are defined
in 3 Pa.C.S. ยง 5702 (relating to definitions).
(C) "Homestay platform" means a business that operates or
provides an Internet website software application for a mobile
device or other digital platform on which, in exchange for a fee
or other charge, an owner or lessee of a residential unit or a
room or space in a residential unit may advertise and conduct a
transaction for the rental of the unit or room or space for the
purposes of temporary lodging.
(D) "Hotel platform" means a hotel as defined in section 209
of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax
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30 Reform Code of 1971," that operates or provides an Internet
website, software application for a mobile device or other
digital platform for the purpose of renting rooms for temporary
lodging.
(E) "Lodging platform" means an accommodations booking
platform, hotel platform or homestay platform.
(F) "Primary ticket platform" means a business that operates
or provides an Internet website, software application for a
mobile device or other digital platform for the purpose of
selling or facilitating the sale of tickets to purchasers.
(G) "Secondary ticket platform" means a business that
operates or provides an Internet website, software application
for a mobile device or other digital platform for the purpose of
reselling or facilitating the resale of tickets to purchasers,
including a primary ticketing platform to the extent that the
platform is engaged in reselling or facilitating the resale of
tickets to purchasers.
(H) "Ticket" means a printed, electronic or other license
issued by a primary ticket platform or secondary ticket platform
for admission to an event at the date and time specified on the
ticket.
[(xxi)] (xxii) Engaging in any other fraudulent or deceptive
conduct which creates a likelihood of confusion or of
misunderstanding.
* * *
Section 2. Section 3(a) of the act is amended to read:
Section 3. Unlawful Acts or Practices; Exclusions.-- (a)
Unfair methods of competition and unfair or deceptive acts or
practices in the conduct of any trade or commerce as defined by
subclauses (i) through [ (xxi)] (xxii) of clause (4) of section 2
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30 of this act and regulations promulgated under section 3.1 of
this act are hereby declared unlawful. The provisions of this
act shall not apply to any owner, agent or employe of any radio
or television station, or to any owner, publisher, printer,
agent or employe of an Internet service provider or a newspaper
or other publication, periodical or circular, who, in good faith
and without knowledge of the falsity or deceptive character
thereof, publishes, causes to be published or takes part in the
publication of such advertisement.
* * *
Section 3. This act shall take effect in 180 days.
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