Episode 27: Demystifying Junk Fees: What they are, regulatory considerations, and B2C marketing implications
Jan 25, 2024
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Exploring regulatory focus on combating unfair fees and its impact on pricing disclosure in advertising. Discussing proposed rulemaking by the FTC, 'junk fees', and key state laws addressing hidden fees. Highlighting the need for transparency in entertainment ticketing and preventing price increases. Distinguishing between junk fees and hidden fees in consumer financial services. Recommending businesses stay informed about regulations on hidden fees and conduct a fee inventory.
The FTC has proposed a rule that would require businesses to disclose total prices, including fees, which could revolutionize sales practices.
States like California, New York, and Tennessee have passed or proposed laws mandating fee disclosure to increase transparency and prevent drip pricing.
Deep dives
The FTC's proposed rule on junk fees would require businesses to disclose the total price of goods or services, including all fees, clearly and conspicuously. This would apply to both online and brick-and-mortar pricing, potentially changing how goods and services are sold in the United States.
The FTC's proposed rule on junk fees would require all businesses to disclose the total price of goods or services, including fees, clearly and prominently. This rule would impact both online and brick-and-mortar pricing, potentially revolutionizing sales practices in the country.
State laws are also addressing fee transparency, with California having passed laws that require the disclosure of all mandatory fees for hotel rooms and other goods. New York and Tennessee have existing price transparency laws for entertainment ticketing. There are also proposed legislation and rules in other states like Massachusetts, North Carolina, and Colorado.
States like California, New York, and Tennessee have passed or proposed laws that mandate the disclosure of all mandatory fees for various goods and services, including hotel rooms and entertainment tickets. Other states like Massachusetts, North Carolina, and Colorado are considering similar legislation. These laws aim to increase fee transparency and prevent drip pricing, where additional fees are added during the purchasing process.
The CFPB has focused on prohibiting unfair fees and has issued an advisory opinion on junk fees. The opinion suggests that financial institutions should not charge fees for providing basic information to consumers and warns against unreasonably impeding consumers' ability to access information. The CFPB's position is not solely focused on disclosure but also questions the fairness and legality of certain fees.
The CFPB has taken a stance against unfair fees and issued an advisory opinion that discourages charging fees for providing basic account information to consumers. The opinion suggests that institutions should not unreasonably obstruct consumer access to information. The CFPB's approach goes beyond disclosure and challenges the fairness and legality of certain fees. It remains to be seen how binding this advisory opinion will be.
Today Po is joined by Manatt partners Bez Stern, Bryan Schneider and Scott Pearson, to discuss the latest efforts by regulators and legislators relating to what they deem to be unfair or deceptive fees and the implication for businesses marketing to consumers.
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