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HR 8510

PRICE Act

119th Congress Introduced by Dan Goldman and 2 co-sponsors

The PRICE Act requires third-party delivery platforms to disclose clear, upfront, and ongoing item and delivery fee pricing and prohibits using user proxies to set fees.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 8510

Summary of HR 8510 (PRICE Act)

Session: 119th Congress, 2nd Session | Jurisdiction: United States
- Title: Promoting Real-time Information on Cost Expenditure Act (PRICE Act)
- Introduced: April 27, 2026
- Primary Sponsors: Representatives Dan Goldman (NY) and Subrahmanyam; with co-sponsors Eleanor Holmes Norton and others
- Referral: House Committee on Energy and Commerce

1) Purpose and Intent

The PRICE Act aims to regulate pricing practices of third-party delivery platforms (TPDPs). Its core objective is to increase pricing transparency and reduce the potential for misleading or opaque fee structures by platforms that arrange same-day delivery from retail establishments (e.g., restaurants, stores) to consumers. The bill establishes standardized pricing rules and disclosure requirements designed to ensure customers understand the true cost of an order, including how delivery fees are calculated and presented.

2) Key Provisions and Changes

  • Definitions (Section 2)

    • Commission: Federal Trade Commission (FTC).
    • Delivery Fee: Any fee charged by a TPDP to a user for an order from a retail establishment, in addition to the price charged by the establishment and excluding taxes.
    • Retail Establishment: Physical locations offering items for sale to customers on-site or via the TPDP platform.
    • Third-Party Delivery Platform: A platform that primarily provides delivery services for retail establishments and is not owned/operated by the retail establishment or its parent company.

  • Pricing Requirements for TPDPs (Section 3)

    • Effective Date: Beginning 90 days after enactment, TPDPs must comply with the pricing requirements.
    • Fee Calculation (subsection b(1)):
    • Any delivery fee must be calculated using a methodology determined before the user finishes selecting a retail establishment.
    • Fees must be based solely on:
      • The total price charged by the retail establishment for the items (excluding taxes and TPDP fees), and
      • Other delivery-related factors (e.g., delivery distance).
    • The method may not rely on, or be informed by, variables that proxy user characteristics (e.g., inferred price sensitivity, prior purchasing behavior, willingness to pay) or on any negotiated arrangements between the TPDP and the retail establishment.
    • Disclosure at Item Selection (subsection b(2)):
    • When a user selects an item, the TPDP must prominently display:
      • The price charged by the retail establishment for that item (excluding taxes).
      • Any delivery fees imposed by the TPDP.
    • Ongoing Total Display (subsection b(3)):
    • Throughout the ordering process, the TPDP must prominently show the current total amount, including item prices, taxes, and applicable fees, for all items selected to date.
    • Fee Explanation (subsection b(4)):
    • Before requesting payment, the TPDP must provide a clear, conspicuous, and non-misleading explanation of each delivery fee, including:
      • The amount of the fee,
      • The item(s) the fee relates to,
      • Whether the fee is refundable,
      • Other information as the FTC may require.
    • Gratuities (subsection c):
    • The Act does not prohibit users from adding gratuities to orders.

  • Enforcement (Section 4)

    • Federal Trade Commission (FTC) Enforcement:
    • Violations are treated as unfair or deceptive acts or practices under FTC Act authority.
    • FTC gains powers, enforcement mechanisms, and authority to promulgate regulations as needed.
    • State Attorneys General Enforcement:
    • States may bring civil actions in federal district court or state courts on behalf of residents for violations.
    • Procedures include notice to the FTC prior to filing (with some carve-outs), right of the FTC to intervene, and shared authority to obtain injunctive relief, damages, restitution, or other relief.
    • Venue can be in federal district courts or state courts with proper jurisdiction.
    • Coordination:
    • The bill preserves existing state enforcement powers and includes specific procedural steps for notice and potential intervention by the FTC.

3) Who and What Is Affected

  • Affected Entities:

    • Third-party delivery platforms (e.g., delivery apps/websites that connect customers with retail establishments for same-day delivery, not owned by the retailer).
    • Retail establishments that offer items for sale via TPDPs.
    • Consumers who use TPDPs to order items for delivery.
    • State attorneys general (for enforcement at the state level) and the FTC.

  • Exclusions/Clarifications:

    • The bill does not ban gratuities and allows users to add tips.
    • The pricing methodology cannot rely on user-specific proxies or negotiated terms between TPDPs and retailers for calculating delivery fees.

4) Procedural and Timeline Aspects

  • Effective Date: 90 days after enactment, TPDPs must comply with the pricing requirements.
  • Regulatory Development: The FTC would promulgate necessary regulations under the Act, using standard administrative procedure (5 U.S.C. § 553).
  • Enforcement Timeline: The Act augments FTC authority and creates parallel state-enforcement mechanisms, with procedural notice and potential intervention rights for the FTC.

Final Assessment

The PRICE Act introduces comprehensive pricing transparency requirements for third-party delivery platforms, focusing on fee calculation rules, upfront disclosure of item and fee costs, ongoing order total visibility, and explicit explanation of delivery fees before payment. It relies on FTC enforcement and supports state enforcement to address potential consumer harms related to opaque pricing practices.

Compiled from official sources — confirm details with the bill’s official record.

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