US Federal 2025-2026 Regular Session

US Federal Senate Bill SB4401

Introduced
 
Introduced
4/27/26  

Caption

PRICE Act

Summary

The PRICE Act would regulate third-party delivery platforms such as app-based food and goods delivery services by imposing new pricing and disclosure rules. Beginning 90 days after enactment, a platform could not operate unless it calculates delivery fees using a methodology set before the customer begins ordering, and that methodology must be based only on the retail price of the items, delivery-related factors such as distance, and other non-user-specific factors. The bill specifically prohibits delivery fees from being based on proxies for a customer’s characteristics, such as inferred price sensitivity, prior purchasing behavior, or willingness to pay, and it also bars fees tied to arrangements negotiated between the platform and the retail establishment. The bill also requires platforms to make pricing information more transparent during the ordering process. They must prominently display the retail price of each selected item, any applicable delivery fees, and the running total of the order including taxes and fees. Before payment is requested, the platform must provide a clear explanation of each delivery fee, including the amount, what item or charge it relates to, whether it is refundable, and any additional information the FTC may require. The bill clarifies that it does not prevent customers from adding gratuities. In terms of state and federal law, the bill would create a new federal consumer-protection standard enforced by the Federal Trade Commission. Violations would be treated as unfair or deceptive acts or practices under the FTC Act, giving the FTC rulemaking and enforcement authority. State attorneys general would also be able to bring civil actions on behalf of residents, seek injunctions, restitution, damages, and other relief, and coordinate with the FTC through notice and intervention procedures. The bill therefore would add federal oversight over pricing practices in the delivery-platform market while preserving existing FTC authority. The overall sentiment reflected in the available record is limited but appears generally consumer-protective and regulatory in nature, with the bill framed as a transparency and fairness measure rather than a broad restriction on delivery services. Because there are no committee transcripts or recorded votes in the provided material, there is no documented floor or committee debate to indicate broader support or opposition. The bill’s structure suggests an intent to address concerns about hidden fees and dynamic pricing in app-based delivery. The main point of contention likely centers on the prohibition against using user-specific or proxy-based factors to set delivery fees, which could be viewed by platforms as limiting pricing flexibility or business-to-business contracting arrangements. Retail establishments and delivery companies may also object to the compliance burden of real-time fee disclosures and the restriction on negotiated fee components. On the other hand, consumer advocates would likely support the bill’s emphasis on upfront pricing, fee transparency, and limits on potentially discriminatory or opaque pricing practices.

Impact

The bill would establish a new federal pricing and disclosure regime for third-party delivery platforms, enforced primarily by the FTC and secondarily by state attorneys general. It would not directly amend a specific existing state statute, but it would create federal requirements that preempt inconsistent business practices in the delivery-platform market and expose violators to FTC Act-style remedies and state civil enforcement.

Sentiment

The available context suggests the bill is aimed at consumer protection and price transparency, with no recorded votes or committee debate to show formal opposition or support. Based on the text alone, the measure appears to have a generally favorable policy posture among those concerned about hidden fees and opaque app-based pricing, while likely drawing skepticism from delivery platforms and some merchants because of the operational and pricing constraints it imposes.

Contention

The most notable contention is over how delivery fees may be calculated: the bill forbids using customer-specific proxies such as inferred willingness to pay, prior purchasing behavior, or other indirect personalization signals. Delivery platforms may argue this limits legitimate pricing models and negotiated merchant arrangements, while supporters would say it prevents discriminatory or misleading fee practices. Another likely point of dispute is the compliance burden of continuous item-by-item price and fee disclosures during checkout, especially for platforms with complex fee structures.

Companion Bills

US HB8510

Same As PRICE Act

Previously Filed As

US HB8510

PRICE Act Promoting Real-time Information on Cost Expenditure Act

US A4523

Establishes "Fair Price Protection Act."

US HB8895

No Rigged Grocery Prices Act

US S3717

Establishes "Fair Price Protection Act."

US SF2556

Consumer Grocery Pricing Fairness Act

US A09212

Enacts the "consumer grocery pricing fairness act" in relation to ensuring price fairness for covered goods in the state of New York.

US S08563

Enacts the "consumer grocery pricing fairness act" in relation to ensuring price fairness for covered goods in the state of New York.

US HF2149

Consumer Grocery Pricing Fairness Act established, and civil penalties provided.

US SB36

Price gouging: state of emergency.

US S3732

Prohibits certain businesses from using dynamic, surveillance, or personalized algorithmic pricing when selling groceries to consumers.

Similar Bills

NV AB116

Revises provisions relating to food delivery service platform providers. (BDR 52-898)

US HB8510

PRICE Act Promoting Real-time Information on Cost Expenditure Act

MA H4070

Relative to food delivery transparency

NH SB280

Requiring a food delivery service to enter into an agreement with a food service establishment or food retail store before offering delivery service from that restaurant.

CA AB1245

State contracts: certification process: forced labor and human trafficking.

NC H423

Skip the Stuff Act

NC HB423

House Bill 423

IL HB1600

PLASTIC DISPOSABLE FOODWARE