CHAPTER 743kk

PRICE TRANSPARENCY

Table of Contents

Sec. 42-536. (Note: This section is effective July 1, 2026.) Price transparency for goods and services. Requirements. Exceptions. Unfair or deceptive trade practice.


Sec. 42-536. (Note: This section is effective July 1, 2026.) Price transparency for goods and services. Requirements. Exceptions. Unfair or deceptive trade practice. (a) For the purposes of this section:

(1) “Business” has the same meaning as provided in section 42-158ff; and

(2) “Person” has the same meaning as provided in section 1-79.

(b) (1) Except as provided in subdivision (2) of this subsection, no business that offers to sell, lease or otherwise provide any good or service shall:

(A) Advertise, display or otherwise offer such good or service to any person at a price that excludes any fee, charge or cost that such person is required to pay in order to purchase, lease or otherwise receive such good or service; or

(B) Require any person to pay any fee, charge or cost to purchase, lease or otherwise receive such good or service if such fee, charge or cost (i) is not advertised, displayed or otherwise offered in compliance with the provisions of subparagraph (A) of this subdivision, or (ii) is intentionally obscured, unclear or misrepresented by such business.

(2) The provisions of subdivision (1) of this subsection shall not be construed to:

(A) Prohibit a business from omitting any applicable federal, state or local tax, or any mandatory fee imposed by any government, governmental subdivision, agency or instrumentality or quasi-governmental instrumentality, from any advertised, displayed or otherwise offered price for a good or service if such tax or fee is disclosed to the person before such person purchases, leases or otherwise receives the good or service;

(B) Prohibit a business from imposing any mandatory gratuity, or omitting any mandatory gratuity from any advertised or displayed price for a good or service, if the existence of such mandatory gratuity and the manner in which such mandatory gratuity is calculated are clearly and conspicuously disclosed to the person before the person selects the good or service for purchase, leasing or receipt;

(C) Prohibit a business from imposing any fee, charge or cost for a good or service, or omitting the amount of any fee, charge or cost from any advertised or displayed price for a good or service, if (i) the amount of such fee, charge or cost is (I) dependent on the person's selections or cannot feasibly be calculated in full when the price for such good or service is first advertised or displayed, including, but not limited to, any fee, charge or cost imposed for shipping or delivery or that varies according to such person's location or the quantity or number of goods purchased, leased or otherwise received by such person, or (II) charged to the person for the purpose of confirming such person's identity or payment information, in an amount that does not exceed one dollar and is promptly refunded to the person, (ii) the existence of such fee, charge or cost is disclosed when the good or service is advertised or displayed to the person, and (iii) the amount of such fee, charge or cost is disclosed to the person before such person purchases, leases or otherwise receives such good or service;

(D) Apply to any transaction that is subject to the provisions of chapter 704;

(E) Apply to any transaction, action or act that qualifies for an exception set forth in section 42-110c;

(F) Apply to, or permit, any surcharge prohibited under section 42-133ff; or

(G) Apply to any transaction unless such transaction involves (i) a person residing in this state, or (ii) the offer, sale, rental, lease or distribution of any good or service in this state.

(c) Any violation of subdivision (1) of subsection (b) of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.

(P.A. 25-44, S. 1.)

History: P.A. 25-44 effective July 1, 2026.