Businesses should cautiously craft their pricing and fee disclosures as US and state lawmakers and regulators launch campaigns against “unfair and deceptive” pricing and fee practices.

On October 11, 2023, the FTC issued a Notice of Proposed Rulemaking and Request for Public Comment titled “Trade Regulation Rule on Unfair or Deceptive Fees” (the Proposed Rule).1 The FTC said the Proposed Rule “would prohibit unfair or deceptive practices relating to fees for goods or services, specifically, misrepresenting the total costs of goods and services by omitting mandatory fees from advertised prices and misrepresenting the nature and purpose of fees.”

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