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California Junk Fee Law Compliance & Defense – What You Need To Know To Avoid Costly Litigation

  • JMBM
  • 31 July 2024
  • 3 minute read
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This article was written by a Hotel Marketing Flipboard. Click here to read the original article

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On July 1, 2024, the first comprehensive Junk Fee Law in the United States took effect in California. It prohibits drip pricing, which involves advertising a price that fails to include all mandatory charges and fees a consumer must pay. It requires upfront disclosure of the total price of goods or services upon first contact with the consumer. It applies to the sale of most goods and services, with only a few exceptions. A last-minute restaurant exemption was rushed into law — only two days before the law’s effective date.

In a recent program hosted by myLawCLE, junk fee compliance and defense lawyers Jim Butler and Mark Adams presented an update on California and federal regulations regarding junk fees. SB 478, SB 1524, and AB 537 are all in the rearview mirror and the final impact of these bills on our current law is a leading topic of discussion during the webinar. Jim and Mark also analyzed HR 6543 and S 2498, and the FTC’s proposed rule on drip pricing and misleading business practices.

In other words, this course includesthe latest information on all the changes to the most significant Junk Fee regulation in California, Congress, and the FTC.

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This webinar took place on Thursday, July 18, 2024. To access an on demand recording, click here.

We have special free passes available for our clients and industry friends. If you would like more information on these passes, please contact Laura Bailey at [email protected].

So you know you are not missing anything, here is a list of the common names or references for the laws or regulations covered in our Junk Fee program:

  • Consumer Legal Remedies Act (CLRA) – SB 478, SB 1524, and CC 1750, et seq.
  • California Junk Fee Law – SB 478, SB 1524 and CRLA as amended
  • CA Honest Pricing Law – SB 478
  • CA Hidden Fees Statute – SB 478
  • CA Transparency in Short-term Lodging Law – AB 537
  • CA SB 478 – Honest Pricing Law, or Hidden Fees Statute
  • CA SB 1524 – Restaurant exception to SB 478 (and to CC 1770(a)(29)(D))
  • California CC 1770 – Consumer Legal Remedies Act (CLRA)
  • California Unfair Business Practices – various, including CC 1770(a)
  • HR 6543 – No Hidden FEES Act
  • S 2498 – Hotel Fees Transparency Act

The webinar provided takeaways for and answered questions about the following:

  • An introduction for beginners and details “deep divers”
  • Special insights for Hotels, Restaurants, Retailers, and other advertisers
  • The Restaurant exception: relief, unintended consequences or trap for the unwary?
  • What are the penalties for violation? Who can sue me?
  • How to spot and use the good things that the new law brings

Register to watch the webinar on demand.

We have special free passes available for our clients and industry friends. If you would like more information on these passes, please contact Laura Bailey at [email protected].

JMBM’s Global Hospitality Group has experience defending consumer junk fee claims, consumer lawsuits and consumer class actions against hotels, restaurants and hospitality businesses. Contact us to see how we can help.

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest articles on Junk Fee Litigation.

NOTE: We represent the owners and operators of hotels, restaurants, and other hospitality facilities.
We do not represent consumers making claims against such businesses. When it comes to Junk Fee laws at the State or National level, we help the owners and operators of the hotels, restaurants and hospitality facilities to understand and comply with Junk Fee Laws. When claims are made against them by consumers of competitors, we advise on strategies and defense of such claims.

About the JMBM Global Hospitality Group®

The hospitality attorneys in the Global Hospitality Group® of Jeffer Mangels Butler & Mitchell LLP comprise the premier hospitality practice in a full-service law firm, and the most experienced legal and advisory team in the industry. Our team of seasoned hotel lawyers has helped clients with more than 4,600 hospitality properties located around the globe valued at more than $123 billion, and have worked on more than 2,700 management and franchise agreements. Our experience provides one of the most extensive virtual data bases of market terms for deals and financings. The hospitality lawyers of our team are not just great hotel lawyers—we are also hospitality consultants and business advisors, dealmakers and facilitators of the flow of capital. We help our clients find the right operator, joint venture partner or capital provider. We know who to call and how to reach them.

Jim Butler
+1 310 201 3526
JMBM

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Please click here to access the full original article.

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