Pricing requirements for third-party delivery platforms

(a) In general Beginning 90 days after the date of enactment of this Act, it shall be unlawful to operate a third-party delivery platform unless such platform satisfies the requirements described in subsection (b). (b) Pricing requirements The requirements described in this subsection, with respect to a third-party delivery platform, are the following: (1) If the third-party delivery platform charges 1 or more delivery fees for an order from a retail establishment, any such delivery fee shall be— (A) calculated using a methodology that is determined no later than the time the user placing the order selects the retail establishment and may not change once the user has begun their order from the retail establishment; and (B) based solely on— (i) the total price charged by the retail establishment for items ordered by the user, excluding any taxes and any fees imposed by the third-party delivery platform; and (ii) other factors related to the delivery of the items ordered from the retail establishment, including the delivery distance, but excluding— (I) any other factor that directly or indirectly relies on, incorporates, or is informed by variables that serve as a proxy for characteristics of the user placing the order or a class of users, including inferred price sensitivity, prior purchasing behavior, or willingness to pay; and (II) any factor related to an arrangement negotiated between the third-party delivery platform and the retail establishment. (2) Whenever a user selects an item to order from a retail establishment through the third-party delivery platform, the third-party delivery platform shall prominently display— (A) the price charged by the retail establishment for such item, excluding any taxes; and (B) if applicable, any delivery fees imposed with respect to such item by the third-party delivery platform. (3) Throughout the ordering process, the third-party delivery platform shall prominently display the ongoing total amount to be charged to the user for the order that includes every item that the user has selected up to that point. Such total amount shall include the cost of each item selected, applicable taxes, and any applicable fees. (4) Prior to requesting payment for an order, the third-party delivery platform shall provide the user with an explanation, in a clear, conspicuous, and not misleading manner, of each delivery fee imposed on the user by the platform and what the fee is for. Such explanation shall include the amount of the delivery fee, the item that the delivery fee relates to, whether the delivery fee is refundable, and such other information as the Commission may specify. (c) Rule of construction regarding gratuities Nothing in this section shall be construed to prevent a third-party delivery platform from allowing a user to add a gratuity to their order.