S. 1164Senate115th Congress (2017-2019)In Committee

Stop Online Booking Scams Act of 2017

Introduced May 17, 2017

AI-Generated Summary

Updated April 15, 2026 at 3:31 PM UTC

The Stop Online Booking Scams Act of 2017 aims to protect consumers who book hotel rooms online. It makes it illegal for third‑party websites or sellers that are not directly affiliated with a hotel to charge a buyer’s credit or bank account unless they clearly and continuously disclose who they are, what they’re selling, and the total price. The law gives the Federal Trade Commission (FTC) authority to enforce the rule and lets state attorneys general bring civil actions against violators.

Key Provisions

  • Defines a “third‑party online hotel reservation seller” as any person selling hotel‑related goods or services online who isn’t directly affiliated with the hotel or an official event housing bureau.
  • Requires such sellers to prominently display, throughout the checkout process, a description of the product, the full cost, and a clear statement that they are a third‑party seller and not affiliated with the hotel.
  • Mandates continuous, visible disclosure of the seller’s brand identity during the transaction, whether online or by phone.
  • Treats violations as unfair or deceptive practices under the FTC Act, giving the FTC power to enforce, create rules, and impose penalties.
  • Allows state attorneys general to sue on behalf of their residents if they believe a seller’s practices violate the law, with a requirement to notify the FTC before filing and to coordinate with the FTC if the agency is already taking action.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S3017; text of measure as introduced: CR S3016-3017)

May 17, 2017

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SenateIntro Referral

Introduced in Senate

May 17, 2017

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S3017; text of measure as introduced: CR S3016-3017)

May 17, 2017

Floor Debate

8 members

What members said about S. 1164 on the floor

4 Republicans4 Democrats
John Thune
Sen. John ThuneR-SD · May 17, 2017

Mr. President, there is no doubt that the last 8 years were not good ones for the American economy. Yearly economic growth under the Obama administration averaged just under 1.5 percent. That is less…

John Kennedy
Sen. John KennedyR-LA · May 17, 2017

Mr. President, I would like to talk today about the need for a work requirement in our Medicaid Program. In 1969, President Lyndon Johnson addressed the American people, and he talked about breaking…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · May 17, 2017

Mr. President, April was Genocide Awareness and Prevention Month. It commemorated some of the most horrific genocides and atrocities of the 20th century: the siege of Sarajevo in April 1992, the…

Elizabeth Warren
Sen. Elizabeth WarrenD-MA · May 17, 2017

Mr. President, I rise today to announce the reintroduction of the Bank on Students Emergency Loan Refinancing Act of 2017. This legislation would allow student loan borrowers to take advantage of…

Steve Daines
Sen. Steve DainesR-MT · May 17, 2017

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. Mr. President, the travel and tourism industry is a pillar of Montana's economy. Our wealth of public lands,…

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Steve Daines
Sen. Steve DainesR-MT · May 17, 2017

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. Mr. President, the travel and tourism industry is a pillar of Montana's economy. Our wealth of public lands,…

Tim Kaine
Sen. Tim KaineD-VA · May 17, 2017

Mr. President, today I want to discuss legislation I am introducing, the School Infrastructure Modernization Act. To claim the federal tax credit for historic preservation, a building renovation must…

John Cornyn
Sen. John CornynR-TX · May 17, 2017

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Richard J. Durbin
Sen. Richard J. DurbinD-IL · May 17, 2017

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

Reading Mode
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Introduced in SenateIssued May 17, 2017

II

115th CONGRESS

1st Session

S. 1164

IN THE SENATE OF THE UNITED STATES

May 17, 2017

Mr. Daines (for himself, Mr. Nelson, Mrs. Fischer, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To protect consumers from deceptive practices with respect to online booking of hotel reservations, and for other purposes.

1.

Short title

This Act may be cited as the Stop Online Booking Scams Act of 2017.

2.

Findings; sense of Congress

(a)

Findings

Congress finds the following:

(1)

The Internet has become an important channel of commerce in the United States, accounting for billions of dollars in retail sales every year.

(2)

Hotel reservation transactions can be easily made online and online commerce has created a marketplace where consumers can shop for hotels, flights, car rentals, and other travel-related services and products across thousands of brands on a single platform.

(3)

Consumers should be able to clearly identify the company with which they are transacting business online.

(4)

Actions by third-party sellers that misappropriate brand identity, trademark, or other marketing content are harmful to consumers.

(5)

Platforms offered by online travel agencies provide consumers with a valuable tool for comparative shopping for hotels and should not be mistaken for the unlawful third-party actors that commit such misappropriation.

(6)

The misleading and deceptive sales tactics companies use against consumers booking hotel rooms online have resulted in the loss of sensitive financial and personal information, financial harm, and other damages for consumers.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

consumers benefit from the ability to shop for travel-related services and products on the innovative platforms offered by online travel agencies;

(2)

sellers on the Internet should—

(A)

provide consumers with clear, accurate information; and

(B)

have an opportunity to compete fairly with one another; and

(3)

the Federal Trade Commission should revise the Commission’s Internet site to make it easier for consumers and businesses to report complaints of deceptive practices with respect to online booking of hotel reservations.

3.

Definitions

In this Act:

(1)

Affiliation contract

The term affiliation contract means, with respect to a hotel, a contract with the owner of the hotel, the entity that manages the hotel, or the franchisor of the hotel to provide online hotel reservation services for the hotel.

(2)

Commission

The term Commission means the Federal Trade Commission.

(3)

Exhibition organizer or meeting planner

The term exhibition organizer or meeting planner means the person responsible for all aspects of planning, promoting, and producing a meeting, conference, event, or exhibition, including overseeing and arranging all hotel reservation plans and contracts for the meeting, conference, event, or exhibition.

(4)

Official housing bureau

The term official housing bureau means the organization designated by an exhibition organizer or meeting planner to provide hotel reservation services for meetings, conferences, events, or exhibitions.

(5)

Party directly affiliated

The term party directly affiliated means, with respect to a hotel, a person who has entered into an affiliation contract with the hotel.

(6)

Third-party online hotel reservation seller

The term third-party online hotel reservation seller means any person that—

(A)

sells any good or service with respect to a hotel in a transaction effected on the Internet; and

(B)

is not—

(i)

a party directly affiliated with the hotel; or

(ii)

an exhibition organizer or meeting planner or the official housing bureau for a meeting, conference, event, or exhibition held at the hotel.

4.

Requirements for third-party online hotel reservation sellers

(a)

In general

It shall be unlawful for a third-party online hotel reservation seller to charge or attempt to charge any consumer’s credit card, debit card, bank account, or other financial account for any good or service sold in a transaction effected on the Internet with respect to a hotel unless the third-party online hotel reservation seller—

(1)

clearly and conspicuously discloses to the consumer all material terms of the transaction, including—

(A)

before the conclusion of the transaction—

(i)

a description of the good or service being offered; and

(ii)

the cost of such good or service; and

(B)

in a manner that is continuously visible to the consumer throughout the transaction process, that the person—

(i)

is a third-party online hotel reservation seller; and

(ii)

is not—

(I)

affiliated with the owner of the hotel or the entity that provides the hotel services or accommodations; or

(II)

an exhibition organizer or meeting planner or the official housing bureau for a meeting, conference, event, or exhibition held at the hotel; or

(2)

includes prominent and continuous disclosure of the brand identity of the third-party online hotel reservation seller throughout the transaction process, whether online or over the phone.

(b)

Enforcement by Commission

(1)

Unfair or deceptive acts or practices

A violation of subsection (a) by a person subject to such subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).

(2)

Powers of Commission

(A)

In general

The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.

(B)

Privileges and immunities

Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

(C)

Rulemaking

(i)

In general

The Commission may promulgate such rules as the Commission considers appropriate to enforce this section.

(ii)

Procedures

The Commission shall carry out any rulemaking under clause (i) in accordance with section 553 of title 5, United States Code.

(c)

Enforcement by States

(1)

In general

In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by the engagement of any person subject to subsection (a) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief.

(2)

Rights of federal trade commission

(A)

Notice to federal trade commission

(i)

In general

Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating any civil action against a person subject to subsection (a).

(ii)

Contents

The notification required under clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action.

(iii)

Exception

If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action.

(B)

Intervention by federal trade commission

The Commission may—

(i)

intervene in any civil action brought by the attorney general of a State under paragraph (1); and

(ii)

upon intervening—

(I)

be heard on all matters arising in the civil action; and

(II)

file petitions for appeal of a decision in the civil action.

(3)

Investigatory powers

Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State—

(A)

to conduct investigations;

(B)

to administer oaths or affirmations; or

(C)

to compel the attendance of witnesses or the production of documentary or other evidence.

(4)

State coordination with federal trade commission

If the Commission institutes a civil action or an administrative action with respect to a violation of subsection (a), the attorney general of a State shall coordinate with the Commission before bringing a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action.

(5)

Venue; service of process

(A)

Venue

Any action brought under paragraph (1) may be brought in—

(i)

the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or

(ii)

another court of competent jurisdiction.

(B)

Service of process

In an action brought under paragraph (1), process may be served in any district in which the defendant—

(i)

is an inhabitant; or

(ii)

may be found.

(6)

Actions by other state officials

(A)

In general

In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general.

(B)

Savings provision

Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.