Consumer Protection - As enacted, requires a third-party booking site that includes information about ancillary hotel services available at a hotel to disclose that there are additional fees required to access the servic, the official text

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State f/Jennessee

                              PUBLIC CHAPTER NO. 866

                                                    SENATE BILL NO. 2363

                          By Massey, Campbell, Lamar, Bailey, Bowling, Pody, Rose

                                           Substituted for: House Bill No. 2180

    By Lafferty, Reneau, Cepicky, Bricken, Powell, Davis, Wright, Grills, Howell, Hawk, Parkinson

AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18, relative to notice of fees.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 47, Chapter 18, Part 1, is amended by adding
the following as a new section:

          47-18-139.

                    (a) As used in this section:

                              (1) "Ancillary hotel services" or "services" means supplementary, non-room
                    products and offerings by a hotel, including parking, breakfast or other food or dining
                    services, spa treatments, and early check-ins or late check-outs;

                              (2) "Hotel":

                                        (A) Means any structure, or any portion of any structure, that is
                              occupied or intended or designed for occupancy by transients for dwelling,
                              lodging, or sleeping purposes, and includes any hotel, inn, tourist court, tourist
                              camp, tourist cabin, motel, or any place in which rooms, lodgings, or
                              accommodations are furnished to transients for a consideration; and

                                        (B) Does not include a short-term rental unit, as defined in § 13-7-602;

                              (3) "Hotel booking site" means a hotel's website that only provides information
                    about bookings and services for the hotel;

                              (4) "Occupancy" means the use or possession, or the right to the use or
                    possession, of any room, lodgings, or accommodations in a hotel for a period of less
                    than thirty (30) continuous days; and

                              (5) "Third-party booking site":

                                        (A) Means a website or mobile application that allows a consumer to
                              compare prices and booking options for multiple hotels located in this state;
                              and

                                        (8) Includes a website that aggregates information from multiple
                              websites into one (1) website and online travel agencies.

                    (b) If a hotel booking site or third-party booking site includes information about
          ancillary hotel services available at a hotel located in this state and access to the services.
          requires payment of additional fees by the consumer beyond the cost of the room, then the
          hotel booking site or third-party booking site must disclose:

                              (1) That there are additional fees required to access such services; and
SB 2363
                              (2) Which services require such additional fees.

                    (c) If a hotel booking site or third-party booking site includes information about
          ancillary hotel services available at a hotel located in this state and the cost of the room is
          higher relative to the cost of other rooms at the hotel due to the cost including access to
          some, or all, of the services, then the hotel booking site or third-party booking site must
          disclose:

                              (1) That there may be additional fees required to access such services; and
                              (2) Which services may require such additional fees.
                    (d) A violation of this section constitutes a violation of the Tennessee Consumer
          Protection Act of 1977, compiled in this part. A violation of this section constitutes an unfair
          or deceptive act or practice affecting trade or commerce and is subject to the penalties and
          remedies as provided in the Tennessee Consumer Protection Act of 1977.
                    (e) It is not a violation of this section if a third-party booking site reports the
          information provided by a hotel and the hotel's information does not include the information
          listed in subdivisions (b)(1 )-(2) or (c)(1 )-(2).
          SECTION 2. Tennessee Code Annotated, Section 47-18-104(b), is amended by adding the
following as a new subdivision:
                    ( ) Failing to disclose additional fees required to access ancillary hotel services at a
          hotel listed by a hotel booking site or third-party booking site, in violation of§ 47-18-139;
          SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it, and applies to
conduct occurring on or after that date.

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         SENATE BILL NO. 2363

PASSED:  April 7, 2026

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                        \                   RAND~ ___________ _
                             =' SPEAKER OF THE SENATE

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                                        '1'l SEXTON, SPEAKER
                           HOUSE OF REPRESENTATIVES

Dprn APPROVED this ~ day of                 2026

         ~~Uc.,
                        BILL LEE, GOVERNOR