PolicyBrief
S. 4401
119th CongressApr 27th 2026
PRICE Act
IN COMMITTEE

The PRICE Act mandates that third-party delivery platforms clearly disclose the specific dollar amount of any delivery fee separately from other charges before a customer completes an order.

Ben Luján
D

Ben Luján

Senator

NM

LEGISLATION

New PRICE Act Mandates Upfront Delivery Fee Transparency on Food Apps

Ever hit 'order' on a food delivery app and then done a double-take at the final price? You’re not alone. The new Promoting Real-time Information on Cost Expenditure Act, or PRICE Act, is stepping in to clear up some of that sticker shock. This bill is all about making sure you know exactly what you're paying in delivery fees before you commit to that late-night pizza or grocery run.

No More Hidden Fees: What the PRICE Act Does

Starting 90 days after it becomes law, the PRICE Act makes it illegal for third-party delivery platforms – think DoorDash, Uber Eats, Grubhub, and others not owned by the restaurant itself – to play hide-and-seek with delivery charges. The core idea is simple: platforms must clearly show you the specific dollar amount of any delivery fee upfront, before you complete your order. This fee has to be displayed separately from the cost of your items, taxes, tips, or any other service charges. So, when you're browsing for dinner, you'll see the item price, and if there's a delivery fee, you'll see that too, plain as day. This applies to any business, from your local diner to a big-box retailer, that uses these apps for same-day delivery.

How Your Delivery Fees Will Be Calculated (and What They Won't Be)

This isn't just about showing the fee; it's about how that fee gets made up in the first place. The PRICE Act lays down some ground rules for how platforms can calculate these charges. Delivery fees can only be based on two things: the total price of the items you're ordering (excluding taxes and other platform fees), and factors directly related to getting your order to you, like the distance the driver has to travel. So, if you're ordering more, or if the restaurant is further away, a higher delivery fee might make sense.

What's off-limits? The bill specifically states that fees cannot be based on things like your 'inferred price sensitivity,' your past ordering habits, or how much the platform thinks you're willing to pay. Think of it this way: the app can't secretly hike up your delivery fee just because you've ordered from that same sushi place every Friday for the last six months. It also can't base the fee on any secret deals or arrangements between the platform and the restaurant. This is a big win for transparency, ensuring that the fee is about the service, not about gaming your wallet. For example, if you're a busy office worker ordering lunch, or a tradesperson getting parts delivered to a job site, the delivery fee you see should be consistent and based on measurable factors, not on a hidden algorithm trying to guess your budget.

Your Total, Always in Sight

The bill also tightens up how prices are displayed throughout your ordering journey. From the moment you select an item, the platform has to prominently show you the price the store charges for it. And as you add more to your cart, the app must continuously display the ongoing total amount you're going to be charged, including all items, taxes, and any applicable fees. Before you even get to the payment screen, you'll get a clear, easy-to-understand explanation of each delivery fee, including the amount, what it’s for, and whether it’s refundable. This means no more surprises when you're about to click 'confirm order.'

Who's Keeping an Eye on This?

So, who's going to make sure these apps play by the new rules? The Federal Trade Commission (FTC) and state attorneys general are on the job. Any violation of the PRICE Act will be treated like a violation of an FTC rule against unfair or deceptive practices, meaning they have the power to investigate, bring civil actions, and seek penalties. This gives some serious teeth to the new requirements, ensuring that platforms can't just ignore them. This enforcement mechanism, outlined in Section 4, means that if a platform tries to pull a fast one, there are clear avenues for accountability, which is good news for anyone who uses these services.

For folks juggling work, family, and everything in between, this bill means one less thing to worry about when budgeting for convenience. It’s about making sure that when you opt for delivery, you’re getting a straight deal on the costs.