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Tracking the Enforcement of Delivery App Transparency Laws

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The Multistate Offensive: 17 Attorneys General Demand End to App Drip Pricing

May 27, 2026, Multistate FTC Coalition Submission

A bipartisan coalition of 17 State Attorneys General has officially joined forces to submit a sweeping enforcement demand to the Federal Trade Commission (FTC). The coalition has singled out third-party food and grocery delivery platforms as some of the nation's worst offenders of "drip pricing." The state prosecutors are demanding immediate, strict federal rules to outlaw hidden service fees and un-itemized checkout charges, arguing that these platforms are actively deceiving consumers and draining revenue from local brick-and-mortar merchants.

Active State Intervention

The Cease-and-Desist Audit Loop: Enforcing Georgia's Transparency Statute

Active Law, O.C.G.A. § 10-1-439.18 & .19 Compliance Framework

The Georgia Online Third-Party Delivery Service Transparency Act remains active law. Enforcement strategies are migrating away from standard customer complaints and shifting toward formal multi-merchant audits. Under the statute, if an app fails to produce a signed, pre-existing written contract upon a formal cease-and-desist demand, they are exposed to state investigations regarding deceptive trade practices.

Enforced State Level

The Operations Charge Mandate: Florida Forces Visibility on Delivery Markups

Taking Effect July 1, 2026, Enforcement of SB 606 / FS 509.214

Florida is launching strict enforcement of its expanded "Operations Charge" transparency law. The statute strips away the ability of digital applications to bundle hidden operational overhead into generalized fees. Third-party platforms and food establishments are legally mandated to conspicuously disclose the exact amount and purpose of any automatic delivery fees or service charges across all menus, applications, and customer interfaces. Every customer receipt must separate these operational costs onto distinct lines from sales taxes and tips.

Enforced Regional Level

The Laws Are Winning: New York Defeats 3rd Party Apps Lawsuit

January 2026, Upholding NYC's strict pay rules

The tech platforms took New York City to federal court to block the expanded minimum wage mandates and grocery app extensions. Federal judges ruled decisively against the apps, denying their requests for injunctions. Following the ruling, the city cracked down on hidden tipping screens, forcing major third-party platforms to pay over $5 million in penalties and worker restitution for deceptive app design tricks.

Enforced Municipal Level

Banning the "Shadow Math": Colorado Outlaws App Drip Pricing

January 2026, Enactment of HB 25-1090

Colorado's brand new Protections Against Deceptive Pricing Practices Act has officially taken effect, completely outlawing the practice of "drip pricing." Delivery apps are now legally prohibited from hiding service charges or variable fees until the checkout screen; they must display the maximum total price upfront the moment an item is selected. Violations are treated as deceptive trade practices under the Consumer Protection Act, exposing apps to direct consumer lawsuits and an 18% annual interest penalty on refunds.

Enforced State Level

State Status: Georgia HB 528 Compliance Enforcement

Statute Reference: O.C.G.A. § 10-1-439.18

The Georgia Online Third-Party Delivery Service Transparency Act remains active law. Enforcement strategies are migrating away from standard customer complaints and shifting toward formal multi-merchant audits. Under the statute, if an app fails to produce a signed, pre-existing written contract upon a formal cease-and-desist demand, they are exposed to state investigations regarding deceptive trade practices.

Enforced State Level

The Federal Crackdown: FTC Moves on Food Delivery Junk Fees

April/May 2026, Advanced Notice of Proposed Rulemaking

The Federal Trade Commission (FTC) has officially escalated its fight against predatory tech platforms by launching a dedicated rulemaking proceeding targeting online food and grocery delivery service fees. The investigation directly targets deceptive "$0 Delivery" marketing claims that obscure mandatory checkout fees, hidden menu price markups, and unfair algorithmic pricing. Public comment closed on May 18, 2026, moving the federal government into the formal drafting phase for sweeping national restrictions.

Pending Federal Level

Bipartisan Action: The No Rigged Grocery Prices Act Takes Aim at AI Surveillance Pricing

May 18, 2026, Federal Bill Introduction

New bipartisan federal legislation has been introduced to permanently ban third-party delivery platforms and grocers from utilizing "surveillance pricing". The bill targets algorithms that analyze localized consumer data to quietly jack up delivery and product prices for individual users based on their buying habits and history. The act seeks to legally mandate clear upfront price disclosures and prevent third-party apps from using personalized math to squeeze extra margins out of neighborhood households.

Pending Federal Level

The Federal Crackdown: FTC Moves on Food Delivery Junk Fees

April/May 2026, Advanced Notice of Proposed Rulemaking

The Federal Trade Commission (FTC) has officially escalated its fight against predatory tech platforms by launching a dedicated rulemaking proceeding targeting online food and grocery delivery service fees. The investigation directly targets deceptive "$0 Delivery" marketing claims that obscure mandatory checkout fees, hidden menu price markups, and unfair algorithmic pricing. Public comment closed on May 18, 2026, moving the federal government into the formal drafting phase for sweeping national restrictions.

Pending Federal Level

Federal Landscape: FTC Scrutiny of "Drip Pricing" Models

Regulatory Agency: Federal Trade Commission (FTC)

Federal regulators continue to heavily target junk fees and hidden surcharges utilized by algorithmic software companies. Delivery aggregators are under increased observation for masking tech fees under generic terms like "Service Fees" or inflating baseline food items without clear, upfront disclosures to consumers before checkout checkout pipelines occur.

Federal Review Pending