Should Texas Require the Real Price Everywhere It Is Advertised?

By Ryan Nichols

The advertised price should mean something.

That sounds simple until taxes, service fees, facility charges, delivery fees, convenience fees, required memberships, and mandatory add-ons begin appearing between the first screen and the final button.

Federal regulators already drew a line around two industries. The question is whether Texas should draw a broader one.

The verified facts first

The Federal Trade Commission’s Rule on Unfair or Deceptive Fees took effect May 12, 2025. It applies to live-event tickets and short-term lodging. The rule requires businesses that advertise a price to disclose the total price up front, including mandatory fees, while allowing some charges such as taxes and genuinely optional add-ons to be handled separately under the rule’s terms.

The rule does not ban fees or set their amount. It regulates how covered prices are presented.

In April 2026, the FTC announced a proposed StubHub settlement that included $10 million for consumer refunds. The agency alleged that the company failed to show the required total ticket price everywhere a price appeared after the federal rule took effect. StubHub agreed to the proposed order, and the FTC said the money would fund redress for eligible consumers.

Texas already regulates one part of online ticketing. Business and Commerce Code Chapter 328, effective September 1, 2023, prohibits specified uses of bots to exceed ticket limits or defeat queues and access controls. It authorizes the attorney general to seek injunctions, restitution, and civil penalties.

That chapter is about bot activity. It is not a general all-in advertising rule for every product and service.

Texas lawmakers have debated broader ticket rules. Official committee minutes show that House Bill 3621 was heard and left pending on April 23, 2025. The proposal mixed disclosure questions with transferability, delivery, and resale rules. Public comments filed with the committee show why ticket policy becomes complicated quickly. Venues and music-industry participants argued that consumer protection also requires tools against speculative listings, fake tickets, spoof sites, and fraud.

Verified September 9, 2026, at 4:03 a.m. Central.

The strongest case for a Texas all-in rule

The argument for a broader state rule begins with honest comparison.

If Business A advertises the full mandatory price and Business B advertises only the smallest number it can place on the first screen, Business B can appear cheaper even when it costs more at checkout.

That rewards concealment.

An all-in rule could require every displayed price to include the charges a customer must pay to complete the advertised transaction, while allowing taxes, shipping that depends on location, and truly optional choices to be identified separately.

Supporters would say the rule does not tell a business what to charge. It tells the business to show the charge before the customer invests time, creates an account, chooses seats, or enters payment information.

That helps consumers compare offers. It can also protect businesses that already price honestly from competitors using a lower teaser number.

Write the Number Once made the operator version of this case. A price creates trust when the number remains stable from the first promise to the final decision.

The strongest case against a broad mandate

The argument against a sweeping rule is not that hidden fees are good.

It is that “the real price” can depend on facts a business does not know at the first display.

Shipping depends on destination and speed. Financing costs depend on credit and term. Taxes vary. A service may require an inspection before the scope is known. A marketplace may show a base product from one seller and optional fulfillment from another.

A badly written rule could create constant compliance risk for small businesses while large platforms absorb the legal cost. It could also produce a new problem: companies may raise the headline price to cover every possible cost, then struggle to explain legitimate variations.

Opponents can reasonably ask why Texas needs another layer when federal law already reaches ticketing and short-term lodging and existing deceptive-practice law can address misleading statements.

They can also argue that consumers should be free to compare base price, service level, delivery method, and optional features instead of seeing one mandated bundle.

Ryan’s Take

If a customer cannot avoid the fee, the fee is part of the price.

Show it when you show the price.

Texas should consider a narrow all-in advertising rule built around mandatory charges, with clear exceptions for taxes, location-dependent shipping, and optional additions the customer actively chooses.

The state should not use the rule to control prices. It should not pretend every complicated service can be quoted before scope is known. It should not bury a local shop under technical requirements written for national platforms.

But the first number should not be bait.

The clean standard is this: a reasonable customer looking at the advertisement should be able to identify the minimum amount required to buy the thing being advertised.

That protects choice because it gives the customer a real comparison before the checkout clock starts running.

Should Texas Require Pay Ranges in Every Job Posting? raised a similar transparency question in employment. Disclosure is not always the same as regulation of the number. Sometimes it is regulation of when the number must become visible.

The question

Should Texas require businesses to show the full mandatory price everywhere a price is advertised, or should the state leave fee disclosure to existing federal rules and market competition?

Editorial note: This article presents verified public records and editorial analysis. It is not legal advice and does not accuse any Texas business of wrongdoing.

Editorial visual disclosure: The header image is an original AI-assisted conceptual illustration. It does not reproduce a real advertisement, ticket, receipt, platform, or company interface.