Oregon Joins the Ranks of States Enacting Pricing Transparency Laws

Key Takeaways

• Oregon’s pricing transparency law takes effect January 1, 2026, targeting online sellers. SB430 requires that the first advertised price for goods or services sold online include all mandatory fees.
• Unavoidable fees must be included upfront, with limited exceptions. Taxes, shipping charges, and certain service fees based on distance or customer selection may be excluded from the initial price, but those service fees must still be disclosed prominently.

Background

Effective January 1, 2026, Oregon will join the ranks of states enacting pricing transparency laws.  After the Federal Trade Commission’s Junk Fee Rule failed to pass muster in its original sweeping form, and instead was enacted only as to live ticketing platforms and short-term housing rentals, state governments stepped in to fill the gap with their own legislation. California led the way with its Honest Pricing Law, which took effect on July 1, 2024, and Minnesota followed suit with a similar law that became effective on January 1, 2025. Generally, the unifying principle of these laws is that all mandatory fees, excepting taxes and shipping costs, must be included in the price first displayed to the consumer.

Oregon’s Pricing Transparency Law

Oregon’s SB430 likewise requires that the originally listed price include all fees that a consumer must pay. However, Oregon puts its own original spin on the law by limiting its application to online sellers. Just as in other states, taxes and shipping costs are excluded from Oregon’s pricing disclosure mandate, but Oregon goes further, also excluding any service fee calculated according to distance or a purchaser’s selections. An excerpt from SB430 appears below:

A person that offers or sells goods or services online may not advertise, display or offer a price for the goods or services that does not include all fees or charges that a purchaser must pay to complete a transaction for the goods or services other than:

SB430 will not apply to financial institutions, mortgage bankers, mortgage brokers, and providers of broadband internet access services, as those organizations are already subject to disclosure requirements under federal laws and regulations.

Oregon’s new law will leave businesses with the same quandary as California’s Honest Pricing Law: what fees must be included in the original price listing, especially when pricing may vary based on bundling options and customer selection? It’s a difficult question and one without a simple, one-size-fits all answer. The only bright-line rule, and the one at which the law is aimed, is that unavoidable fees must always be included in the price — for example, cleaning fees for lodging rentals or fees that will be charged on every transaction regardless of the channel or form of payment (e.g., a “store fee” of $5 on every transaction).

For specific questions about pricing and compliance, please feel free to reach out to AGG’s Payment Systems & Fintech team.