Originally Posted by
HNLbasedFlyer
Which the FTC has said is fine - it doesn't have to be on the first search page - they've specifically said resort fees do not have to be part of the room rate.
Of course a State AG can sue - and now a court will need to decide the merit and if they can overrule the FTC. Law firms have started several class action suits - none of which have prevailed.
Of course we all don't want to pay fees - my point I'm trying to make this is an uphill battle based on it is regulated by FTC - and courts have been hesitant to take on or overrule the FTC, DOT, etc since as a matter of law, the FTC regulates the pricing.
Does a state actually have to get a court to overrule the FTC? Or does it merely need to convince a court that the fees violate some state law or are against the interests of people in that state?
I get where states have limited power over airlines operating interstate or international flights. But a hotel would seem to be much more in the states' domain.
That said, I also figured that domain would be about resort fees within the state - not suing for damages on behalf of the state's residents staying in other states or countries. IANAL and don't even watch enough Law & Order to try to fake it, so I really don't understand how that legal strategy works. Nor do I know whether Washington DC's special not-quite-a-state status matters at all.
When I saw the headline, I figured the endgame would be (at best) that hotels in the District can't charge resort fees. I haven't personally paid them there, but maybe they see what's going on in NYC and are getting ahead of the game. I don't quite get how a DC AG can win a case and get them banned throughout the Marriott world.
I also never thought that Marriott was a DC company. I know their first hotel was in Virginia, but I thought their headquarters were in Bethesda (or somewhere up that way - outside the District).