Hotel Letter Template
Hotel Resort Fee Dispute Letter (FTC Junk Fees Rule + State AG Enforcement)
The hotel quoted $189/night, then charged $189 + $45 "resort fee" at checkout. That's drip pricing. The FTC Junk Fees Rule (effective May 12, 2025) bans it. State AGs have been winning on this exact theory since 2019.
The letter
Copy, customize, send.
[Your Full Name] [Address] [City, State ZIP] [Phone] [Email] [Date] [Hotel Name — General Manager] [Hotel Address] cc: [Brand Corporate Guest Relations; OTA if booked through one] Sent via certified mail, return receipt requested Re: Demand for Refund of Undisclosed Resort Fee — Reservation [Number] To the General Manager: I am demanding a refund of the $[Amount] resort fee (or destination fee / amenity fee / urban fee / equivalent) charged at checkout, pursuant to the FTC's Junk Fees Rule (16 CFR Part 464) and [State] consumer-protection law. Stay details: • Reservation: [Number] • Check-in / check-out: [Dates] • Booking channel: [Hotel direct / OTA] • Headline room rate at booking: $[Amount per night] • Resort fee at checkout: $[Amount per night] • Total resort fee charged for stay: $[Total] • Total folio: $[Amount] • Last 4 of card charged: [Last 4] Evidence enclosed: • Pre-booking search result page or booking confirmation showing the room rate displayed WITHOUT the mandatory resort fee included in the total • Final folio showing the resort fee as a separately captured charge • Credit card statement showing the actual posted charges Legal basis: 1. **FTC Junk Fees Rule, 16 CFR Part 464** (effective May 12, 2025). Under § 464.3, hotels and short-term lodging must display the Total Price — including all mandatory fees — clearly and conspicuously, AND more prominently than any other pricing information, before the consumer is asked to pay. "Mandatory Fee" includes resort fees, destination fees, amenity fees, urban fees, and similar surcharges that the guest is required to pay regardless of services used. The Total Price must include them. Civil penalty up to approximately $51,744 per violation under 15 U.S.C. § 45(m). The Rule is being actively enforced — the FTC announced its first major settlement (StubHub, $10M) on April 9, 2026. 2. **State AG enforcement history** — At least seven state Attorneys General have publicly enforced this exact theory under their state UDAP statutes: D.C. (Marriott, 2019); Nebraska (Hilton, $300,000 settlement Jan 2024; Marriott, Omni, Choice companion settlements); Texas (Marriott settlement; Hyatt $1.25M; Booking.com $9.5M; Hilton lawsuit); Pennsylvania (Marriott); Colorado (Marriott, Feb 2024). The conduct described above is materially identical. 3. **State UDAP** — Under [Mass. G.L. c. 93A § 2 / Cal. Bus. & Prof. Code § 17200 / Tex. Bus. & Com. Code § 17.46 / N.Y. GBL § 349 / Fla. Stat. § 501.204 / 815 ILCS 505/2], advertising a price that omits mandatory fees is a deceptive trade practice. This letter constitutes the [statutory demand under MA § 9; CA Civ. Code § 1782; TX § 17.505] where applicable. Demand: Within [14] days of receipt of this letter, please refund $[Total resort fee] to the original payment method (card ending [Last 4]). Confirm in writing. If you do not, I will pursue: • FCBA chargeback under 15 U.S.C. § 1666 with my card issuer (within the 60-day FCBA window from the statement showing the disputed charge); • FTC complaint at reportfraud.ftc.gov, citing 16 CFR Part 464; • Complaint to the [State] Attorney General consumer-protection division (and to the [hotel state] AG); • Small-claims action under [State] UDAP, which may permit [treble damages and attorney's fees in MA / TX; punitive damages in IL; statutory minimums and trebles in NY]. Sincerely, [Your Signature] [Your Printed Name] Enclosures: [as listed]
This template is for informational use only. It is not legal advice and does not create an attorney-client relationship. Square-bracketed placeholders must be replaced with your specific facts. State law and procedural details vary; if your situation is urgent, complicated, or high-stakes, email info@imfrustrated.org for a free conversation with a volunteer attorney before you send it.
How to use it
A few things before you send.
- 1.Screenshot the booking page BEFORE confirming the booking. The FTC Junk Fees Rule attack depends on showing that the displayed price didn't include the mandatory fee — pre-booking screenshots are the gold standard. If you only have the post-booking confirmation, use that, but pre-booking is much stronger.
- 2.Send to the hotel's General Manager AND brand corporate guest relations AND (if applicable) the OTA. Texas AG's $9.5M settlement with Booking.com confirms platforms are independently on the hook for deceptive total-price displays.
- 3.File the FCBA chargeback in parallel — within 60 days of the statement showing the resort-fee charge. Reason code: "services not as described" or "unauthorized charge." Chargeback usually resolves the dispute regardless of what the hotel does.
- 4.File the FTC complaint at reportfraud.ftc.gov citing 16 CFR Part 464. The Rule is being actively enforced (StubHub $10M settlement in April 2026). FTC complaints do not directly refund you but feed enforcement priorities — and citing the Rule in your letter signals you're informed.
- 5.Pay under protest. Pay the full folio at checkout (avoid being held over a fee dispute), then dispute via chargeback and demand letter. Refusing to pay at checkout can result in the hotel charging your card on file anyway and reporting you to collections.
What the law actually says
Why this letter works.
The FTC's Junk Fees Rule, 16 CFR Part 464, is the major federal development in this space. Finalized December 17, 2024 and effective May 12, 2025, it remains in force as of May 2026 — no court has stayed or vacated it. The Trump-administration FTC kept the rule (it was a rare bipartisan rulemaking) and on April 9, 2026 announced a $10 million settlement against StubHub for violating it. Covered entities under § 464.2 include short-term lodging — defined to include hotels, motels, inns, short-term rentals (Airbnb, VRBO), vacation rentals, and similar temporary sleeping accommodations.
What the Rule requires: under § 464.3, the Total Price must be displayed clearly and conspicuously, and more prominently than any other pricing information, before the consumer is asked to pay. "Total Price" means the maximum total of all fees or charges the consumer must pay, except government charges and shipping. "Mandatory Fee" includes any fee the consumer is required to pay regardless of services used — resort fees, destination fees, amenity fees, urban fees, mandatory cleaning fees, mandatory service charges. The Rule also prohibits misrepresenting any fee's nature, purpose, amount, refundability, or whether it's optional. Civil penalty up to approximately $51,744 per violation under 15 U.S.C. § 45(m).
State AG enforcement under state UDAP statutes preceded the FTC Rule and continues. D.C. AG Karl Racine sued Marriott in July 2019 under the D.C. Consumer Protection Procedures Act, alleging deceptive drip pricing on $9–$95/night resort fees across 189+ properties. Nebraska AG Mike Hilgers settled with Hilton in January 2024 for $300,000 plus injunctive relief; companion settlements with Marriott, Omni, and Choice followed. Texas AG Ken Paxton has secured a Marriott settlement, a $1.25 million Hyatt settlement, and a $9.5 million Booking.com settlement, and has an active Hilton lawsuit. Pennsylvania AG settled with Marriott. Colorado AG Phil Weiser secured a Marriott agreement in February 2024. The point for the demand letter: this is not a fringe theory — at least seven state AGs have publicly extracted concessions or judgments on the exact same conduct.
Procedural framework. Step 1: written demand to the hotel + brand corporate + (if applicable) OTA. Step 2: chargeback under the Fair Credit Billing Act (15 U.S.C. §§ 1666–1666j) — written billing-error notice to the card issuer within 60 days of the statement showing the disputed charge; issuer must investigate under § 1026.13 with mandatory protections during investigation. Step 3: FTC complaint at reportfraud.ftc.gov. Step 4: state AG complaint in both home state and hotel state. Step 5: small-claims court under state UDAP statute. Most state UDAP statutes provide treble damages and attorney's fees for prevailing consumers (Mass. Ch. 93A; Tex. DTPA up to treble; D.C. CPPA up to treble or $1,500/violation). The demand letter is what triggers MA's 30-day and TX's 60-day pre-suit clocks for enhanced damages.
State variations
What changes by state.
Not a comprehensive list. Confirm your state’s current statute before sending.
- Federal — FTC Junk Fees Rule
- 16 CFR Part 464, eff. May 12, 2025. Covers short-term lodging including hotels, motels, Airbnb, VRBO. Total Price including mandatory fees must be displayed more prominently than any other price, before checkout. Civil penalty up to ~$51,744 per violation under 15 U.S.C. § 45(m). First major settlement: StubHub $10M, April 2026.
- District of Columbia
- D.C. CPPA. AG Racine sued Marriott (July 2019) for resort-fee drip pricing across 189+ properties; case continues. Up to treble damages or $1,500/violation, whichever greater.
- Nebraska
- Nebraska Consumer Protection Act + Uniform Deceptive Trade Practices Act. AG Hilgers settled with Hilton ($300,000, Jan 2024); companion settlements with Marriott, Omni, Choice. Establishes that mandatory undisclosed fees violate NCPA.
- Texas
- DTPA. AG Paxton: Marriott settlement; Hyatt $1.25M; Booking.com $9.5M; active Hilton lawsuit. 60-day demand letter required for treble damages under § 17.505. Mandatory attorney's fees.
- Massachusetts
- G.L. c. 93A § 9. 30-day demand letter required. Up to 3x damages for willful or bad-faith refusal. Mandatory attorney's fees.
- California
- Bus. & Prof. Code § 17200 (UCL) + § 17500 (False Advertising Law) + Civ. Code § 1750 (CLRA). CLRA: 30-day demand for damages. CA also has its own "California Honest Pricing Law" (SB 478, eff. July 1, 2024) that bans drip pricing statewide.
- Colorado
- Colorado Consumer Protection Act. AG Weiser secured Marriott agreement on junk fees (Feb 2024).
If this doesn’t work
Your next move.
If the hotel refuses to refund the resort fee, the escalation stack is well-traveled. File the FCBA chargeback with your card issuer (60 days from statement) — the chargeback often resolves the dispute regardless of the hotel's position. File a complaint with the FTC at reportfraud.ftc.gov citing 16 CFR Part 464 — the Rule is being enforced (StubHub $10M, April 2026). File complaints with both your home-state AG and the hotel-state AG; resort-fee enforcement is high-priority for many AG consumer-protection offices. For chains, escalate to corporate. Small claims is the next step; bring the pre-booking screenshot showing the headline rate, the final folio, and the credit-card statement. Most state UDAP statutes (MA, TX, IL, NY, CA CLRA) provide attorney's fees and damages multipliers — meaning a successful claim recovers much more than just the fee.
Questions people ask
FAQ.
The hotel says the resort fee was "disclosed" in the fine print at checkout. Do I still have a claim?
Probably yes, especially for bookings on or after May 12, 2025. The FTC Junk Fees Rule requires the total price (including mandatory fees) to be the most prominent price displayed, before the consumer is asked to pay — not buried in a checkout disclosure. Pre-2025, state UDAP cases (Marriott, Hilton, Hyatt) repeatedly rejected "we disclosed it eventually" as a defense.
I booked through Expedia/Booking.com, not the hotel. Who do I send the letter to?
Send it to both. The Texas AG's $9.5M Booking.com settlement establishes that booking platforms are independently on the hook for deceptive total-price displays. The hotel is also liable because it ultimately charged the card.
What if I already checked out and paid without complaining?
You still have rights. The FCBA chargeback window is 60 days from the statement date — use it. State UDAP statutes of limitation are typically 2–4 years.
Can I refuse to pay the resort fee at checkout?
Maybe, but it's a fight at the desk. The cleaner play is: pay under protest, then dispute. Refusing to pay can result in the hotel charging your card on file anyway and reporting you to collections.
Does this cover Airbnb cleaning fees?
Yes. The FTC Junk Fees Rule explicitly covers home shares and vacation rentals booked through platforms like Airbnb and VRBO. Mandatory cleaning fees that aren't disclosed up-front in the headline price are covered.
Nervous about sending it yourself?
we’ll read it over with you.
Email the situation and a volunteer attorney will respond. No commitment, no invoice, no judgment — just an honest second pair of eyes from someone who actually understands the law.
info@imfrustrated.org