It becomes trickier when the fee is elective, but a significant part of the advertisement. Southwest Airlines complaining about having to advertise their fares, which come with two bags included, alongside other airlines who don’t include any bags comes to mind. I think there is probably some world where elective fees are included as well though this seems more nebulous.
However, let’s not let the perfect be the enemy of the good: Even just including everything that is compulsory in the base price itself, including taxes, would be a massive improvement to the status quo. Fixing this elective fee ambiguity would be a next step
The (hypothetical) airfare was listed as "free", but it was impossible to end up paying less than $1200 for it.
The point being that even if you have a choice between several fees (making none of them "mandatory" by a narrow reading), you're still paying something beyond the advertised base price.
The logical good-faith rule in a case like this would be that you must advertise at least the minimum price anyone would end up paying based on the available "fee choices".
It's really not a practical problem in any country that has the appropriate laws. The only thing it takes to fix this is the political will to do so.
I recently ordered cake for $x, with a mandatory selection of "size". The only possible size was "large", which cost an add-on fee of $3. Just make that type of stuff illegal yesterday. Absolutely nothing of value will be lost.
This insistence at having EXACT WORDS for things that aren't exact is just naivety, thinking the world is can be divided perfectly into categories if we just make the categories specific enough!
You cannot.
- In the EU, what can legally be defined as a "sale" price (e.g. 20% off till Friday! deals) uses very precise verbiage that states an item must be at a certain percentage higher for a specific period of time (typically 30 days) to constitute a sale.
- In the USA, the regulations basically say that companies should make a good faith effort to not deceive consumers with sale prices. It leaves defining what a good faith effort is as an exercise to the reader (states).
The end result is that you have a lot more misleading price info in the States, since all manner of questionably legal manipulation tactics are used and enforcement of this is lax.
Free airfare to Hawaii!
Fee for paying by cash: $1000 Fee for paying by check: $1100 Fee for paying by credit card: $1050 Fee for middle seat: $200 Fee for window seat: $300 Fee for aisle seat: $250
Note that no fee on this list is mandatory because you always have other options.