THE CUP CHARGE
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The rule that was supposed to stop this specifically carved this out.
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> the FTC's own "Junk Fees Rule" - built to ban exactly this kind of surprise surcharge - took effect May 2025 covering only two categories: live-event tickets and short-term lodging
> restaurants were in the original draft. They got carved out before the final rule shipped
> that gap is why a coffee shop can still charge 40¢ for the cup your $9 coffee came in, itemized separately, and stay fully compliant
> 15%+ of restaurants nationally now add a surcharge like this - National Restaurant Association's own count. Combined, these fees cost Americans $64B+ a year
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Florida and Colorado wrote their own rules this year because the federal one stopped at the restaurant door. The cup wasn't a mistake. It was priced into a gap regulators drew on purpose.
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