Unfair Competition Law: hotels.
What changed between versions
Knowledge standard changed from 'knows, or should know' (constructive knowledge) to 'actual knowledge,' meaning hotels are no longer liable for failing to disclose reservations they were not specifically informed about.
New good-faith safe harbor: an operator who has established a protocol to comply in good faith is deemed compliant, even if the protocol has gaps.
New explicit provision stating the section does not impose any duty on a hotel operator to seek information about federal reservations.
The requirement that the notice must 'clearly and conspicuously identify the agency that has a reservation and the length of the reservation' was removed from the operative text in favor of a simpler disclosure of 'the potential presence' of CBP or ICE.
Disclosure obligation narrowed from 'any contracts or reservations with any federal agency' to only 'reservations with CBP or ICE.' Contracts are no longer covered, and other federal agencies are excluded.
Posting deadline relaxed from 'at least one week before the start of the reservation' (with a shorter window for last-minute bookings) to 'no later than the time of arrival of an employee of that federal entity.' No advance notice is required.
New liability shield: the hotel and its operator are not liable for loss of life, injuries, violations, penalties, or any damages that might occur as a result of complying with the disclosure requirement.
New definition of 'operator' limited to a person employed directly by the hotel owner or day-to-day operations entity, classified as a 'manager' by title, and working 40 or more hours per week at the hotel. This narrows who bears the legal obligation.