Bill Amendment: IL HB0045 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CONSUMER FRAUD-GROCERY COUPONS

Status: 2026-06-18 - Sent to the Governor [HB0045 Detail]

Download: Illinois-2025-HB0045-House_Amendment_001.html

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Rep. Janet Yang Rohr

Filed: 3/19/2026

 

 

 

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AMENDMENT TO HOUSE BILL 45
AMENDMENT NO. ______. Amend House Bill 45 by replacing
everything after the enacting clause with the following:
"Section 5. The Sale Price Ad Act is amended by changing
Sections 1 and 4 and by adding Section 3.7 as follows:
(815 ILCS 408/1) (was 720 ILCS 350/1)
Sec. 1. As used in this Act:
"Seller" means any person or legal entity that is in the
business of selling consumer goods to the public.
"Consumer goods" means any machine, appliance, clothing,
or like product bought for personal, family or household
purposes.
"Advertise" or "Advertising" means a notice in a
newspaper, magazine, pamphlet or flyer; an announcement on
television, cable television, or radio; and any other method
of communicating to the public.

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"Digital promotion" means any discount advertised,
offered, delivered, or redeemed by electronic means,
including, but not limited to, a mobile application, website,
email, or another similar method.
"Discount" includes, but is not limited to, any coupon or
promotion in an electronic, digital, paper, or any other
format that offers a price reduction or credit for any goods to
a consumer, either directly or indirectly, through redemption
by a retailer.
"Person" means an individual, natural person, public or
private corporation, government, partnership, unincorporated
association, or other entity.
"Retail mercantile establishment" means a retailer where
55% or more of its gross sales include nonprescription
medicines and any cooked or uncooked article of food,
beverage, alcohol, confection, or condiment used for or
intended to be used for human consumption off premises.
"Self-service checkout" means an interactive electronic
terminal that facilitates an action or displays a piece of
information and allows a consumer to pay for goods and
services.
(Source: P.A. 102-722, eff. 5-6-22.)
(815 ILCS 408/3.7 new)
Sec. 3.7. Digital promotions; consumer access.
(a) A retail mercantile establishment that owns and

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operates a mobile or computer application through which the
retail mercantile establishment advertises, offers, delivers,
or redeems digital promotions available in the retail
mercantile establishment shall ensure that the benefits of a
digital promotion are provided to any eligible consumer who
meets the stated terms and conditions of the digital
promotion. A retail mercantile establishment may establish any
redemption mechanism that allows an eligible consumer a
practical means of receiving the digital promotion in the
ordinary course of a transaction, including, but not limited
to, automatic discounts, point-of-sale assisted discounts, the
use of barcodes, quick response codes, or other unique
identifiers, or post-purchase methods, including the
submission of a receipt or proof of purchase or any other
reasonable means.
(b) Nothing in this Section shall be construed to restrict
a retail mercantile establishment's discretion to determine
the format, technology, or process by which a digital
promotion is redeemed or applied to a qualifying transaction
if any eligible consumer receives the equal value of the
digital promotion as advertised when the consumer satisfies
the stated terms and conditions of the digital promotion.
(c) Nothing in this Section shall be construed to require
a retail mercantile establishment to:
(1) offer or provide the benefits of any digital
promotion, discount, or other incentive to consumers who

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are not enrolled in a loyalty, membership, rewards, or
similar program when enrollment, application, or any
comparable action in the program is required to receive
the benefits; or
(2) make available targeted or personalized offers
that are based on a consumer's status in a loyalty,
membership, rewards, or similar program.
(d) Nothing in this Section shall be construed to apply to
a digital promotion in connection with online, delivery,
pickup, or other remote transactions or sales channel.
(e) Except as otherwise provided under this Act or any
other federal or State law, no person may:
(1) enforce any requirement, condition, penalty, or
fine, contractually or otherwise, upon a retail mercantile
establishment that relates to the offer or display of
prices, discounts, digital promotions, or services for
sale by the retail mercantile establishment; or
(2) otherwise restrict or regulate a retail mercantile
establishment's ability to provide discounts, digital
promotions, or incentives to consumers in connection with
the purchase of consumer goods.
(815 ILCS 408/4) (was 720 ILCS 350/4)
Sec. 4. (a) Violation of this Act is a business offense
with a fine not to exceed $25. A person or retail mercantile
establishment shall not be fined in excess of $500 per year for

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violations under this Act. A person may bring an action for
injunctive relief to obtain compliance with this Act. A
prevailing party may recover reasonable attorney's fees and
costs in an action brought under this Section.
(b) No fine shall be imposed on a person or a retail
mercantile establishment for a violation of this Act unless
the person or retail mercantile establishment is provided
written notice of the alleged violation and afforded 15 days
after receipt of the notice to cure the violation. If the
retail mercantile establishment cures the violation within the
15-day period, no fine shall be assessed for that violation.
(Source: P.A. 102-722, eff. 5-6-22.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.".