Bill Amendment: IL HB4044 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CONSUMER RIGHT TO RETURN

Status: 2026-05-21 - Added Co-Sponsor Rep. Robert "Bob" Rita [HB4044 Detail]

Download: Illinois-2025-HB4044-House_Amendment_001.html

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Rep. Marcus C. Evans, Jr.

Filed: 4/7/2026

 

 

 

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AMENDMENT TO HOUSE BILL 4044
AMENDMENT NO. ______. Amend House Bill 4044 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Consumer Product Return Act.
Section 5. Definitions. As used in this Act:
"Consumer product" means any machine, appliance, clothing,
or similar product bought for personal, family, or household
purposes. "Consumer product" does not include prescription
medicine, over-the-counter medicine, medical equipment, or
food or beverage items intended for human consumption.
"Person" means an individual, natural person, public or
private corporation, government, partnership, unincorporated
association, or other entity.
"Retail mercantile establishment" means a place of
business in this State that is open to the general public for

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the sale of consumer products. "Retail mercantile
establishment" does not include an establishment for which
more than 50% of gross annual sales are derived from the sale
of food or beverages for either on-premises consumption or
off-premises preparation and consumption.
"Unopened" means a product that remains in its original
manufacturer or retailer packaging; has not been unsealed,
unwrapped, opened, or otherwise tampered with; and retains all
original labels, shrink wrap, seals, or tags intact and
affixed in their original condition.
"Unused" means a product that has not been worn,
installed, operated, consumed, or otherwise subjected to any
use, handling, or alteration that changes its original
condition as sold.
Section 10. Unopened and unused returns.
(a) A retail mercantile establishment shall not limit the
method of return or refund to the issuance of store credit when
accepting the return of an unopened or unused consumer product
from a consumer.
(b) A retail mercantile establishment may require a
consumer to provide reasonable proof of purchase, including,
but not limited to, a receipt, transaction record,
identification, or other evidence, and may use any reasonable
method to verify that the consumer purchased the unused or
unopened consumer product before processing a return, refund,

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or exchange under this Section.
(c) Nothing in this Section shall be construed to require
a retail mercantile establishment to accept the return of a
consumer product if the establishment, in its reasonable
judgment, suspects fraud or determines that the consumer
product is not unopened or unused.
(d) Nothing in this Section shall be construed to
prohibit, restrict, or regulate a retail mercantile
establishment from establishing a return policy or terms and
conditions governing the return of a consumer product if the
requirements of subsection (a) are satisfied.
(e) Nothing in this Section shall be construed to
prohibit, restrict, or regulate a retail mercantile
establishment from offering any lawful method of refund or
exchange for a consumer product, including, but not limited
to, store credit, refund in the original form of payment,
product exchange, or any other method of return.
(f) Nothing in this Section shall be construed to require
a retail mercantile establishment to accept the return of any
consumer product that does not qualify for return under the
establishment's return policy or applicable law.
(g) No person, including, but not limited to, online
marketplaces, delivery service providers, or any other
intermediaries involved in the purchase or delivery of a
consumer good, shall fail to remit to a retail mercantile
establishment the value of a consumer product when a purchase

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is rescinded, if the consumer has received the product and has
not returned, or made the product available for return to, the
retail mercantile establishment.
Section 15. Penalties.
(a) A violation of this Act is a business offense with a
fine not to exceed $25. A retail mercantile establishment
shall not be fined in excess of $500 in a calendar year for
violations of this Act. A violation of this Act shall be
prosecuted by the State's Attorney of the county in which the
violation occurred.
(b) A person may bring an action for injunctive relief to
obtain compliance with this Act. An action brought under this
Section shall be limited to injunctive or other equitable
relief necessary to secure compliance with this Act and shall
not authorize an award of damages, civil penalties, attorney's
fees, or costs.
Section 20. Notice to cure. Before a fine may be imposed
under this Act, the State's Attorney of the county in which the
violation occurred shall provide the retail mercantile
establishment with written notice of the violation. The retail
mercantile establishment shall have 30 days after the date of
the notice to cure the violation. If the violation is cured
within the 30-day period, no fine shall be imposed for that
violation.

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Section 25. Home rule. The regulation of the return of
consumer products is an exclusive power and function of the
State. A home rule unit may not regulate the return of consumer
products. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
Section 99. Effective date. This Act takes effect July 1,
2027.".