Bill Amendment: IL HB4248 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: ALGORITHMIC PRICE TRANSPARENCY

Status: 2026-06-01 - Added as Alternate Chief Co-Sponsor Sen. Rachel Ventura [HB4248 Detail]

Download: Illinois-2025-HB4248-House_Amendment_001.html

---

Rep. Maura Hirschauer

Filed: 3/24/2026

 

 

 

10400HB4248ham001 LRB104 16598 SPS 34912 a
AMENDMENT TO HOUSE BILL 4248
AMENDMENT NO. ______. Amend House Bill 4248 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Algorithmic Pricing Transparency Act.
Section 5. Legislative findings. The General Assembly
finds and declares:
(1) Consumers increasingly purchase goods and services
through online platforms that collect and process browsing
behavior, geolocation data, purchase history, and other
personal data.
(2) Businesses use automated systems and data-driven
algorithms to generate prices that may vary among
consumers for the same goods or services.
(3) These practices, sometimes referred to as
"surveillance pricing", may limit a consumer's ability to

10400HB4248ham001 - 2 - LRB104 16598 SPS 34912 a
comparison-shop and may enable pricing based on a
consumer's perceived willingness to pay.
(4) Transparency regarding the use of personal data in
pricing practices is necessary to promote fair dealing,
consumer protection, and market integrity.
Section 10. Definitions. In this Act:
"Algorithmic pricing" means a price for goods or services
generated, in whole or in part, using an automated decision
system, machine-learning model, or data-driven algorithm.
"Baseline price" means the price for goods or services
made available to consumers by a covered entity, excluding any
discounts, coupons, promotional offers, limited-time sales,
rebates, loyalty or club member pricing, or other reductions
or incentives offered to the consumer that lower the total
amount the consumer pays for the goods or services. "Baseline
price" does not include a higher price for goods or services
made available to consumers by a covered entity for the
purpose of offering a lower price through surveillance pricing
or algorithmic pricing. "Baseline price" does not include any
additional fees for premium or additional features.
"Clear and conspicuous" means a disclosure that is easily
noticeable, understandable, and proximate to the pricing
information presented to the consumer.
"Covered entity" means any person or entity that sells or
offers to sell goods or services through an online platform to

10400HB4248ham001 - 3 - LRB104 16598 SPS 34912 a
consumers in this State.
"Personal data" means information linked or reasonably
linkable to a consumer, including, but not limited to,
browsing history, search queries, geolocation data, prior
purchases, digital identifiers, or demographic profile data.
"Personalized price increase" means a price for goods or
services that is higher than the baseline price and is set for
a consumer based on the consumer's personal data.
"Surveillance pricing" means algorithmic pricing that uses
a consumer's personal data to generate a personalized price
increase. "Surveillance pricing" does not include any methods
of lowering the baseline price for goods or services,
including, but not limited to:
(1) the application of any discounts, coupons,
promotional offers, rebates, limited-time sales, loyalty
or club member pricing, or other reductions or incentives
offered to the consumer that lower the total amount the
consumer pays;
(2) price comparison tools, competitor price matching,
or other comparison-based pricing mechanisms; or
(3) any other price reduction method that does not
increase the baseline price to the consumer.
Section 15. Mandatory disclosure of surveillance pricing.
(a) A covered entity shall provide a clear and conspicuous
disclosure if the baseline price for a specific consumer is

10400HB4248ham001 - 4 - LRB104 16598 SPS 34912 a
personalized and generated using surveillance pricing. The
disclosure must state: THIS PRICE WAS SET BY AN ALGORITHM
USING YOUR PERSONAL DATA.
(b) The disclosure required under subsection (a) shall be
considered proximate to the pricing information if it is
presented next to the price, at the point of checkout, or
through a notice presented before completion of the
transaction.
Section 20. Consumer rights.
(a) A consumer may opt out of surveillance pricing.
(b) Upon request, a covered entity shall provide the
consumer with a non-personalized baseline price for the goods
or services.
Section 25. Prohibited conduct.
(a) A covered entity shall not use the following
information to generate algorithmic pricing:
(1) race;
(2) religion;
(3) sexual orientation;
(4) immigration status;
(5) medical information; or
(6) criminal history.
(b) A covered entity shall not engage in deceptive or
misleading personalized pricing practices.

10400HB4248ham001 - 5 - LRB104 16598 SPS 34912 a
(c) A covered entity shall not inflate baseline prices or
impose penalties on consumers who opt out of surveillance
pricing under subsection (a) of Section 20.
Section 30. Exceptions.
(a) This Act does not apply to price changes that are the
result of:
(1) fluctuations in the cost of acquiring, producing,
transporting, or distributing inventory, including, but
not limited to, changes in wholesale prices, manufacturing
costs, labor, insurance, or other input costs associated
with providing goods or services to different consumers;
(2) objective cost differences directly related to the
provision, supply, or sale of goods or services to
consumers in different geographic areas, market regions,
or delivery locations, including, but not limited to,
reasonable variations reflecting the costs or conditions
associated with serving particular areas or responding to
differing levels of supply or demand;
(3) supply chain disruptions, including, but not
limited to, delays, shortages, allocation by suppliers,
changes in shipping modes or routes, or other logistical
constraints that reasonably affect the seller's costs or
available quantities;
(4) time-limited sales, promotions, or discounts that
are offered in good faith and in the usual course of the

10400HB4248ham001 - 6 - LRB104 16598 SPS 34912 a
seller's business, including introductory pricing,
seasonal or clearance sales, and advertised promotional
events;
(5) the imposition, repeal, or adjustment of any tax,
fee, surcharge, or assessment imposed by federal, State,
or local law, or any pass-through of such amounts to the
consumer;
(6) variations in shipping, delivery, or handling
costs, including fuel surcharges and carrier rate changes,
and any pass-through of such costs to the consumer;
(7) loyalty, membership, or rewards programs,
including differentiated pricing based on participation in
the programs, use of digital coupons, or accumulation or
redemption of rewards, if the terms are disclosed and
applied in a non-discriminatory manner;
(8) special discount programs, including
differentiated pricing offered to individuals who meet
publicly disclosed eligibility criteria, such as teachers,
employees, active-duty or retired military personnel,
senior citizens, and students;
(9) any fees, surcharges, or other charges that are
imposed or set by third parties, including payment
processors, delivery platforms, or other intermediaries,
and any pass-through of such amounts to the consumer; or
(10) any other bona fide price change that is
reasonably attributable to legitimate business

10400HB4248ham001 - 7 - LRB104 16598 SPS 34912 a
considerations, including changes in market demand,
competitive conditions, or the seller's cost structure, if
the price change is applied in a non-discriminatory manner
to similarly situated consumers.
(b) This Act does not apply to algorithmic pricing models
that do not use personal data, including models based on
aggregate market demand.
(c) This Act does not apply to:
(1) any insurer or affiliate of the insurer or any
artificial intelligence system, algorithmic pricing
system, or surveillance pricing system deployed by or on
behalf of an insurer or affiliate of the insurer; or
(2) providers of financial services, including, but
not limited to, financial institutions, financial
institution affiliates, broker-dealers, registered
investment advisors, and entities that provide consumer
credit products, including credit cards, personal loans,
and mortgages.
The provisions of paragraph (1) apply to any insurer or
affiliate of the insurer that is regulated by the Department
of Insurance. Nothing in the paragraph shall be construed to
delegate regulatory oversight over any insurer or affiliate of
an insurer to any State agency other than the Department of
Insurance.
Section 35. Enforcement. A violation of any of the

10400HB4248ham001 - 8 - LRB104 16598 SPS 34912 a
provisions of this Act is an unlawful practice under the
Consumer Fraud and Deceptive Business Practices Act. All
remedies, penalties, and authority granted to the Attorney
General by that Act shall be available to him or her for the
enforcement of this Act.
Section 40. Home rule. The regulation of algorithmic
pricing, surveillance pricing, or any other similar pricing
mechanism is an exclusive power and function of the State. A
home rule unit may not regulate algorithmic pricing,
surveillance pricing, or any other similar pricing mechanism.
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 45. Rulemaking. The Attorney General shall adopt
rules to implement and administer this Act.
Section 50. Relation to other laws. Nothing in this Act
shall be construed to limit any federal or State law.
Section 90. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2MMMM as follows:
(815 ILCS 505/2MMMM new)
Sec. 2MMMM. Violations of the Algorithmic Pricing

10400HB4248ham001 - 9 - LRB104 16598 SPS 34912 a
Transparency Act.
(a) A person who violates the Algorithmic Pricing
Transparency Act commits an unlawful practice within the
meaning of this Act.
(b) The provisions of Section 10a do not apply to a
violation of this Section.
Section 99. Effective date. This Act takes effect January
1, 2028.".