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

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ALGORITHMIC PRICE TRANSPARENCY

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

Download: Illinois-2025-HB4248-Senate_Amendment_001.html

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Sen. Robert Peters

Filed: 5/31/2026

 

 

 

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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
Protection from Surveillance Pricing Act.
Section 5. Definitions. In this Act:
"De-identified data" means data that does not identify and
cannot reasonably be used to infer information about, or
otherwise be linked to, an identified or identifiable
individual, or a device linked to the individual, if the
controller that possesses the data:
(1) takes reasonable physical, administrative, and
technical measures to ensure that the data cannot be
associated with an individual or be used to re-identify
any individual or device that identifies or is linked or
reasonably linkable to an individual;

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(2) publicly commits to process the data only in a
de-identified fashion and not attempt to re-identify the
data; and
(3) contractually obligates any recipients of the data
to satisfy the requirements set forth in paragraphs (1)
and (2) of this definition.
"Loyalty program" means a program that rewards consumers
for repeat purchases, in which a consumer has separately and
affirmatively enrolled prior to the point of sale, through a
distinct enrollment process that is not bundled with or
conditioned upon any individual purchase transaction.
"Person" means a natural person or an entity, including,
but not limited to, a corporation, partnership, association,
trust, limited liability company, cooperative, or other
organization.
"Personal data" means any information, including unique
identifiers, that is linked or reasonably linkable, alone or
in combination with other information, to an identified or
identifiable individual or a device that identifies or is
linked or reasonably linkable to an individual. "Personal
data" does not include de-identified data.
"Surveillance pricing" means offering or setting a
customized price for goods or services for a specific consumer
or group of consumers based, in whole or in part, on personal
data. "Surveillance pricing" includes, but is not limited to,
the use of technological methods, systems, or tools, such as

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sensors, cameras, device tracking, or other forms of
observation or data collection, that are capable of gathering
personal information about a consumer's behavior,
characteristics, location, or other personal attributes.
"Surveillance pricing" also includes offering random
variations in prices to different customers using a website,
mobile application, or comparable online technology.
"Surveillance pricing" does not include a discounted price
offered to a consumer terminating or taking steps to terminate
a service or membership with a person.
Section 10. Ban on surveillance pricing.
(a) Except as provided in subsection (b), a person shall
not engage in surveillance pricing.
(b) A person does not engage in surveillance pricing if
the person can demonstrate that:
(1) The difference in pricing is based solely on
different costs associated with providing the goods or
services to different consumers, including variations in
taxes, fees, and assessments imposed by federal, State, or
local law, and differences in shipping or delivery costs.
(2) The difference in pricing is due to generally
applicable price fluctuations over time.
(3) The difference in pricing is based solely on the
offer of a good faith credit, refund, rebate, or discount
issued in response to:

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(A) a service disruption, error, or other failure
to deliver a good or service as promised or expected;
(B) a billing dispute; or
(C) a request for cancellation.
(4) The difference in pricing is based on publicly
disclosed eligibility criteria that any consumer could
potentially meet, including, but not limited to, signing
up for a mailing list, registering for promotional
communications, or participating in a promotional event
and all differences in pricing and the terms and criteria
for receiving the differences in pricing are conveyed
clearly and conspicuously and are disclosed in clear and
prominent terms on the company's website.
(5) The difference in pricing is offered or provided
to a commonly understood social grouping, such as
teachers, veterans, senior citizens, or students, if:
(A) all the differences in pricing and the terms
and criteria for receiving the differences in pricing
are publicly available, are disclosed and conveyed
clearly and conspicuously on the company's website;
and
(B) any consumer can obtain the difference in
price if the consumer can demonstrate that the
consumer is part of the group.
(6) The difference in pricing is offered as part of a
loyalty, membership, or rewards program if:

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(A) the price difference is available to any
consumer who participates in the loyalty, membership,
or rewards program and meets the publicly disclosed
terms, eligibility criteria, or conditions, and prices
are not individualized for consumers as part of the
program; the consumer consents to participate in the
program; and the program may offer discounts or
promotional benefits under its terms and conditions if
participation in the program does not result in the
consumer paying a higher price than the price
otherwise available;
(B) current discounts, promotions, rewards, or any
other benefits provided to loyalty program members,
and the conditions that must be met before obtaining
them, are disclosed clearly and conspicuously on equal
terms on the company's website; and
(C) any loyalty, membership, or rewards program
that allows a user to accrue and exchange points,
credits, or any similar nonmonetary system of value
for a product or service does not charge a different
price for those points, credits, or similar
nonmonetary system of value to different consumers for
the same or substantially similar product or service.
(7) That a refusal to extend credit at specific terms
or the refusal to enter into a transaction with a specific
consumer is based on data provided in a consumer report

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covered by the federal Fair Credit Reporting Act.
(8) That the person operates as a bank, savings bank,
credit union, or any financial institution certified,
permitted, approved, chartered, registered, licensed, or
otherwise authorized to engage in any profession, trade,
occupation, or industry by the Division of Banking or the
Division of Financial Institutions of the Department of
Financial and Professional Regulation.
(c) This Act does not apply to an air carrier that provides
air transportation, as those terms are used in 49 U.S.C.
41713.
(d) This Act does not apply to the pricing of insurance or
insurance-related products issued by a risk-bearing entity
under an Act administered by the Department of Insurance,
unless the surveillance pricing is used to price the product
based on a consumers willingness to pay or limits a consumer's
ability to comparison shop.
Section 15. Enforcement.
(a) The Attorney General or the State's Attorney of any
county in this State may bring an action in the name of the
People of this State against any person to restrain and
prevent any pattern or practice in violation of Section 10. In
the enforcement of Section 10, the Attorney General or the
State's Attorney may accept an assurance of voluntary
compliance from anyone engaged in any conduct, act, or

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practice deemed in violation of Section 10. The failure to
perform the terms of any such assurance constitutes prima
facie evidence of a violation of Section 10.
(b) A violation of Section 10 constitutes an unlawful
practice under the Consumer Fraud and Deceptive Business
Practices Act. All remedies, penalties, and authority granted
to the Attorney General or the State's Attorney by the
Consumer Fraud and Deceptive Business Practices Act shall be
available to the Attorney General or the State's Attorney for
the enforcement of Section 10.
Section 20. Action for actual damages. Any person who
suffers actual damage as a result of a violation of Section 10
may bring an action under Section 10a of the Consumer Fraud and
Deceptive Business Practices Act.
Section 25. Waiver void and unenforceable. Any waiver of
the provisions of this Act is void and unenforceable as
contrary to public policy.
Section 30. Home rule. A home rule unit may not regulate
surveillance pricing in a manner inconsistent with the
regulation by the State of surveillance pricing under this
Act. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions

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exercised by the State.
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 Protection from Surveillance
Pricing Act. Any person who violates Section 10 of the
Protection from Surveillance Pricing Act commits an unlawful
practice within the meaning of this Act.".