Bill Amendment: IL SB3331 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CONSUMER FRAUD-MANDATORY FEES

Status: 2025-01-07 - Session Sine Die [SB3331 Detail]

Download: Illinois-2023-SB3331-Senate_Amendment_002.html

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Sen. Omar Aquino

Filed: 4/11/2024

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AMENDMENT TO SENATE BILL 3331
AMENDMENT NO. ______. Amend Senate Bill 3331, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 1. Short title. This Act may be cited as the Junk
Fee Ban Act.
Section 5. Definitions.
"Ancillary good or service" means any additional
merchandise offered to a consumer as part of the same
transaction.
"Advertisement" means a notice in any printed m00aterial,
television, Internet, email, text message, mobile or computer
application, or any other similar physical, electronic, or
digital communication regarding the sale of a consumer good or
service.
"Bar" or "tavern" means an establishment that is devoted

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to the serving of alcoholic beverages for consumption by
guests on the premises and that derives no more than 50% of its
gross revenue from the sale of food consumed on the premises,
including, but not limited to, bars, taverns, nightclubs,
cocktail lounges, adult entertainment facilities, and
cabarets.
"Consumer goods or services" means goods and services that
are used or bought for use primarily for personal, family, or
household purposes.
"Display price" means the displayed price of a consumer
good or service provided to the consumer within the retail
mercantile establishment's physical location or Internet,
email, text message, mobile or computer application, or any
other similar physical, electronic, or digital communication.
"Delivery fees" means any fee charged to a consumer for
providing delivery of consumer goods, food, or beverages.
"Food service establishment" means a bar, tavern, or
restaurant.
"Interchange fee" means a fee that a financial
institution, payment processor, credit card payment network,
or other person or entity charges a person, retail mercantile
establishment, food service establishment, or physical fitness
center when a consumer uses a card, note, plate, coupon book,
credit, or similar device to purchase a consumer product or
service.
"Physical fitness center" means any person or business

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entity offering physical fitness services to the public.
"Physical fitness services" includes instruction, training
or assistance in physical culture, bodybuilding, exercising,
weight reducing, figure development, judo, karate,
self-defense training, or any similar activity, the use of the
facilities of a physical fitness center for any such
activities, or membership in any group formed by a physical
fitness center for any such purposes.
"Place of short-term lodging" means a hotel, motel, inn,
short-term rental, or other place of lodging that advertises
at a price that is a nightly, hourly, or weekly rate.
"Person" means an individual, natural person, public or
private corporation, government, partnership, unincorporated
association, or other entity. "Person" does not include food
service establishment, retail mercantile establishment, or
physical fitness center.
"Pricing information" means any information relating to an
amount a consumer may pay as part of a transaction.
"Restaurant" means any business that is primarily engaged
in the sale of ready-to-eat food for immediate consumption.
For the purpose of this definition, "primarily engaged" means
having sales of ready-to-eat food for immediate consumption
comprising at least 51% of the total sales, excluding the sale
of liquor.
"Retail mercantile establishment" means a business that
provides consumer goods and services to consumers at retail

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and generates occupation or use tax revenue. "Retail
mercantile establishment" does not include a food service
establishment or physical fitness center.
"Shipping charges" means the fees or charges that
reasonably reflect the amount to be incurred to send goods to a
consumer through the mail, including private mail services.
"Total price" means the maximum total of all fees or
charges a consumer shall pay for a good or service and any
mandatory ancillary good or service. "Total price" does not
include shipping charges or taxes, gratuities, interchange
fees, discounts regulated pursuant to the Sale Price Ad Act,
or fees collected and passed on to a quasi-governmental
entity, including any assessment fees associated with a
government created special district.
Section 10. Hidden and misleading fees. It is a violation
of this Act for a person to:
(1) offer, display, or advertise an amount a consumer
may pay for merchandise without clearly and conspicuously
disclosing the total price;
(2) fail, in any offer, display, or advertisement that
contains an amount a consumer may pay, to display the
total price more prominently than any other pricing
information;
(3) misrepresent the nature and purpose of any amount
a consumer may pay, including the ability to refund the

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fees and the identity of any merchandise for which fees
are charged;
(4) fail to disclose clearly and conspicuously before
the consumer consents to pay, the nature and purpose of
any amount a consumer may pay that is excluded from the
total price, including the ability to refund the fees and
the identity of any merchandise for which fees are
charged; or
(5) offer, display, or advertise, including through
direct offerings, third-party distribution, or metasearch
referrals, a total price for a place of short-term lodging
that does not include all required fees.
Section 15. Retail advertisement of consumer goods and
services; disclosure of total price. If a retail mercantile
establishment or food service establishment that advertises
consumer goods or service are for sale and that advertisement
states the total price of the consumer goods or service, the
stated total price shall include all fees or charges that
apply to the service or the consumer good or the advertisement
shall state clearly that additional fees or charges may be
added to the total price.
Section 20. Retail mercantile establishments; disclosure
of total price. A retail mercantile establishment is not
required to provide the total price in the display price of a

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consumer good or service. A retail mercantile establishment
may use any reasonable method available to provide notice of
the total price, including, but not limited to, the following
commercial channels:
(1) on a screen, monitor, or other display at the
point of sale;
(2) website, Internet, email, text message, mobile or
computer application, or any other electronic or digital
communication;
(3) in-store consumer promotions, advertisement, or
any other similar display;
(4) membership, loyalty, or reward program or any
other similar program; or
(5) any other reasonable means available to the retail
mercantile establishment.
Section 25. Food service establishments; disclosure of
total price. A food service establishment is not required to
provide the total price within the display price of food or
beverages. A food service establishment shall provide notice
of a consumer fee or charge prior to the purchase of the food
or beverages. A food service establishment may use any
reasonable method available to provide notice of the total
price, including, but not limited to, the following commercial
channels:
(1) at the establishment's premises on a menu, on a

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tabletop or countertop display, or through posted signage;
(2) on the establishment's website where food and
beverage prices are advertised;
(3) on a screen, monitor, or other interactive
display;
(4) email, text message, mobile or computer
application, or any other electronic or digital
communication;
(5) in-store consumer promotions, advertisement, or
any other similar display;
(6) membership, loyalty, or reward program or any
other similar program; or
(7) any other reasonable means available to the food
service establishment.
Section 30. Disclosure of delivery fees.
(a) A food service establishment or retail mercantile
establishment shall provide notice of any delivery fee charged
to a consumer prior to the acceptance of the delivery. This
notice shall be provided pursuant to any reasonable method
provided in Section 20 or 25.
(b) A food service establishment or retail mercantile
establishment is not responsible for providing notice to
consumers of delivery fees or other fees charged by a
third-party to the consumer or by a third-party to the food
service establishment or a retail mercantile establishment.

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Section 35. Physical fitness services; disclosure of total
payment obligations. Every contract for physical fitness
services shall be in writing and shall be subject to the
Physical Fitness Services Act. Every contract for physical
fitness services shall set forth the customer's total payment
obligation for physical fitness services to be received under
the contract.
Section 40. Limitations.
(a) Nothing in this Act shall be construed to limit,
regulate, or prohibit a retail mercantile establishment or
food establishment's ability to charge consumers fees or
similar charges associated with consumer goods, food,
beverages, or services.
(b) Nothing in this Act shall require retail mercantile
establishment or food establishment to reimburse any fee or
charge unless the fee or charge is found to be illegal or is
illegally applied, as determined by a court of law.
(c) Nothing in this Act shall be construed to limit,
regulate, or prohibit a retail mercantile establishment's or
food establishment's ability to set prices for consumer goods
or services.
(d) The advertising and display of motor fuel by a
retailer as defined by the Motor Fuel and Petroleum Standards
Act is subject to the requirements provided in subsection (e)

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of Section 17-5.7 of the Criminal Code of 2012.
(e) The disclosure of discounted prices by a retail
mercantile establishment are subject to the requirements of
the Sale Price Ad Act.
(f) The requirements of this Act do not apply to consumer
purchases made at wholesale clubs that sell consumer goods and
services through a membership model.
(g) Nothing in this Act alters any federal law.
(h) Nothing in this Act shall infringe or impede on any
right or remedy available under State law.
Section 45. Enforcement under the Consumer Fraud and
Deceptive Business Practices Act. The Attorney General may
enforce violations of this Act as 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 the Attorney General
for the enforcement of this Act.
Section 50. Home rule. The disclosure of the total price,
as defined in this Act, of a consumer good or service is an
exclusive power and function of the State. A home rule unit may
not regulate the disclosure of total prices by retail
mercantile establishments or food service establishments. This
Section is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of

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