Bill Text: IL HB4629 | 2023-2024 | 103rd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Junk Fee Ban Act. Provides that it is a violation of the 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 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. Requires total price disclosures for retail mercantile establishments and food service establishments; and the disclosure of delivery fees. Provides for limitations of the Act. Provides that the Attorney General may enforce violations of the Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Preempts home rule.
Spectrum: Partisan Bill (Democrat 30-0)
Status: (Engrossed) 2024-09-16 - Added as Alternate Co-Sponsor Sen. Natalie Toro [HB4629 Detail]
Download: Illinois-2023-HB4629-Introduced.html
Bill Title: Creates the Junk Fee Ban Act. Provides that it is a violation of the 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 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. Requires total price disclosures for retail mercantile establishments and food service establishments; and the disclosure of delivery fees. Provides for limitations of the Act. Provides that the Attorney General may enforce violations of the Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Preempts home rule.
Spectrum: Partisan Bill (Democrat 30-0)
Status: (Engrossed) 2024-09-16 - Added as Alternate Co-Sponsor Sen. Natalie Toro [HB4629 Detail]
Download: Illinois-2023-HB4629-Introduced.html
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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Consumer Fraud and Deceptive Business | |||||||||||||||||||
5 | Practices Act is amended by adding Section 2EEEE as follows:
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6 | (815 ILCS 505/2EEEE new) | |||||||||||||||||||
7 | Sec. 2EEEE. Disclosure of mandatory fees and charges. | |||||||||||||||||||
8 | (a) It is an unlawful practice within the meaning of this | |||||||||||||||||||
9 | Act for a person to advertise, display, or offer a price for | |||||||||||||||||||
10 | goods or services that does not include all mandatory fees and | |||||||||||||||||||
11 | charges other than the following: | |||||||||||||||||||
12 | (1) taxes or fees imposed by a unit of government on | |||||||||||||||||||
13 | the transaction; and | |||||||||||||||||||
14 | (2) postage or carriage charges that will be | |||||||||||||||||||
15 | reasonably and actually incurred to ship the physical | |||||||||||||||||||
16 | goods to the consumer. | |||||||||||||||||||
17 | (b) This Section does not apply to the following: | |||||||||||||||||||
18 | (1) the provision of a broadband Internet access | |||||||||||||||||||
19 | service, as defined in 47 U.S.C. 8.1(b), on its own or as | |||||||||||||||||||
20 | part of a bundle, if the service is provided in compliance | |||||||||||||||||||
21 | with 47 U.S.C. 8.1(a); | |||||||||||||||||||
22 | (2) a financial transaction that is regulated under | |||||||||||||||||||
23 | federal or State Law; |
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