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


Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice under 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; or (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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-19 - Rule 2-10 Third Reading Deadline Established As May 3, 2024 [SB3331 Detail]

Download: Illinois-2023-SB3331-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3331

Introduced 2/7/2024, by Sen. Omar Aquino

SYNOPSIS AS INTRODUCED:
815 ILCS 505/2EEEE new

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unfair or deceptive act or practice within the meaning of the Act for a person to: (1) advertise, display, or offer a price for goods or services that does not include all mandatory fees or charges other than taxes imposed by a government entity; or (2) engage in any fraudulent or deceptive conduct that creates a likelihood of confusion or of misunderstanding concerning the complete price of goods or services offered, displayed, or advertised. Provides that a person does not violate the provision if the total price of the goods or services being offered, displayed, or advertised, including any mandatory fees a consumer would incur during the transaction, is clearly and conspicuously disclosed in each advertisement or display and whenever a price is first shown to a consumer. Effective immediately.
LRB103 38879 SPS 69016 b

A BILL FOR

SB3331LRB103 38879 SPS 69016 b
1 AN ACT concerning business.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2EEEE as follows:
6 (815 ILCS 505/2EEEE new)
7 Sec. 2EEEE. Disclosure of mandatory fees.
8 (a) As used in this Section, "mandatory fee" means a fee
9required for purchasing the goods or services advertised,
10displayed, or offered.
11 (b) It is an unfair or deceptive act or practice within the
12meaning of this Act for a person to:
13 (1) advertise, display, or offer a price for goods or
14 services that does not include all mandatory fees or
15 charges other than taxes imposed by a government entity;
16 or
17 (2) engage in any fraudulent or deceptive conduct that
18 creates a likelihood of confusion or of misunderstanding
19 concerning the complete price of goods or services
20 offered, displayed, or advertised.
21 (c) A person does not violate this Section if the total
22price of the goods or services being offered, displayed, or
23advertised, including any mandatory fees a consumer would

SB3331- 2 -LRB103 38879 SPS 69016 b
1incur during the transaction, is clearly and conspicuously
2disclosed in each advertisement or display and whenever a
3price is first shown to a consumer.
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