Bill Text: IL HB4629 | 2023-2024 | 103rd General Assembly | Engrossed

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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 20-0)

Status: (Engrossed) 2024-04-19 - Referred to Assignments [HB4629 Detail]

Download: Illinois-2023-HB4629-Engrossed.html

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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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 material,
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
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

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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, or food service establishment when a consumer
uses a card, note, plate, coupon book, credit, or similar
device to purchase a consumer product or service.
"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, or retail mercantile establishment.
"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

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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
and generates occupation or use tax revenue. "Retail
mercantile establishment" does not include a food service
establishment.
"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

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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.
Section 15. 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
consumer good or service. A retail mercantile establishment
shall provide notice of a consumer fee or charge prior to the
purchase of the food or beverages. A retail mercantile

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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 20. 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
tabletop or countertop display, or through posted signage;

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(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 25. Disclosure of delivery fees.
(a) For consumer goods or services sold by a food service
establishment or retail mercantile establishment that will be
delivered by a third-party delivery service, the food service
establishment or retail mercantile establishment shall require
by contract with the third-party delivery service that the
third-party delivery service shall comply with Section 10.
(b) A food service establishment or retail mercantile
establishment is not responsible for violations of Section 10
solely as a result of a third-party delivery service failing
to comply with Section 10.

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Section 30. 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 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.
(c) 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.
(d) Nothing in this Act alters any federal law or
regulation.
(e) Nothing in this Act shall infringe or impede on any
right or remedy available under State law or rule.
Section 35. 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.

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