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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1931 Introduced 2/6/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED:
| | | Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for a person to impose a credit card or charge card surcharge on any transaction unless that person also accepts cash as a form of payment for all transactions under $1,000. Provides that nothing prohibits a person from offering a discount on a transaction to induce payment by cash, check, debit card, or similar means, rather than payment by charge card or credit card. Defines terms. |
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| | A BILL FOR |
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| | SB1931 | | LRB104 10201 SPS 20275 b |
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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 2HHHH as follows:
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| 6 | | (815 ILCS 505/2HHHH new) |
| 7 | | Sec. 2HHHH. Surcharges; charge cards and credit cards. |
| 8 | | (a) As used in this Section: |
| 9 | | "Charge card" means any card, device, or instrument that |
| 10 | | may be used by the holder to facilitate a transaction and is |
| 11 | | issued, with or without a fee, to the holder and requires the |
| 12 | | holder to pay the full outstanding balance due on the card, |
| 13 | | device, or instrument at the end of each standard billing |
| 14 | | cycle established by the issuer of the card, device, or |
| 15 | | instrument. "Charge card" includes, but is not limited to, any |
| 16 | | software application that is used to store a digital form of |
| 17 | | the card, device, or instrument. |
| 18 | | "Credit card" means any card, device, or instrument that |
| 19 | | may be used by the holder to facilitate a transaction that is |
| 20 | | issued, with or without a fee, to a holder. "Credit card" |
| 21 | | includes, but is not limited to, any software application that |
| 22 | | is used to store a digital form of the card, device, or |
| 23 | | instrument. |
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| 1 | | "Credit card or charge card surcharge" means any |
| 2 | | additional charge or fee that increases the total amount of a |
| 3 | | transaction for the privilege of using a charge card or credit |
| 4 | | card for payment. |
| 5 | | "Debit card" means any card, code, device, or other means |
| 6 | | of access that may be used by the holder to facilitate a |
| 7 | | transaction and is authorized or issued for use to debit an |
| 8 | | asset account held, directly or indirectly, by a financial |
| 9 | | institution. "Debit card" includes, but is not limited to, any |
| 10 | | software application that is used to store a digital form of |
| 11 | | the card, code, device, or other means of access. "Debit card" |
| 12 | | does not include a check, draft, or similar paper instrument |
| 13 | | or any electronic representation of the check, draft, or |
| 14 | | similar paper instrument. |
| 15 | | "Transaction" means the distribution by one person to |
| 16 | | another person in this State of any service or the lease, |
| 17 | | rental, or sale by one person to another person in this State |
| 18 | | of any tangible or intangible personal, real, or mixed |
| 19 | | property or any other article, commodity, or thing of value. |
| 20 | | (b) It is an unlawful practice within the meaning of this |
| 21 | | Act for a person to impose a credit card or charge card |
| 22 | | surcharge on any transaction unless that person also accepts |
| 23 | | cash as a form of payment for all transactions under $1,000. |
| 24 | | (c) Nothing in this Section prohibits a person from |
| 25 | | offering a discount on a transaction to induce payment by |
| 26 | | cash, check, debit card, or similar means, rather than payment |
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| 1 | | by charge card or credit card. |
