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| Public Act 104-0476 | ||||
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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 5. The Sale Price Ad Act is amended by changing | ||||
Sections 1 and 4 and by adding Section 3.7 as follows: | ||||
(815 ILCS 408/1) (was 720 ILCS 350/1) | ||||
Sec. 1. As used in this Act: | ||||
"Seller" means any person or legal entity that is in the | ||||
business of selling consumer goods to the public. | ||||
"Consumer goods" means any machine, appliance, clothing, | ||||
or like product bought for personal, family or household | ||||
purposes. | ||||
"Advertise" or "Advertising" means a notice in a | ||||
newspaper, magazine, pamphlet or flyer; an announcement on | ||||
television, cable television, or radio; and any other method | ||||
of communicating to the public. | ||||
"Digital promotion" means any discount advertised, | ||||
offered, delivered, or redeemed by electronic means, | ||||
including, but not limited to, a mobile application, website, | ||||
email, or another similar method. | ||||
"Discount" includes, but is not limited to, any coupon or | ||||
promotion in an electronic, digital, paper, or any other | ||||
format that offers a price reduction or credit for any goods to | ||||
a consumer, either directly or indirectly, through redemption | ||
by a retailer. | ||
"Person" means an individual, natural person, public or | ||
private corporation, government, partnership, unincorporated | ||
association, or other entity. | ||
"Retail mercantile establishment" means a retailer where | ||
55% or more of its gross sales include nonprescription | ||
medicines and any cooked or uncooked article of food, | ||
beverage, alcohol, confection, or condiment used for or | ||
intended to be used for human consumption off premises. | ||
"Self-service checkout" means an interactive electronic | ||
terminal that facilitates an action or displays a piece of | ||
information and allows a consumer to pay for goods and | ||
services. | ||
(Source: P.A. 102-722, eff. 5-6-22.) | ||
(815 ILCS 408/3.7 new) | ||
Sec. 3.7. Digital promotions; consumer access. | ||
(a) A retail mercantile establishment that owns and | ||
operates a mobile or computer application through which the | ||
retail mercantile establishment advertises, offers, delivers, | ||
or redeems digital promotions available in the retail | ||
mercantile establishment shall ensure that the benefits of a | ||
digital promotion are provided to any eligible consumer who | ||
meets the stated terms and conditions of the digital | ||
promotion. A retail mercantile establishment may establish any | ||
redemption mechanism that allows an eligible consumer a | ||
practical means of receiving the digital promotion in the | ||
ordinary course of a transaction, including, but not limited | ||
to, automatic discounts, point-of-sale assisted discounts, the | ||
use of barcodes, quick response codes, or other unique | ||
identifiers, or post-purchase methods, including the | ||
submission of a receipt or proof of purchase or any other | ||
reasonable means. | ||
(b) Nothing in this Section shall be construed to restrict | ||
a retail mercantile establishment's discretion to determine | ||
the format, technology, or process by which a digital | ||
promotion is redeemed or applied to a qualifying transaction | ||
if any eligible consumer receives the equal value of the | ||
digital promotion as advertised when the consumer satisfies | ||
the stated terms and conditions of the digital promotion. | ||
(c) Nothing in this Section shall be construed to require | ||
a retail mercantile establishment to: | ||
(1) offer or provide the benefits of any digital | ||
promotion, discount, or other incentive to consumers who | ||
are not enrolled in a loyalty, membership, rewards, or | ||
similar program when enrollment, application, or any | ||
comparable action in the program is required to receive | ||
the benefits; or | ||
(2) make available targeted or personalized offers | ||
that are based on a consumer's status in a loyalty, | ||
membership, rewards, or similar program. | ||
(d) Nothing in this Section shall be construed to apply to | ||
a digital promotion in connection with online, delivery, | ||
pickup, or other remote transactions or sales channel. | ||
(e) Except as otherwise provided under this Act or any | ||
other federal or State law, no person may: | ||
(1) enforce any requirement, condition, penalty, or | ||
fine, contractually or otherwise, upon a retail mercantile | ||
establishment that relates to the offer or display of | ||
prices, discounts, digital promotions, or services for | ||
sale by the retail mercantile establishment; or | ||
(2) otherwise restrict or regulate a retail mercantile | ||
establishment's ability to provide discounts, digital | ||
promotions, or incentives to consumers in connection with | ||
the purchase of consumer goods. | ||
(815 ILCS 408/4) (was 720 ILCS 350/4) | ||
Sec. 4. (a) Violation of this Act is a business offense | ||
with a fine not to exceed $25. A person or retail mercantile | ||
establishment shall not be fined in excess of $500 per year for | ||
violations under this Act. A person may bring an action for | ||
injunctive relief to obtain compliance with this Act. A | ||
prevailing party may recover reasonable attorney's fees and | ||
costs in an action brought under this Section. | ||
(b) No fine shall be imposed on a person or a retail | ||
mercantile establishment for a violation of this Act unless | ||
the person or retail mercantile establishment is provided | ||
written notice of the alleged violation and afforded 15 days | ||
after receipt of the notice to cure the violation. If the | ||
retail mercantile establishment cures the violation within the | ||
15-day period, no fine shall be assessed for that violation. | ||
(Source: P.A. 102-722, eff. 5-6-22.) | ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||