102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2311
 
Introduced 2/26/2021, by Sen. Sara Feigenholtz
 
SYNOPSIS AS INTRODUCED:
 

 
815 ILCS 505/2WWW new

     Amends the Consumer Fraud and Deceptive Business Practices Act. Provides for the regulation of payments for software applications and purchases. Prohibits a proprietor of a digital application distribution platform from requiring a developer to use an in-application payment system as the exclusive mode of accepting payment from a user to download a software application or purchase a digital or physical product. Prohibits retaliation against a developer that chooses alternative application stores or payment systems. Defines terms.
  


LRB102 16371 JLS 21758 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
SB2311LRB102 16371 JLS 21758 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 2WWW as follows:
 
6    (815 ILCS 505/2WWW new)
7    Sec. 2WWW. Software applications; in-application payment; 
8prohibitions.
9    (a) As used in this Section:
10    "Developer" means a creator of a software application made 
11available for download by a user through a digital application 
12distribution platform or other digital distribution platform.
13    "Digital application distribution platform" means a 
14digital distribution platform for applications and services 
15provided to a user on general-purpose hardware, including a 
16mobile phone, smartphone, tablet, personal computer, and other 
17general-purpose devices connected to the Internet.
18    "In-application payment system" means an application, 
19service, or user interface used to process a payment from a 
20user to a developer for a software application and digital and 
21physical product distributed through a software application. 
22    "Special-purpose digital application distribution 
23platform" means a digital distribution platform for single or 
 
 
SB2311- 2 -LRB102 16371 JLS 21758 b

1specialized categories of applications, software, and services 
2provided to a user on special-purpose hardware, including a 
3gaming console, music player, and other special-purpose 
4devices connected to the Internet.
5    (b) A proprietor of a digital application distribution 
6platform for which cumulative gross receipts from sales on the 
7digital application distribution platform to residents of this 
8State exceed $10,000,000 in the previous or current calendar 
9year may not: 
10        (1) Require a developer to use an in-application 
11    payment system as the exclusive mode of accepting payment 
12    from a user to download a software application or purchase 
13    a digital or physical product through a software 
14    application.
15        (2) Retaliate against a developer for choosing to use 
16    an alternative application store or in-application payment 
17    system. 
18    (c) An agreement that violates this Section is 
19unenforceable and constitutes an unlawful practice within the 
20meaning of this Act.
21    (d) This Section does not apply to a proprietor of a 
22special-purpose digital application distribution platform.
23    (e) The Attorney General shall receive complaints and 
24investigate violations of this Section and may bring an action 
25as provided in this Act to obtain the legal or equitable relief 
26on behalf of an individual aggrieved by the violation.