SB3485 103RD GENERAL ASSEMBLY

LRB103 38368 SPS 68503 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3485

Introduced 2/9/2024, by Sen. Steve Stadelman

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2EEEE new

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a covered entity shall clearly and conspicuously display, in every advertisement and when a price is first shown to a consumer, the total price of the goods or services provided by the covered entity, including any mandatory fees a consumer would incur during the monetary transaction. Provides that a covered entity shall clearly and conspicuously disclose any guarantee or refund policy prior to the completion of any monetary transaction with a consumer. Provides that if a refund is given to a consumer, provide a refund in the amount of the total cost of the goods or services, including any mandatory fees. Provides that a violation of the provision is an unlawful practice within the meaning of the Act.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2EEEE as follows:

(815 ILCS 505/2EEEE new)

Sec. 2EEEE. Disclosure of mandatory fees.

(a) As used in this Section:

"Covered entity" means:

(1) a provider of a ticketing service that sells tickets for an event or retains the authority to otherwise distribute tickets for the event, whether as a primary seller of tickets or in a secondary marketplace for ticket sales;

(2) a provider of short-term lodging or an entity that advertises rates for the purchase of short-term lodging;

(3) a provider of food delivery services;

(4) a provider of apartment rentals; and

(5) a provider of car rental services.

"Mandatory fee" means any fee or surcharge that a consumer is required to pay in order to purchase the good or service being advertised, including, but not limited to, service fees, charge and order processing fees, delivery fees, and other charges, but excluding taxes.

"Short-term lodging" means any lodging that is offered for an occupancy of less than 6 months.

(b) A covered entity shall clearly and conspicuously display, in every advertisement and when a price is first shown to a consumer, the total price of the goods or services provided by the covered entity, including any mandatory fees a consumer would incur during the monetary transaction.

(c) A covered entity shall clearly and conspicuously disclose any guarantee or refund policy prior to the completion of any monetary transaction with a consumer. If a refund is given to a consumer, provide a refund in the amount of the total cost of the goods or services including any mandatory fees.

(d) A violation of this Section is an unlawful practice within the meaning of this Act.