HB5530 104TH GENERAL ASSEMBLY

LRB104 18076 SPS 31515 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5530

Introduced 2/13/2026, by Rep. Eva-Dina Delgado

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 505/2MMMM new

Creates the Fair Online Pricing Act. Provides that a price offered to a consumer through the consumer's online device shall not be generated in whole, or in part, based on the following input data: (1) the hardware or hardware state of the online device; (2) the presence or absence of any software on the online device; and (3) geolocation data of the online device. Sets forth exemptions. Provides that a violation of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make conforming changes.

A BILL FOR

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 Fair Online Pricing Act.

Section 5. Definitions. In this Act:

"Coupon" means any method by which a consumer receives a discount on the purchase of any item that is funded, produced, sponsored, promoted, or furnished, either directly or indirectly, by a business, including, but not limited to, a paper coupon, a digital coupon, or an instant redeemable coupon.

"Discount" means any reduction from the regular or advertised price offered to consumers on a temporary or conditional basis.

"Hardware state" means a condition or mode of existence of a system, component, or simulation, including, but not limited to, battery life, number of wireless connections detected, and age of the device, data that is erased when an online device is restarted or powered down, and data that is retained when an online device is restarted or powered down.

"Online device" means a physical object that has built-in resources that allow it to communicate through the Internet or a short-range wireless technology and react to interface conditions, including, but not limited to, a laptop computer, a desktop computer, a tablet, a smartphone, or other smart hardware.

Section 10. Device-based pricing.

(a) A price offered to a consumer through the consumer's online device shall not be generated in whole, or in part, based on the following input data:

(1) the hardware or hardware state of the online device;

(2) the presence or absence of any software on the online device; and

(3) geolocation data of the online device.

(b) Notwithstanding paragraph (1) of subsection (a), the hardware or hardware state of an online device may be used to generate a price for the following reasons:

(1) repair or maintenance of the online device; and

(2) calculating a trade-in value of the online device.

(c) Notwithstanding paragraph (3) of subsection (a), the geolocation data of an online device may be used, and the consumer's location may be accounted for, to generate a price for the following reasons:

(1) to determine pricing based on the real-time demand for the product or service in the consumer's vicinity, if the product or service is provided immediately upon request; and

(2) to provide accurate pricing information based on price variances at different physical locations, due to legitimate cost or demand differentials or State or local government taxes, duties, or other fees.

(d) This Act does not apply to any coupon that is separate from the price, any discount, or any other bona fide rebates, sales, or promotions that reduce the price of goods or services, that are available to the general public on the same terms, and do not incorporate input data as specified in subsection (a).

(e) The use of cellular broadcast technology is not considered a use geolocation data for the purposes of this Act.

Section 15. Enforcement by Attorney General. A violation of any of the provisions of this Act is 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.

Section 20. Other duties required by law. The duties and obligations imposed by this Act are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law.

Section 90. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2MMMM as follows:

(815 ILCS 505/2MMMM new)

Sec. 2MMMM. Violations of the Fair Online Pricing Act. A person who violates the Fair Online Pricing Act commits an unlawful practice within the meaning of this Act.