104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1931

 

Introduced 2/6/2025, by Sen. Suzy Glowiak Hilton

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/2HHHH new

    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.


LRB104 10201 SPS 20275 b

 

 

A BILL FOR

 

SB1931LRB104 10201 SPS 20275 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 2HHHH as follows:
 
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
10may be used by the holder to facilitate a transaction and is
11issued, with or without a fee, to the holder and requires the
12holder to pay the full outstanding balance due on the card,
13device, or instrument at the end of each standard billing
14cycle established by the issuer of the card, device, or
15instrument. "Charge card" includes, but is not limited to, any
16software application that is used to store a digital form of
17the card, device, or instrument.
18    "Credit card" means any card, device, or instrument that
19may be used by the holder to facilitate a transaction that is
20issued, with or without a fee, to a holder. "Credit card"
21includes, but is not limited to, any software application that
22is used to store a digital form of the card, device, or
23instrument.

 

 

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1    "Credit card or charge card surcharge" means any
2additional charge or fee that increases the total amount of a
3transaction for the privilege of using a charge card or credit
4card for payment.
5    "Debit card" means any card, code, device, or other means
6of access that may be used by the holder to facilitate a
7transaction and is authorized or issued for use to debit an
8asset account held, directly or indirectly, by a financial
9institution. "Debit card" includes, but is not limited to, any
10software application that is used to store a digital form of
11the card, code, device, or other means of access. "Debit card"
12does not include a check, draft, or similar paper instrument
13or any electronic representation of the check, draft, or
14similar paper instrument.
15    "Transaction" means the distribution by one person to
16another person in this State of any service or the lease,
17rental, or sale by one person to another person in this State
18of any tangible or intangible personal, real, or mixed
19property or any other article, commodity, or thing of value.
20    (b) It is an unlawful practice within the meaning of this
21Act for a person to impose a credit card or charge card
22surcharge on any transaction unless that person also accepts
23cash as a form of payment for all transactions under $1,000.
24    (c) Nothing in this Section prohibits a person from
25offering a discount on a transaction to induce payment by
26cash, check, debit card, or similar means, rather than payment

 

 

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1by charge card or credit card.