SB2255sam001 104TH GENERAL ASSEMBLY

Sen. Robert Peters

Filed: 2/24/2026

10400SB2255sam001 LRB104 08574 SPS 34745 a

AMENDMENT TO SENATE BILL 2255

AMENDMENT NO. ______. Amend Senate Bill 2255 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Protection from Surveillance Pricing Act.

Section 5. Definitions. As used in this Act:

"De-identified data" means data that does not identify and cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual, or a device linked to the individual, if the controller that possesses the data:

(1) takes reasonable physical, administrative, and technical measures to ensure that the data cannot be associated with an individual or be used to re-identify any individual or device that identifies or is linked or reasonably linkable to an individual;

(2) publicly commits to process the data only in a de-identified fashion and not attempt to re-identify the data; and

(3) contractually obligates any recipients of the data to satisfy the requirements set forth in paragraphs (1) and (2).

"Electronic shelf label" means a digital or electronic display device that presents product and pricing information to a consumer. "Electronic shelf label" includes a QR code that directs a consumer to product and pricing information.

"Grocery store" means a retail establishment that primarily sells grocery products, including fresh produce.

"Person" means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.

"Personal data" means any information, including unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data.

"Surveillance pricing" means offering or setting a customized price for goods or services for a specific consumer or group of consumers based, in whole or in part, on personal data. "Surveillance pricing" includes, but is not limited to, the use of technological methods, systems, or tools, such as sensors, cameras, device tracking, or other forms of observation or data collection, that are capable of gathering personal information about a consumer's behavior, characteristics, location, or other personal attributes. "Surveillance pricing" also includes offering random variations in prices to different customers using a website, mobile application, or comparable online technology.

Section 10. Ban on surveillance pricing.

(a) Except as provided in subsection (b), a person shall not engage in surveillance pricing.

(b) A person does not engage in surveillance pricing if the person can demonstrate that:

(1) The difference in pricing is based solely on different costs associated with providing the goods or services to different consumers.

(2) The difference in pricing is based on publicly disclosed eligibility criteria that any consumer could potentially meet, including, but not limited to, signing up for a mailing list, registering for promotional communications, or participating in a promotional event and all differences in pricing and the terms and criteria for receiving the differences in pricing are conveyed clearly and conspicuously and are disclosed in clear and prominent terms on the company's website in a manner that an ordinary consumer would understand.

(3) The difference in pricing is offered or provided to a commonly understood social grouping, such as teachers, veterans, senior citizens, or students, if:

(A) all the differences in pricing and the terms and criteria for receiving the differences in pricing are publicly available, are conveyed clearly and conspicuously on the company's website, and are disclosed in a manner that an ordinary consumer would understand; and

(B) any consumer can obtain the difference in price if the consumer can demonstrate that the consumer is part of the group.

(4) The difference in pricing is offered as part of a loyalty, membership, or rewards program if:

(A) the price difference is available to any consumer in the loyalty, membership, or rewards program who meets the terms, eligibility criteria, or conditions and prices are not individualized for consumers as part of the program;

(B) current discounts, promotions, rewards, or any other benefits provided to loyalty program members are disclosed clearly and conspicuously on equal terms on the company's website in a manner that an ordinary consumer would understand; and

(C) any loyalty, membership, or rewards program that allows a user to accrue and exchange points, credits, or any similar nonmonetary system of value for a product or service does not charge a different price for those points, credits, or similar nonmonetary system of value to different consumers for the same or substantially similar product or service.

(5) The person operates as an insurer licensed or regulated or legally authorized to do business in this State or any excess lines insurer, including any persons acting on behalf of the insurer.

(6) The person can demonstrate that a refusal to extend credit at specific terms or the refusal to enter into a transaction with a specific consumer is based on data provided in a consumer report covered by the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.

Section 15. Ban on electronic shelf labels. An operator of a grocery store larger than 10,000 square feet shall not:

(1) use an electronic shelf label or any digital price display technology in a grocery store; or

(2) use a digital representation of the price of each item for sale at a grocery store.

Section 20. Violations.

(a) In addition to any other remedy, a person who violates this Act shall be liable in an action under the Uniform Deceptive Trade Practices Act.

(b) Any person aggrieved by a violation of this Act shall have a right of action in circuit court or as a supplemental claim in federal district court against an offending party.

(c) A prevailing party shall recover for each violation:

(1) liquidated damages of $5,000 or actual damages, whichever is greater;

(2) reasonable attorney's fees and costs, including expert witness fees and other litigation expenses; and

(3) any other relief, including injunctive relief, as the court deems appropriate.

(d) The Attorney General may bring a civil action against a covered entity for a violation of this Act.

(e) The rights, remedies, and penalties established by this Act are cumulative and shall not be construed to supersede the rights, remedies, or penalties established under other laws, including, but not limited to, the Consumer Fraud and Deceptive Business Practices Act and the Biometric Information and Privacy Act.

Section 25. Waiver void and unenforceable. Any waiver of the provisions of this Act is void and unenforceable as contrary to public policy.

Section 30. Home rule. A home rule unit may not regulate surveillance pricing in a manner inconsistent with the regulation by the State of surveillance pricing under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.".