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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2657 Introduced 2/8/2018, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED: |
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Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for a person to violate a merchant agreement between a merchant and a credit card service provider. Provides that imposing a surcharge to a debit or credit card or prepaid card purchase if those charges are prohibited by the merchant agreement constitutes a violation.
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| | A BILL FOR |
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| | SB2657 | | LRB100 16976 JLS 32123 b |
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1 | | AN ACT concerning business.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Consumer Fraud and Deceptive Business |
5 | | Practices Act is amended by adding Section 2VVV as follows: |
6 | | (815 ILCS 505/2VVV new) |
7 | | Sec. 2VVV. Violation of certain merchant agreements. |
8 | | (a) As used in this Section: |
9 | | "Merchant" means a person who deals in goods of the kind or |
10 | | otherwise by his occupation and holds himself out as having |
11 | | knowledge or skill peculiar to the practices or goods involved |
12 | | in the transaction or to whom such knowledge or skill may be |
13 | | attributed by his employment of an agent or broker or other |
14 | | intermediary who by his occupation holds himself out as having |
15 | | such knowledge. |
16 | | "Merchant agreement" means a contract between a merchant |
17 | | and a credit card service provider that establishes the rules |
18 | | and responsibilities that apply to each party regarding payment |
19 | | card acceptance, authorization, processing, and settlement. |
20 | | (b) It is an unlawful practice within the meaning of this |
21 | | Act for any person to violate a merchant agreement between a |
22 | | merchant and a credit card service provider. Violations may |
23 | | include, but are not limited to, applying a surcharge to a |