102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3128
 
Introduced 2/19/2021, by Rep. Jonathan Carroll
 
SYNOPSIS AS INTRODUCED:
 

 
815 ILCS 505/2WWW new

     Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a seller must give notice to consumers when the seller imposes a surcharge on credit card transactions. Limits the surcharge to 1% of the transaction cost or the cost of the processing the credit card transaction, whichever is less. Prohibits surcharges in connection with debit card transactions. Applies to in person, online, and telephone transactions.
  


LRB102 12732 JLS 18071 b

 
 
A BILL FOR
 

  
HB3128LRB102 12732 JLS 18071 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 2WWW as follows:
 
6    (815 ILCS 505/2WWW new)
7    Sec. 2WWW. Credit card surcharge; notice requirements.
8    (a) No person, firm, partnership, association, or 
9corporation engaged in a sales transaction may impose a 
10surcharge or fee for use of a credit card as payment for the 
11sale of goods or services unless such seller complies with the 
12requirements of this Section.
13    (b) Displayed prices, including, but not limited to, 
14advertisements, shall display the total price charged to 
15consumers using a credit card or, if the seller elects, 
16display 2 prices, one of which is the price charged to 
17consumers using a credit card and the other is the price 
18charged to consumers using an accepted form of payment other 
19than a credit card.
20    (c) A notice shall be posted that explains the imposition 
21of the surcharge or fee, the amount of the surcharge or fee and 
22which credit cards are subject to the surcharge or fee. The 
23notice shall be legible and posted at the point of entry and 
 
 
HB3128- 2 -LRB102 12732 JLS 18071 b

1the point of sale. If the sale of goods or services is 
2processed through a website, the seller must post the notice 
3on the home page and the point of sale webpage. If the sale of 
4goods or services is processed over the phone, the notice 
5including all required information shall be orally disclosed 
6to the customer. The notice required by this Section shall be 
7prominently and conspicuously posted at the required locations 
8in at least 16-point type.
9    (d) No surcharge or fee may exceed 1% of the total 
10transaction or the actual amount to be charged to the seller to 
11process the credit card transaction, whichever is less.
12    (e) No seller shall impose a surcharge or fee for the use 
13of a debit card.
14    (f) A violation of this Section is an unlawful practice 
15within the meaning of this Act.