SB3331 103RD GENERAL ASSEMBLY

LRB103 38879 SPS 69016 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3331

Introduced 2/7/2024, by Sen. Omar Aquino

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2EEEE new

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unfair or deceptive act or practice within the meaning of the Act for a person to: (1) advertise, display, or offer a price for goods or services that does not include all mandatory fees or charges other than taxes imposed by a government entity; or (2) engage in any fraudulent or deceptive conduct that creates a likelihood of confusion or of misunderstanding concerning the complete price of goods or services offered, displayed, or advertised. Provides that a person does not violate the provision if the total price of the goods or services being offered, displayed, or advertised, including any mandatory fees a consumer would incur during the transaction, is clearly and conspicuously disclosed in each advertisement or display and whenever a price is first shown to a consumer. Effective immediately.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2EEEE as follows:

(815 ILCS 505/2EEEE new)

Sec. 2EEEE. Disclosure of mandatory fees.

(a) As used in this Section, "mandatory fee" means a fee required for purchasing the goods or services advertised, displayed, or offered.

(b) It is an unfair or deceptive act or practice within the meaning of this Act for a person to:

(1) advertise, display, or offer a price for goods or services that does not include all mandatory fees or charges other than taxes imposed by a government entity; or

(2) engage in any fraudulent or deceptive conduct that creates a likelihood of confusion or of misunderstanding concerning the complete price of goods or services offered, displayed, or advertised.

(c) A person does not violate this Section if the total price of the goods or services being offered, displayed, or advertised, including any mandatory fees a consumer would incur during the transaction, is clearly and conspicuously disclosed in each advertisement or display and whenever a price is first shown to a consumer.

Section 99. Effective date. This Act takes effect upon becoming law.