Illinois General Assembly - Full Text of SB2311
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Full Text of SB2311  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Sara Feigenholtz


815 ILCS 505/2WWW new

    Amends the Consumer Fraud and Deceptive Business Practices Act. Provides for the regulation of payments for software applications and purchases. Prohibits a proprietor of a digital application distribution platform from requiring a developer to use an in-application payment system as the exclusive mode of accepting payment from a user to download a software application or purchase a digital or physical product. Prohibits retaliation against a developer that chooses alternative application stores or payment systems. Defines terms.

LRB102 16371 JLS 21758 b






SB2311LRB102 16371 JLS 21758 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. Software applications; in-application payment;
9    (a) As used in this Section:
10    "Developer" means a creator of a software application made
11available for download by a user through a digital application
12distribution platform or other digital distribution platform.
13    "Digital application distribution platform" means a
14digital distribution platform for applications and services
15provided to a user on general-purpose hardware, including a
16mobile phone, smartphone, tablet, personal computer, and other
17general-purpose devices connected to the Internet.
18    "In-application payment system" means an application,
19service, or user interface used to process a payment from a
20user to a developer for a software application and digital and
21physical product distributed through a software application.
22    "Special-purpose digital application distribution
23platform" means a digital distribution platform for single or



SB2311- 2 -LRB102 16371 JLS 21758 b

1specialized categories of applications, software, and services
2provided to a user on special-purpose hardware, including a
3gaming console, music player, and other special-purpose
4devices connected to the Internet.
5    (b) A proprietor of a digital application distribution
6platform for which cumulative gross receipts from sales on the
7digital application distribution platform to residents of this
8State exceed $10,000,000 in the previous or current calendar
9year may not:
10        (1) Require a developer to use an in-application
11    payment system as the exclusive mode of accepting payment
12    from a user to download a software application or purchase
13    a digital or physical product through a software
14    application.
15        (2) Retaliate against a developer for choosing to use
16    an alternative application store or in-application payment
17    system.
18    (c) An agreement that violates this Section is
19unenforceable and constitutes an unlawful practice within the
20meaning of this Act.
21    (d) This Section does not apply to a proprietor of a
22special-purpose digital application distribution platform.
23    (e) The Attorney General shall receive complaints and
24investigate violations of this Section and may bring an action
25as provided in this Act to obtain the legal or equitable relief
26on behalf of an individual aggrieved by the violation.