Full Text of HB2910 102nd General Assembly
HB2910ham001 102ND GENERAL ASSEMBLY | Rep. Natalie A. Manley Filed: 2/1/2022
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| 1 | | AMENDMENT TO HOUSE BILL 2910
| 2 | | AMENDMENT NO. ______. Amend House Bill 2910 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Consumer Fraud and Deceptive Business | 5 | | Practices Act is amended by adding Section 2AAAA as follows: | 6 | | (815 ILCS 505/2AAAA new) | 7 | | Sec. 2AAAA. Disclosure of discounted price; grocery | 8 | | stores; supermarkets. | 9 | | (a) As used in this Section: | 10 | | "Discount" includes, but is not limited to, any coupon or | 11 | | promotion in an electronic, digital, paper, or any other | 12 | | format that offers a price reduction or credit for any goods to | 13 | | a consumer, either directly or indirectly, through redemption | 14 | | by a retailer. | 15 | | "Person" means an individual, natural person, public or | 16 | | private corporation, government, partnership, unincorporated |
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| 1 | | association, or other entity. | 2 | | "Retail mercantile establishment" means a retailer where | 3 | | 55% or more of its gross sales include nonprescription | 4 | | medicines and any cooked or uncooked article of food, | 5 | | beverage, alcohol, confection, or condiment, used for or | 6 | | intended to be used for human consumption off premises. | 7 | | "Self-service checkout" means an interactive electronic | 8 | | terminal that facilitates an action or displays a piece of | 9 | | information and allows a consumer to pay for goods and | 10 | | services. | 11 | | (b) If a discount is offered for an item, the retail | 12 | | mercantile establishment shall provide (i) the original price | 13 | | and the discounted price; (ii) the original price and a credit | 14 | | or reduction of the advertised savings; (iii) the amount saved | 15 | | or the amount reduced as a percentage; or (iv) any other format | 16 | | for showing the advertised savings of the discount to the | 17 | | consumer. The retail mercantile establishment may use any | 18 | | reasonable method available to provide notice of the | 19 | | advertised savings of the discount, including, but not limited | 20 | | to, the following commercial channels: | 21 | | (1) by screen or other display at the point of sale; | 22 | | (2) by paper or electronic receipt; | 23 | | (3) by email, text message, mobile or computer | 24 | | application, or any other electronic or digital | 25 | | communication; | 26 | | (4) by in-store consumer promotions, advertisement, or |
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| 1 | | any other similar display; | 2 | | (5) by membership, loyalty, or reward program or any | 3 | | other similar program; or | 4 | | (6) by any other reasonable means available to the | 5 | | retail mercantile establishment. | 6 | | Nothing in this Section shall prohibit a retail mercantile | 7 | | establishment from providing notice of discounts to consumers | 8 | | through more than one commercial channel or require the retail | 9 | | mercantile establishment to provide notice of discounts to | 10 | | consumers through more than one commercial channel. | 11 | | (c) In order to be in compliance with this Section, a | 12 | | retail mercantile establishment may request information from | 13 | | the consumer that will facilitate the required notice of the | 14 | | discount to the consumer. A retail mercantile establishment | 15 | | subject to this Section that accepts information provided by | 16 | | the consumer shall be deemed in compliance with any law | 17 | | regulating the collection of personal or biometric | 18 | | information. | 19 | | (d) If a consumer refuses to provide information to the | 20 | | retail mercantile establishment in order for the retail | 21 | | mercantile establishment to comply with this Section, the | 22 | | retail mercantile establishment shall not be liable under this | 23 | | Section. | 24 | | (e) Consumer discounts are expressly allowed under 27 CFR | 25 | | 6.96. Notwithstanding 27 CFR 6.96, nothing in this Section, | 26 | | other laws, or rules shall be construed to regulate, limit, or |
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| 1 | | prohibit the terms of a consumer discount or the ability of a | 2 | | retail mercantile establishment from offering consumer | 3 | | discounts for any retail product. | 4 | | (f) The final purchase price that includes discounted | 5 | | items offered by a retail mercantile establishment must be | 6 | | excluded from the amount upon which any fee is charged the | 7 | | retail mercantile establishment by any person when a consumer | 8 | | uses a card, note, plate, coupon book, credit, or any other | 9 | | similar device to purchase the discounted item or items. | 10 | | (g) The requirements in subsection (b) do not apply to | 11 | | self-service checkout. Nothing in this Section, other laws, or | 12 | | rules shall be construed to limit, regulate, or prohibit the | 13 | | use of a self-service checkout by a retail mercantile | 14 | | establishment or the products or services purchased at a | 15 | | self-service checkout located on or within the premises of a | 16 | | retail mercantile establishment. | 17 | | (h) The requirements in subsection (b) do not apply to | 18 | | consumer purchases made at a wholesale clubs that sell | 19 | | consumer goods and services through a membership model. | 20 | | (i) The Attorney General shall provide notice of a | 21 | | violation of subsection (b) to a retail mercantile | 22 | | establishment. The retail mercantile establishment shall have | 23 | | 90 days after the date of the Attorney General's notice of | 24 | | violation of subsection (b) to remedy the violation by | 25 | | providing the correct notice pursuant to the alternatives in | 26 | | subsection (b). Upon a subsequent identical violation within |
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| 1 | | one year after the 90-day remediation period, the retail | 2 | | mercantile establishment shall be liable for a $250 fine for | 3 | | each identical violation. A retail mercantile establishment | 4 | | shall not be fined in excess of $2,500 per year for violations | 5 | | under this Section. | 6 | | (j) A violation of subsection (f) constitutes an unlawful | 7 | | practice within the meaning of this Act. | 8 | | (k) The regulation of the notice of consumer discounts, | 9 | | the regulation of consumer discounts, and the regulation of | 10 | | self-service checkouts are exclusive powers of this State. ".
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