State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Jonathan Carroll


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





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.