Bill Amendment: IL SB3331 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CONSUMER FRAUD-MANDATORY FEES
Status: 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3331 Detail]
Download: Illinois-2023-SB3331-Senate_Amendment_003.html
Bill Title: CONSUMER FRAUD-MANDATORY FEES
Status: 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3331 Detail]
Download: Illinois-2023-SB3331-Senate_Amendment_003.html
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1 | AMENDMENT TO SENATE BILL 3331 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3331, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the Junk | ||||||
6 | Fee Ban Act.
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7 | Section 5. Definitions. | ||||||
8 | "Ancillary good or service" means any additional | ||||||
9 | merchandise offered to a consumer as part of the same | ||||||
10 | transaction. | ||||||
11 | "Advertisement" means a notice in any printed material, | ||||||
12 | television, Internet, email, text message, mobile or computer | ||||||
13 | application, or any other similar physical, electronic, or | ||||||
14 | digital communication regarding the sale of a consumer good or | ||||||
15 | service. | ||||||
16 | "Bar" or "tavern" means an establishment that is devoted |
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1 | to the serving of alcoholic beverages for consumption by | ||||||
2 | guests on the premises and that derives no more than 50% of its | ||||||
3 | gross revenue from the sale of food consumed on the premises, | ||||||
4 | including, but not limited to, bars, taverns, nightclubs, | ||||||
5 | cocktail lounges, adult entertainment facilities, and | ||||||
6 | cabarets. | ||||||
7 | "Consumer goods or services" means goods and services that | ||||||
8 | are used or bought for use primarily for personal, family, or | ||||||
9 | household purposes. | ||||||
10 | "Display price" means the displayed price of a consumer | ||||||
11 | good or service provided to the consumer within the retail | ||||||
12 | mercantile establishment's physical location or Internet, | ||||||
13 | email, text message, mobile or computer application, or any | ||||||
14 | other similar physical, electronic, or digital communication. | ||||||
15 | "Delivery fees" means any fee charged to a consumer for | ||||||
16 | providing delivery of consumer goods, food, or beverages. | ||||||
17 | "Food service establishment" means a bar, tavern, or | ||||||
18 | restaurant. | ||||||
19 | "Interchange fee" means a fee that a financial | ||||||
20 | institution, payment processor, credit card payment network, | ||||||
21 | or other person or entity charges a person, retail mercantile | ||||||
22 | establishment, or food service establishment when a consumer | ||||||
23 | uses a card, note, plate, coupon book, credit, or similar | ||||||
24 | device to purchase a consumer product or service. | ||||||
25 | "Place of short-term lodging" means a hotel, motel, inn, | ||||||
26 | short-term rental, or other place of lodging that advertises |
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1 | at a price that is a nightly, hourly, or weekly rate. | ||||||
2 | "Person" means an individual, natural person, public or | ||||||
3 | private corporation, government, partnership, unincorporated | ||||||
4 | association, or other entity. "Person" does not include food | ||||||
5 | service establishment, or retail mercantile establishment. | ||||||
6 | "Pricing information" means any information relating to an | ||||||
7 | amount a consumer may pay as part of a transaction. | ||||||
8 | "Restaurant" means any business that is primarily engaged | ||||||
9 | in the sale of ready-to-eat food for immediate consumption. | ||||||
10 | For the purpose of this definition, "primarily engaged" means | ||||||
11 | having sales of ready-to-eat food for immediate consumption | ||||||
12 | comprising at least 51% of the total sales, excluding the sale | ||||||
13 | of liquor. | ||||||
14 | "Retail mercantile establishment" means a business that | ||||||
15 | provides consumer goods and services to consumers at retail | ||||||
16 | and generates occupation or use tax revenue. "Retail | ||||||
17 | mercantile establishment" does not include a food service | ||||||
18 | establishment. | ||||||
19 | "Shipping charges" means the fees or charges that | ||||||
20 | reasonably reflect the amount to be incurred to send goods to a | ||||||
21 | consumer through the mail, including private mail services. | ||||||
22 | "Total price" means the maximum total of all fees or | ||||||
23 | charges a consumer shall pay for a good or service and any | ||||||
24 | mandatory ancillary good or service. "Total price" does not | ||||||
25 | include shipping charges or taxes, gratuities, interchange | ||||||
26 | fees, discounts regulated pursuant to the Sale Price Ad Act, |
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1 | or fees collected and passed on to a quasi-governmental | ||||||
2 | entity, including any assessment fees associated with a | ||||||
3 | government created special district.
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4 | Section 10. Hidden and misleading fees. It is a violation | ||||||
5 | of this Act for a person to: | ||||||
6 | (1) offer, display, or advertise an amount a consumer | ||||||
7 | may pay for merchandise without clearly and conspicuously | ||||||
8 | disclosing the total price; | ||||||
9 | (2) fail, in any offer, display, or advertisement that | ||||||
10 | contains an amount a consumer may pay, to display the | ||||||
11 | total price more prominently than any other pricing | ||||||
12 | information; | ||||||
13 | (3) misrepresent the nature and purpose of any amount | ||||||
14 | a consumer may pay, including the ability to refund the | ||||||
15 | fees and the identity of any merchandise for which fees | ||||||
16 | are charged; | ||||||
17 | (4) fail to disclose clearly and conspicuously before | ||||||
18 | the consumer consents to pay, the nature and purpose of | ||||||
19 | any amount a consumer may pay that is excluded from the | ||||||
20 | total price, including the ability to refund the fees and | ||||||
21 | the identity of any merchandise for which fees are | ||||||
22 | charged; or | ||||||
23 | (5) offer, display, or advertise, including through | ||||||
24 | direct offerings, third-party distribution, or metasearch | ||||||
25 | referrals, a total price for a place of short-term lodging |
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1 | that does not include all required fees.
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2 | Section 15. Retail mercantile establishments; disclosure | ||||||
3 | of total price. A retail mercantile establishment is not | ||||||
4 | required to provide the total price in the display price of a | ||||||
5 | consumer good or service. A retail mercantile establishment | ||||||
6 | shall provide notice of a consumer fee or charge prior to the | ||||||
7 | purchase of the food or beverages. A retail mercantile | ||||||
8 | establishment may use any reasonable method available to | ||||||
9 | provide notice of the total price, including, but not limited | ||||||
10 | to, the following commercial channels: | ||||||
11 | (1) on a screen, monitor, or other display at the | ||||||
12 | point of sale; | ||||||
13 | (2) website, Internet, email, text message, mobile or | ||||||
14 | computer application, or any other electronic or digital | ||||||
15 | communication; | ||||||
16 | (3) in-store consumer promotions, advertisement, or | ||||||
17 | any other similar display; | ||||||
18 | (4) membership, loyalty, or reward program or any | ||||||
19 | other similar program; or | ||||||
20 | (5) any other reasonable means available to the retail | ||||||
21 | mercantile establishment.
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22 | Section 20. Food service establishments; disclosure of | ||||||
23 | total price. A food service establishment is not required to | ||||||
24 | provide the total price within the display price of food or |
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1 | beverages. A food service establishment shall provide notice | ||||||
2 | of a consumer fee or charge prior to the purchase of the food | ||||||
3 | or beverages. A food service establishment may use any | ||||||
4 | reasonable method available to provide notice of the total | ||||||
5 | price, including, but not limited to, the following commercial | ||||||
6 | channels: | ||||||
7 | (1) at the establishment's premises on a menu, on a | ||||||
8 | tabletop or countertop display, or through posted signage; | ||||||
9 | (2) on the establishment's website where food and | ||||||
10 | beverage prices are advertised; | ||||||
11 | (3) on a screen, monitor, or other interactive | ||||||
12 | display; | ||||||
13 | (4) email, text message, mobile or computer | ||||||
14 | application, or any other electronic or digital | ||||||
15 | communication; | ||||||
16 | (5) in-store consumer promotions, advertisement, or | ||||||
17 | any other similar display; | ||||||
18 | (6) membership, loyalty, or reward program or any | ||||||
19 | other similar program; or | ||||||
20 | (7) any other reasonable means available to the food | ||||||
21 | service establishment.
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22 | Section 25. Disclosure of delivery fees. | ||||||
23 | (a) For consumer goods or services sold by a food service | ||||||
24 | establishment or retail mercantile establishment that will be | ||||||
25 | delivered by a third-party delivery service, the food service |
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1 | establishment or retail mercantile establishment shall require | ||||||
2 | by contract with the third-party delivery service that the | ||||||
3 | third-party delivery service shall comply with Section 10. | ||||||
4 | (b) A food service establishment or retail mercantile | ||||||
5 | establishment is not responsible for violations of Section 10 | ||||||
6 | solely as a result of a third-party delivery service failing | ||||||
7 | to comply with Section 10.
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8 | Section 30. Limitations. | ||||||
9 | (a) Nothing in this Act shall be construed to limit, | ||||||
10 | regulate, or prohibit a retail mercantile establishment or | ||||||
11 | food establishment's ability to charge consumers fees or | ||||||
12 | similar charges associated with consumer goods, food, | ||||||
13 | beverages, or services. | ||||||
14 | (b) Nothing in this Act shall be construed to limit, | ||||||
15 | regulate, or prohibit a retail mercantile establishment's or | ||||||
16 | food establishment's ability to set prices for consumer goods | ||||||
17 | or services. | ||||||
18 | (c) The requirements of this Act do not apply to consumer | ||||||
19 | purchases made at wholesale clubs that sell consumer goods and | ||||||
20 | services through a membership model. | ||||||
21 | (d) Nothing in this Act alters any federal law or | ||||||
22 | regulation. | ||||||
23 | (e) Nothing in this Act shall infringe or impede on any | ||||||
24 | right or remedy available under State law or rule.
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1 | Section 35. Enforcement under the Consumer Fraud and | ||||||
2 | Deceptive Business Practices Act. The Attorney General may | ||||||
3 | enforce violations of this Act as an unlawful practice under | ||||||
4 | the Consumer Fraud and Deceptive Business Practices Act. All | ||||||
5 | remedies, penalties, and authority granted to the Attorney | ||||||
6 | General by that Act shall be available to the Attorney General | ||||||
7 | for the enforcement of this Act.
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