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| | HB4629 Engrossed | | LRB103 36169 SPS 66261 b |
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| 1 | | AN ACT concerning business.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the Junk |
| 5 | | Fee Ban Act.
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| 6 | | Section 5. Definitions. |
| 7 | | "Ancillary good or service" means any additional |
| 8 | | merchandise offered to a consumer as part of the same |
| 9 | | transaction. |
| 10 | | "Advertisement" means a notice in any printed material, |
| 11 | | television, Internet, email, text message, mobile or computer |
| 12 | | application, or any other similar physical, electronic, or |
| 13 | | digital communication regarding the sale of a consumer good or |
| 14 | | service. |
| 15 | | "Bar" or "tavern" means an establishment that is devoted |
| 16 | | to the serving of alcoholic beverages for consumption by |
| 17 | | guests on the premises and that derives no more than 50% of its |
| 18 | | gross revenue from the sale of food consumed on the premises, |
| 19 | | including, but not limited to, bars, taverns, nightclubs, |
| 20 | | cocktail lounges, adult entertainment facilities, and |
| 21 | | cabarets. |
| 22 | | "Consumer goods or services" means goods and services that |
| 23 | | are used or bought for use primarily for personal, family, or |
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| 1 | | household purposes. |
| 2 | | "Display price" means the displayed price of a consumer |
| 3 | | good or service provided to the consumer within the retail |
| 4 | | mercantile establishment's physical location or Internet, |
| 5 | | email, text message, mobile or computer application, or any |
| 6 | | other similar physical, electronic, or digital communication. |
| 7 | | "Delivery fees" means any fee charged to a consumer for |
| 8 | | providing delivery of consumer goods, food, or beverages. |
| 9 | | "Food service establishment" means a bar, tavern, or |
| 10 | | restaurant. |
| 11 | | "Interchange fee" means a fee that a financial |
| 12 | | institution, payment processor, credit card payment network, |
| 13 | | or other person or entity charges a person, retail mercantile |
| 14 | | establishment, or food service establishment when a consumer |
| 15 | | uses a card, note, plate, coupon book, credit, or similar |
| 16 | | device to purchase a consumer product or service. |
| 17 | | "Place of short-term lodging" means a hotel, motel, inn, |
| 18 | | short-term rental, or other place of lodging that advertises |
| 19 | | at a price that is a nightly, hourly, or weekly rate. |
| 20 | | "Person" means an individual, natural person, public or |
| 21 | | private corporation, government, partnership, unincorporated |
| 22 | | association, or other entity. "Person" does not include food |
| 23 | | service establishment, or retail mercantile establishment. |
| 24 | | "Pricing information" means any information relating to an |
| 25 | | amount a consumer may pay as part of a transaction. |
| 26 | | "Restaurant" means any business that is primarily engaged |
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| 1 | | in the sale of ready-to-eat food for immediate consumption. |
| 2 | | For the purpose of this definition, "primarily engaged" means |
| 3 | | having sales of ready-to-eat food for immediate consumption |
| 4 | | comprising at least 51% of the total sales, excluding the sale |
| 5 | | of liquor. |
| 6 | | "Retail mercantile establishment" means a business that |
| 7 | | provides consumer goods and services to consumers at retail |
| 8 | | and generates occupation or use tax revenue. "Retail |
| 9 | | mercantile establishment" does not include a food service |
| 10 | | establishment. |
| 11 | | "Shipping charges" means the fees or charges that |
| 12 | | reasonably reflect the amount to be incurred to send goods to a |
| 13 | | consumer through the mail, including private mail services. |
| 14 | | "Total price" means the maximum total of all fees or |
| 15 | | charges a consumer shall pay for a good or service and any |
| 16 | | mandatory ancillary good or service. "Total price" does not |
| 17 | | include shipping charges or taxes, gratuities, interchange |
| 18 | | fees, discounts regulated pursuant to the Sale Price Ad Act, |
| 19 | | or fees collected and passed on to a quasi-governmental |
| 20 | | entity, including any assessment fees associated with a |
| 21 | | government created special district.
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| 22 | | Section 10. Hidden and misleading fees. It is a violation |
| 23 | | of this Act for a person to: |
| 24 | | (1) offer, display, or advertise an amount a consumer |
| 25 | | may pay for merchandise without clearly and conspicuously |
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| 1 | | disclosing the total price; |
| 2 | | (2) fail, in any offer, display, or advertisement that |
| 3 | | contains an amount a consumer may pay, to display the |
| 4 | | total price more prominently than any other pricing |
| 5 | | information; |
| 6 | | (3) misrepresent the nature and purpose of any amount |
| 7 | | a consumer may pay, including the ability to refund the |
| 8 | | fees and the identity of any merchandise for which fees |
| 9 | | are charged; |
| 10 | | (4) fail to disclose clearly and conspicuously before |
| 11 | | the consumer consents to pay, the nature and purpose of |
| 12 | | any amount a consumer may pay that is excluded from the |
| 13 | | total price, including the ability to refund the fees and |
| 14 | | the identity of any merchandise for which fees are |
| 15 | | charged; or |
| 16 | | (5) offer, display, or advertise, including through |
| 17 | | direct offerings, third-party distribution, or metasearch |
| 18 | | referrals, a total price for a place of short-term lodging |
| 19 | | that does not include all required fees.
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| 20 | | Section 15. Retail mercantile establishments; disclosure |
| 21 | | of total price. A retail mercantile establishment is not |
| 22 | | required to provide the total price in the display price of a |
| 23 | | consumer good or service. A retail mercantile establishment |
| 24 | | shall provide notice of a consumer fee or charge prior to the |
| 25 | | purchase of the food or beverages. A retail mercantile |
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| 1 | | establishment may use any reasonable method available to |
| 2 | | provide notice of the total price, including, but not limited |
| 3 | | to, the following commercial channels: |
| 4 | | (1) on a screen, monitor, or other display at the |
| 5 | | point of sale; |
| 6 | | (2) website, Internet, email, text message, mobile or |
| 7 | | computer application, or any other electronic or digital |
| 8 | | communication; |
| 9 | | (3) in-store consumer promotions, advertisement, or |
| 10 | | any other similar display; |
| 11 | | (4) membership, loyalty, or reward program or any |
| 12 | | other similar program; or |
| 13 | | (5) any other reasonable means available to the retail |
| 14 | | mercantile establishment.
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| 15 | | Section 20. Food service establishments; disclosure of |
| 16 | | total price. A food service establishment is not required to |
| 17 | | provide the total price within the display price of food or |
| 18 | | beverages. A food service establishment shall provide notice |
| 19 | | of a consumer fee or charge prior to the purchase of the food |
| 20 | | or beverages. A food service establishment may use any |
| 21 | | reasonable method available to provide notice of the total |
| 22 | | price, including, but not limited to, the following commercial |
| 23 | | channels: |
| 24 | | (1) at the establishment's premises on a menu, on a |
| 25 | | tabletop or countertop display, or through posted signage; |
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| 1 | | (2) on the establishment's website where food and |
| 2 | | beverage prices are advertised; |
| 3 | | (3) on a screen, monitor, or other interactive |
| 4 | | display; |
| 5 | | (4) email, text message, mobile or computer |
| 6 | | application, or any other electronic or digital |
| 7 | | communication; |
| 8 | | (5) in-store consumer promotions, advertisement, or |
| 9 | | any other similar display; |
| 10 | | (6) membership, loyalty, or reward program or any |
| 11 | | other similar program; or |
| 12 | | (7) any other reasonable means available to the food |
| 13 | | service establishment.
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| 14 | | Section 25. Disclosure of delivery fees. |
| 15 | | (a) For consumer goods or services sold by a food service |
| 16 | | establishment or retail mercantile establishment that will be |
| 17 | | delivered by a third-party delivery service, the food service |
| 18 | | establishment or retail mercantile establishment shall require |
| 19 | | by contract with the third-party delivery service that the |
| 20 | | third-party delivery service shall comply with Section 10. |
| 21 | | (b) A food service establishment or retail mercantile |
| 22 | | establishment is not responsible for violations of Section 10 |
| 23 | | solely as a result of a third-party delivery service failing |
| 24 | | to comply with Section 10.
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| 1 | | Section 30. Limitations. |
| 2 | | (a) Nothing in this Act shall be construed to limit, |
| 3 | | regulate, or prohibit a retail mercantile establishment or |
| 4 | | food establishment's ability to charge consumers fees or |
| 5 | | similar charges associated with consumer goods, food, |
| 6 | | beverages, or services. |
| 7 | | (b) Nothing in this Act shall be construed to limit, |
| 8 | | regulate, or prohibit a retail mercantile establishment's or |
| 9 | | food establishment's ability to set prices for consumer goods |
| 10 | | or services. |
| 11 | | (c) The requirements of this Act do not apply to consumer |
| 12 | | purchases made at wholesale clubs that sell consumer goods and |
| 13 | | services through a membership model. |
| 14 | | (d) Nothing in this Act alters any federal law or |
| 15 | | regulation. |
| 16 | | (e) Nothing in this Act shall infringe or impede on any |
| 17 | | right or remedy available under State law or rule.
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| 18 | | Section 35. Enforcement under the Consumer Fraud and |
| 19 | | Deceptive Business Practices Act. The Attorney General may |
| 20 | | enforce violations of this Act as an unlawful practice under |
| 21 | | the Consumer Fraud and Deceptive Business Practices Act. All |
| 22 | | remedies, penalties, and authority granted to the Attorney |
| 23 | | General by that Act shall be available to the Attorney General |
| 24 | | for the enforcement of this Act.
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