Bill Text: IL HB5795 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act concerning price gouging. Provides that it is an unfair or deceptive act or practice for any person, contractor, business, or other entity to sell or offer to sell, either in person, through an intermediary, or online, consumer food items or goods, goods or services used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, during the period of a disaster declared by either the President of the United States or the Governor of the State of Illinois, and for a period of 45 days following the end of the disaster period, for an amount that represents an unconscionably high price. Sets forth criteria for determining whether a price is unconscionably high. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-06-02 - Added Co-Sponsor Rep. Mary Edly-Allen [HB5795 Detail]

Download: Illinois-2019-HB5795-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5795 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
815 ILCS 505/2WWW new
Amends the Consumer Fraud and Deceptive Business Practices Act concerning price gouging. Provides that it is an unfair or deceptive act or practice for any person, contractor, business, or other entity to sell or offer to sell, either in person, through an intermediary, or online, consumer food items or goods, goods or services used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, during the period of a disaster declared by either the President of the United States or the Governor of the State of Illinois, and for a period of 45 days following the end of the disaster period, for an amount that represents an unconscionably high price. Sets forth criteria for determining whether a price is unconscionably high. Effective immediately.
LRB101 21395 JLS 72026 b
A BILL FOR
HB5795 LRB101 21395 JLS 72026 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2WWW as follows:
(815 ILCS 505/2WWW new)
Sec. 2WWW. Price gouging during a disaster.
(a) It is an unfair or deceptive act or practice, within
the meaning of Section 2 of this Act, during any declared
disaster by the President of the United States or the Governor
of the State of Illinois and for a period of 45 days following
that declaration, for any person, contractor, business, or
other entity, including any manufacturer, supplier,
wholesaler, distributor or retailer, to sell or offer to sell
within the disaster area, either in person, through an
intermediary, or online, any consumer food items or goods,
goods or services used for emergency cleanup or response,
emergency supplies, medical supplies, home heating oil,
building materials, housing, transportation, freight, and
storage services for an amount that represents an
unconscionably high price.
(b) For the purposes of this Section, a price is
unconscionably high if:

HB5795 - 2 - LRB101 21395 JLS 72026 b
(1) the amount charged represents a gross disparity
between the price of the good or service and: (A) the price
at which the same good or service was sold or offered for
sale in the usual course of business immediately prior to
the declaration of the disaster; (B) if the person,
contractor, business, or other entity did not sell or offer
for sale such goods or services immediately prior to
declaration of the disaster, the price at which similar
goods or services were offered for sale or sold by a
similarly situated person, contractor, business, or entity
in the usual course of business immediately prior to the
declaration of the disaster; or (C) the price at which the
same or similar good or service is readily obtainable by
other buyers in the disaster area; and
(2) the disparity is not directly attributable to
increased prices charged by the related business
suppliers, additional costs for labor or materials to
provide the good or service, or other increased costs not
within the control of the person, contractor, business, or
entity.
Section 99. Effective date. This Act takes effect upon
becoming law.