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
 

  
HB5795LRB101 21395 JLS 72026 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. Price gouging during a disaster.
8    (a) It is an unfair or deceptive act or practice, within 
9the meaning of Section 2 of this Act, during any declared 
10disaster by the President of the United States or the Governor 
11of the State of Illinois and for a period of 45 days following 
12that declaration, for any person, contractor, business, or 
13other entity, including any manufacturer, supplier, 
14wholesaler, distributor or retailer, to sell or offer to sell 
15within the disaster area, either in person, through an 
16intermediary, or online, any consumer food items or goods, 
17goods or services used for emergency cleanup or response, 
18emergency supplies, medical supplies, home heating oil, 
19building materials, housing, transportation, freight, and 
20storage services for an amount that represents an 
21unconscionably high price.
22    (b) For the purposes of this Section, a price is 
23unconscionably high if:
 
 
HB5795- 2 -LRB101 21395 JLS 72026 b

1        (1) the amount charged represents a gross disparity 
2    between the price of the good or service and:
(A) the price 
3    at which the same good or service was sold or offered for 
4    sale in the usual course of business immediately prior to 
5    the declaration of the disaster;
(B) if the person, 
6    contractor, business, or other entity did not sell or offer 
7    for sale such goods or services immediately prior to 
8    declaration of the disaster, the price at which similar 
9    goods or services were offered for sale or sold by a 
10    similarly situated person, contractor, business, or entity 
11    in the usual course of business immediately prior to the 
12    declaration of the disaster; or
(C) the price at which the 
13    same or similar good or service is readily obtainable by 
14    other buyers in the disaster area; and
15        (2) the disparity is not directly attributable to 
16    increased prices charged by the related business 
17    suppliers, additional costs for labor or materials to 
18    provide the good or service, or other increased costs not 
19    within the control of the person, contractor, business, or 
20    entity. 
 
 
21    Section 99. Effective date. This Act takes effect upon 
22becoming law.