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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,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Consumer Fraud and Deceptive Business | ||||||
| 5 | Practices Act is amended by adding Section 2WWW as follows: | ||||||
| 6 | (815 ILCS 505/2WWW new) | ||||||
| 7 | Sec. 2WWW. Limitation on publication or distribution of | ||||||
| 8 | video games that utilize loot boxes. | ||||||
| 9 | (a) In this Section: | ||||||
| 10 | "Add-on transaction" means, with respect to an interactive | ||||||
| 11 | digital entertainment product, a payment to the game publisher | ||||||
| 12 | of an interactive digital entertainment product, an affiliate | ||||||
| 13 | of the publisher, or any other person who accepts the payment | ||||||
| 14 | for the benefit of the publisher, of either money or an in-game | ||||||
| 15 | proxy for money, such as a virtual currency, that can be | ||||||
| 16 | purchased with money, that: | ||||||
| 17 | (1) unlocks a feature of the product; or | ||||||
| 18 | (2) adds to or enhances the entertainment value of the | ||||||
| 19 | product. | ||||||
| 20 | "Digital game distributor" means a person that, for | ||||||
| 21 | commercial purposes, in interstate or foreign commerce, | ||||||
| 22 | distributes an interactive digital entertainment product over | ||||||
| 23 | an online platform to over 1,000 users annually. | ||||||
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| 1 | "Game publisher" means a person that, for commercial | ||||||
| 2 | purposes, in interstate or foreign commerce, develops or | ||||||
| 3 | finances the development of an interactive digital | ||||||
| 4 | entertainment product that is distributed to over 1,000 users | ||||||
| 5 | annually. | ||||||
| 6 | "Interactive digital entertainment product" means a | ||||||
| 7 | program such as a video game that is accessed by a connected | ||||||
| 8 | device and provides an interactive entertainment experience | ||||||
| 9 | for the user. | ||||||
| 10 | "Loot box" means an add-on transaction to an interactive | ||||||
| 11 | digital entertainment product that: | ||||||
| 12 | (1) in a randomized or partially randomized fashion: | ||||||
| 13 | (A) unlocks a feature of the product; or | ||||||
| 14 | (B) adds to or enhances the entertainment value of | ||||||
| 15 | the product; or | ||||||
| 16 | (2) allows the user to make one or more additional | ||||||
| 17 | add-on transactions: | ||||||
| 18 | (A) that the user could not have made without | ||||||
| 19 | making the first add-on transaction; and | ||||||
| 20 | (B) the content of which is unknown to the user | ||||||
| 21 | until after the user has made the first add-on | ||||||
| 22 | transaction. | ||||||
| 23 | (b) An interactive digital entertainment product that | ||||||
| 24 | utilizes a loot box must display a warning immediately before | ||||||
| 25 | a consumer may access the loot box. The warning shall be | ||||||
| 26 | conspicuously displayed and contain the following: | ||||||
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| 1 | "Attention Parents: A Loot Box System exists in this game | ||||||
| 2 | that permits an unlimited amount of REAL MONEY to be spent | ||||||
| 3 | without any age restriction. REAL MONEY is exchanged for | ||||||
| 4 | random digital items. This process has been linked to REAL | ||||||
| 5 | LIFE GAMBLING ADDICTIONS in both children and adults. Please | ||||||
| 6 | regulate your own spending as well as your children's | ||||||
| 7 | spending.". | ||||||
| 8 | (c) It is an unlawful practice within the meaning of this | ||||||
| 9 | Act for a digital game distributor to distribute an | ||||||
| 10 | interactive digital entertainment product that utilizes a loot | ||||||
| 11 | box and that does not display the warning required under | ||||||
| 12 | subsection (b). | ||||||
| 13 | (d) It is an unlawful practice within the meaning of this | ||||||
| 14 | Act for a game publisher to publish an interactive digital | ||||||
| 15 | entertainment product that utilizes a loot box and that does | ||||||
| 16 | not display the warning required under subsection (b). | ||||||
| 17 | (e) A digital game distributor that violates this Section | ||||||
| 18 | commits an unlawful practice within the meaning of this Act | ||||||
| 19 | and, in addition, is liable in a civil action for damages | ||||||
| 20 | resulting from the violation. | ||||||
| 21 | (f) A game publisher that violates this Section commits an | ||||||
| 22 | unlawful practice within the meaning of this Act and, in | ||||||
| 23 | addition, is liable in a civil action for damages resulting | ||||||
| 24 | from the violation.
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