Illinois General Assembly - Full Text of SB2657
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Full Text of SB2657  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/8/2018, by Sen. Emil Jones, III


815 ILCS 505/2VVV new

    Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for a person to violate a merchant agreement between a merchant and a credit card service provider. Provides that imposing a surcharge to a debit or credit card or prepaid card purchase if those charges are prohibited by the merchant agreement constitutes a violation.

LRB100 16976 JLS 32123 b





SB2657LRB100 16976 JLS 32123 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 2VVV as follows:
6    (815 ILCS 505/2VVV new)
7    Sec. 2VVV. Violation of certain merchant agreements.
8    (a) As used in this Section:
9    "Merchant" means a person who deals in goods of the kind or
10otherwise by his occupation and holds himself out as having
11knowledge or skill peculiar to the practices or goods involved
12in the transaction or to whom such knowledge or skill may be
13attributed by his employment of an agent or broker or other
14intermediary who by his occupation holds himself out as having
15such knowledge.
16    "Merchant agreement" means a contract between a merchant
17and a credit card service provider that establishes the rules
18and responsibilities that apply to each party regarding payment
19card acceptance, authorization, processing, and settlement.
20    (b) It is an unlawful practice within the meaning of this
21Act for any person to violate a merchant agreement between a
22merchant and a credit card service provider. Violations may
23include, but are not limited to, applying a surcharge to a



SB2657- 2 -LRB100 16976 JLS 32123 b

1debit card or prepaid card purchase, if those practices are
2banned by the agreement.