HB4629 EngrossedLRB103 36169 SPS 66261 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 1. Short title. This Act may be cited as the Junk
5Fee Ban Act.
6    Section 5. Definitions.
7    "Ancillary good or service" means any additional
8merchandise offered to a consumer as part of the same
10    "Advertisement" means a notice in any printed material,
11television, Internet, email, text message, mobile or computer
12application, or any other similar physical, electronic, or
13digital communication regarding the sale of a consumer good or
15    "Bar" or "tavern" means an establishment that is devoted
16to the serving of alcoholic beverages for consumption by
17guests on the premises and that derives no more than 50% of its
18gross revenue from the sale of food consumed on the premises,
19including, but not limited to, bars, taverns, nightclubs,
20cocktail lounges, adult entertainment facilities, and
22    "Consumer goods or services" means goods and services that
23are used or bought for use primarily for personal, family, or



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1household purposes.
2    "Display price" means the displayed price of a consumer
3good or service provided to the consumer within the retail
4mercantile establishment's physical location or Internet,
5email, text message, mobile or computer application, or any
6other similar physical, electronic, or digital communication.
7    "Delivery fees" means any fee charged to a consumer for
8providing delivery of consumer goods, food, or beverages.
9    "Food service establishment" means a bar, tavern, or
11    "Interchange fee" means a fee that a financial
12institution, payment processor, credit card payment network,
13or other person or entity charges a person, retail mercantile
14establishment, or food service establishment when a consumer
15uses a card, note, plate, coupon book, credit, or similar
16device to purchase a consumer product or service.
17    "Place of short-term lodging" means a hotel, motel, inn,
18short-term rental, or other place of lodging that advertises
19at a price that is a nightly, hourly, or weekly rate.
20    "Person" means an individual, natural person, public or
21private corporation, government, partnership, unincorporated
22association, or other entity. "Person" does not include food
23service establishment, or retail mercantile establishment.
24    "Pricing information" means any information relating to an
25amount a consumer may pay as part of a transaction.
26    "Restaurant" means any business that is primarily engaged



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1in the sale of ready-to-eat food for immediate consumption.
2For the purpose of this definition, "primarily engaged" means
3having sales of ready-to-eat food for immediate consumption
4comprising at least 51% of the total sales, excluding the sale
5of liquor.
6    "Retail mercantile establishment" means a business that
7provides consumer goods and services to consumers at retail
8and generates occupation or use tax revenue. "Retail
9mercantile establishment" does not include a food service
11    "Shipping charges" means the fees or charges that
12reasonably reflect the amount to be incurred to send goods to a
13consumer through the mail, including private mail services.
14    "Total price" means the maximum total of all fees or
15charges a consumer shall pay for a good or service and any
16mandatory ancillary good or service. "Total price" does not
17include shipping charges or taxes, gratuities, interchange
18fees, discounts regulated pursuant to the Sale Price Ad Act,
19or fees collected and passed on to a quasi-governmental
20entity, including any assessment fees associated with a
21government created special district.
22    Section 10. Hidden and misleading fees. It is a violation
23of 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.
20    Section 15. Retail mercantile establishments; disclosure
21of total price. A retail mercantile establishment is not
22required to provide the total price in the display price of a
23consumer good or service. A retail mercantile establishment
24shall provide notice of a consumer fee or charge prior to the
25purchase of the food or beverages. A retail mercantile



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1establishment may use any reasonable method available to
2provide notice of the total price, including, but not limited
3to, 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.
15    Section 20. Food service establishments; disclosure of
16total price. A food service establishment is not required to
17provide the total price within the display price of food or
18beverages. A food service establishment shall provide notice
19of a consumer fee or charge prior to the purchase of the food
20or beverages. A food service establishment may use any
21reasonable method available to provide notice of the total
22price, including, but not limited to, the following commercial
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.
14    Section 25. Disclosure of delivery fees.
15    (a) For consumer goods or services sold by a food service
16establishment or retail mercantile establishment that will be
17delivered by a third-party delivery service, the food service
18establishment or retail mercantile establishment shall require
19by contract with the third-party delivery service that the
20third-party delivery service shall comply with Section 10.
21    (b) A food service establishment or retail mercantile
22establishment is not responsible for violations of Section 10
23solely as a result of a third-party delivery service failing
24to comply with Section 10.



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1    Section 30. Limitations.
2    (a) Nothing in this Act shall be construed to limit,
3regulate, or prohibit a retail mercantile establishment or
4food establishment's ability to charge consumers fees or
5similar charges associated with consumer goods, food,
6beverages, or services.
7    (b) Nothing in this Act shall be construed to limit,
8regulate, or prohibit a retail mercantile establishment's or
9food establishment's ability to set prices for consumer goods
10or services.
11    (c) The requirements of this Act do not apply to consumer
12purchases made at wholesale clubs that sell consumer goods and
13services through a membership model.
14    (d) Nothing in this Act alters any federal law or
16    (e) Nothing in this Act shall infringe or impede on any
17right or remedy available under State law or rule.
18    Section 35. Enforcement under the Consumer Fraud and
19Deceptive Business Practices Act. The Attorney General may
20enforce violations of this Act as an unlawful practice under
21the Consumer Fraud and Deceptive Business Practices Act. All
22remedies, penalties, and authority granted to the Attorney
23General by that Act shall be available to the Attorney General
24for the enforcement of this Act.



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1    Section 40. Home rule. The disclosure of the total price,
2as defined in this Act, of a consumer good or service is an
3exclusive power and function of the State. A home rule unit may
4not regulate the disclosure of total prices by retail
5mercantile establishments or food service establishments. This
6Section is a denial and limitation of home rule powers and
7functions under subsection (h) of Section 6 of Article VII of
8the Illinois Constitution.