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Illinois General Assembly - Full Text of HB0228

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Full Text of HB0228

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HB0228 - 104th General Assembly

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HB0228 Enrolled
LRB104 04051 SPS 14075 b
1

AN ACT concerning business.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Consumer Fraud and Deceptive Business
5
Practices Act is amended by adding Section 2MMMM as follows:

6

(815 ILCS 505/2MMMM new)
7

Sec. 2MMMM.
Hidden and misleading fees.
8

(a) For purposes of this Section:
9

"Financial institution" means any person or entity who is
10
certified, permitted, approved, chartered, registered,
11
licensed, or otherwise authorized to engage in any profession,
12
trade, occupation, or industry by the Division of Banking or
13
the Division of Financial Institutions of the Department of
14
Financial and Professional Regulation.
15

"Gratuities" means compensation, money, or tip paid by a
16
consumer in excess of the amount required for the purchase of
17
goods or services, the total amount of which is received by the
18
employees providing the goods or services, and none of which
19
is retained by the business that employs the employees.
20

"Mandatory fee or surcharge" includes, but is not limited
21
to, a fee or surcharge that:
22

(1) must be paid in order to purchase the goods or
23

services being advertised;

HB0228 Enrolled
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LRB104 04051 SPS 14075 b
1

(2) is not reasonably avoidable by the consumer; or
2

(3) a person would reasonably expect to be included in
3

the purchase of the goods or services being advertised.
4

"Mandatory fee or surcharge" does not include any taxes or
5
fees imposed by a government entity that are required by law to
6
be collected from the consumer on the sale, use, purchase,
7
receipt, or delivery of the goods or services.
8

(b) It is an unlawful practice within the meaning of this
9
Act for a person to advertise, display, or offer a price for
10
goods or services that does not include all mandatory fees or
11
surcharges.
12

(c) A food delivery platform is compliant with this
13
Section if the platform:
14

(1) clearly and conspicuously discloses, on any page
15

on the platform that references, expressly or by
16

implication:
17

(A) the specific cost to place a delivery order at
18

a particular restaurant; and
19

(B) the amount or, if calculated on a percentage
20

basis, the percentage of any additional fee or fees
21

that a consumer must incur at that restaurant to place
22

a delivery order, excluding only fees or charges
23

imposed by a federal, State, tribal, or unit of local
24

government that is required by law to be collected
25

from the consumer on the transaction and any optional
26

gratuities;

HB0228 Enrolled
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LRB104 04051 SPS 14075 b
1

(2) clearly and conspicuously discloses, any time a
2

consumer has selected any items on the platform and those
3

selections are displayed, all fees the consumer will incur
4

based on those selections, including the nature or purpose
5

of each fee, the amount of each fee, and the total amount a
6

consumer must pay based on the selections; and
7

(3) after a consumer selects items for purchase, but
8

prior to checkout, a delivery platform must display a
9

subtotal page that itemizes the price of the menu items
10

and any additional fees that are included in the total
11

cost.
12

(d) Nothing in this Section prohibits a person from
13
charging a reasonable postage or shipping fee that is actually
14
incurred by the person to ship goods to a consumer.
15

(e) Nothing in this Section prohibits a person from
16
offering goods or services at a discounted price from the
17
advertised, displayed, or offered price.
18

(f) A person offering goods or services in an auction
19
where consumers can place bids on the goods or services and the
20
total cost is indeterminable is compliant with this Section if
21
the person discloses in a clear and conspicuous manner any
22
mandatory fees associated with the transaction and that the
23
total cost of the goods or services may vary.
24

(g) A person offering services where the total cost of a
25
service is determined by consumer selections and preferences,
26
or where the total cost of the service relates to distance or

HB0228 Enrolled
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LRB104 04051 SPS 14075 b
1
time, is compliant with this Section if the person discloses
2
in a clear and conspicuous manner: (i) the factors that
3
determine the total price; (ii) any mandatory fees associated
4
with the transaction; and (iii) that the total cost of the
5
services may vary.
6

(h) A food or beverage service establishment, including a
7
hotel, is compliant with this Section with respect to
8
automatic and mandatory gratuities charged if, in every offer
9
or advertisement for the purchase of a good or service that
10
includes pricing information, the total price of the good or
11
service being offered or advertised includes a clear and
12
conspicuous disclosure of the percentage of any automatic and
13
mandatory gratuities charged. All other mandatory fees and
14
surcharges must be included in the price advertised,
15
displayed, or offered as required by subsection (b).
16

(i) The following entities are compliant with this
17
Section:
18

(1) a provider of broadband Internet access service,
19

on its own or as part of a bundle, that complies with the
20

broadband consumer label requirements set forth in 47 CFR
21

8.1(a) and its implementing orders;
22

(2) a cable operator and direct broadcast satellite
23

provider that complies with the pricing requirements set
24

forth in 47 CFR 76.310 and its implementing orders; and
25

(3) a telecommunication company that complies with the
26

pricing requirements set forth in 47 CFR 64.2401 and its

HB0228 Enrolled
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LRB104 04051 SPS 14075 b
1

implementing orders.
2

(j) A person is compliant with this Section for the
3
purposes of any transactions covered by 47 U.S.C. 552 if the
4
person is compliant with that Act.
5

(k) A financial institution that is required to provide
6
disclosures in compliance with any of the following federal or
7
State laws with respect to a financial transaction is
8
compliant with this Section for purposes of the transactions:
9

(1) the Truth in Savings Act, as amended (12 U.S.C.
10

Sec. 4301 et seq.);
11

(2) the Electronic Fund Transfer Act, as amended (15
12

U.S.C. Sec. 1693 et seq.);
13

(3) Section 19 of the Federal Reserve Act, as amended
14

(12 U.S.C. Sec. 461 et seq.);
15

(4) the Truth in Lending Act, as amended (15 U.S.C.
16

Sec. 1601 et seq.);
17

(5) the Real Estate Settlement Procedures Act, as
18

amended (12 U.S.C. Sec. 2601 et seq.);
19

(6) the Home Ownership and Equity Protection Act (15
20

U.S.C. Sec. 1639);
21

(7) the Consumer Installment Loan Act;
22

(8) the Consumer Legal Funding Act;
23

(9) the Interest Act;
24

(10) the Motor Vehicle Retail Installment Sales Act;
25

(11) the Retail Installment Sales Act;
26

(12) the Payday Loan Reform Act;

HB0228 Enrolled
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LRB104 04051 SPS 14075 b
1

(13) the High Risk Home Loan Act;
2

(14) the Pawnbroker Regulation Act of 2023;
3

(15) the Residential Mortgage Licensing Act of 1987;
4

(16) the Residential Real Property Disclosure Act;
5

(17) the Student Loan Servicing Rights Act; and
6

(18) any rule or regulation adopted under any State or
7

federal law listed in this subsection.
8

(l) This Act does not apply to an air carrier that provides
9
air transportation, as those terms are used in 49 U.S.C.
10
41713.

11

(m) The provisions of Section 10a do not apply to a
12
violation of this Section.

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