ALGORITHMIC PRICING

Illinois General Assembly - Full Text of HB4544

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4544

Introduced 1/30/2026, by Rep. Eva-Dina Delgado

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 505/2MMMM new

Creates the Preventing Algorithmic Pricing Discrimination Act.
Requires any person who knowingly advertises, promotes, labels, or
publishes a statement, display, image, offer, or announcement of
personalized algorithmic pricing using consumer data specific to a
particular individual must disclose that this price was set by an
algorithm using the individual's personal data. Prohibits the use of
algorithmic pricing under certain conditions. Provides that if there is a
violation of the Act, the Attorney General may file a civil action
requesting that an injunction be issued against the defendant to enjoin
and restrain the continuance of the violation. Provides that notice must
be given to the defendant of not less than 5 days, and the court may issue
an injunction enjoining and restraining any further violation without
requiring proof that any person has, in fact, been injured or damaged.
Authorizes the court to impose a civil penalty of not more than $1,000 for
each violation. Exempts any insurer licensed, regulated, or otherwise
authorized to do business in the State or any excess lines insurer,
including any persons, agents, or affiliates acting on behalf of the
insurer. Exempts financial services, including, but not limited to,
financial institutions, financial institution affiliates, broker-dealers,
registered investment advisors, and entities that provide consumer credit
products such as credit cards, personal loans, and mortgages. Amends the
Consumer Fraud and Deceptive Business Practices Act. Makes a violation of
the Preventing Algorithmic Pricing Discrimination Act an unlawful practice
under the Consumer Fraud and Deceptive Business Practices Act. Defines
terms. Limits home rule.
LRB104 17563 JRC 30991 b

A BILL FOR

HB4544
LRB104 17563 JRC 30991 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 1.
Short title.
This Act may be cited as the
5
Preventing Algorithmic Pricing Discrimination Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Algorithm" means a computational process that uses a set
8
of rules to define a sequence of operations.
9

"Clear and conspicuous disclosure" means disclosure in the
10
same medium as, and provided on, at, or near and
11
contemporaneous with every advertisement, display, image,
12
offer or announcement of a price for which notice is required
13
using lettering and wording that is easily visible and
14
understandable to the average consumer.
15

"Consumer" means a natural person who is seeking or
16
solicited to purchase, lease, or receive a good or service for
17
personal, family, or household use.
18

"Consumer data" means any data that identifies or could
19
reasonably be linked, directly or indirectly, with a specific
20
natural person or device, excluding location data.
21

"Dynamic pricing" means pricing that fluctuates dependent
22
on conditions in which models retrain or recalibrate on
23
information in near real time, excluding promotional pricing

HB4544
- 2 -
LRB104 17563 JRC 30991 b
1
offers, loyalty program benefits or other temporary discounts
2
or changes to pricing related to retention of existing
3
customers.
4

"Personalized algorithmic pricing" means dynamic pricing
5
derived from or set by an algorithm that uses consumer data as
6
defined in this Act, which may vary among individual consumers
7
or consumer populations.
8

"Person" means any natural person, firm, organization,
9
partnership, association, corporation, or any other entity
10
domiciled or doing business in the State.
11

"Protected class data" means information about an
12
individual person or groups of people that directly, in
13
combination, or by implication identifies a characteristic
14
that is legally protected from discrimination under the laws
15
of this State or under federal law, including, but not limited
16
to, ethnicity, national origin, age, disability, sex, sexual
17
orientation, gender identity and expression, pregnancy
18
outcomes, and reproductive health care.

19

Section 10.
Mandatory disclosure of algorithmic pricing.
20

(a) Any person who knowingly advertises, promotes, labels,
21
or publishes a statement, display, image, offer, or
22
announcement of personalized algorithmic pricing using
23
consumer data specific to a particular individual must include
24
with the statement, display, image, offer, or announcement a
25
clear and conspicuous disclosure that states: THIS PRICE WAS

HB4544
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LRB104 17563 JRC 30991 b
1
SET BY AN ALGORITHM USING YOUR PERSONAL DATA.
2

(b) If there is a violation of this Act, the Attorney
3
General may file a civil action requesting that an injunction
4
be issued against the defendant to enjoin and restrain the
5
continuance of the violation. Notice must be given to the
6
defendant of any hearing on this request not less than 5 days
7
before the hearing. The court may issue an injunction
8
enjoining and restraining any further violation without
9
requiring proof that any person has, in fact, been injured or
10
damaged.
11

(c) If the court determines that a violation of this Act
12
has occurred, the court may impose a civil penalty of not more
13
than $1,000 for each violation.
14

(d) This Act does not apply to any insurer licensed,
15
regulated, or otherwise authorized to do business in the State
16
or any excess lines insurer, including any persons, agents, or
17
affiliates acting on behalf of the insurer.
18

(e) This Act does not apply to financial services,
19
including, but not limited to, financial institutions,
20
financial institution affiliates, broker-dealers, registered
21
investment advisors, and entities that provide consumer credit
22
products such as credit cards, personal loans, and mortgages.

23

Section 15.
Prohibited use of algorithmic pricing.
A
24
person or agent or employee of a person may not use protected
25
class data in setting a price for, offering, marketing, or

HB4544
- 4 -
LRB104 17563 JRC 30991 b
1
selling any good or service if:
2

(1) the use of that data has the effect of withholding
3

or denying any of the accommodations, advantages, and
4

privileges accorded to others; or
5

(2) the price for the good or service is different
6

from the price offered to other individuals or groups
7

based in whole or in part on the use of protected class
8

data.

9

Section 20.
Enforcement.
A violation of this Act
10
constitutes an unlawful practice under the Consumer Fraud and
11
Deceptive Business Practices Act. All remedies, penalties, and
12
authority granted to the Attorney General by the Consumer
13
Fraud and Deceptive Business Practices Act are available to
14
the Attorney General for the enforcement of this Act. The
15
Attorney General may adopt rules to implement and administer
16
this Act.

17

Section 25.
Home rule.
A home rule unit may not regulate
18
algorithmic pricing in a manner less restrictive than the
19
regulation by the State of algorithmic pricing under this Act.
20
This Section is a limitation under subsection (i) of Section 6
21
of Article VII of the Illinois Constitution on the concurrent
22
exercise by home rule units of powers and functions exercised
23
by the State.

HB4544
- 5 -
LRB104 17563 JRC 30991 b
1

Section 30.
The Consumer Fraud and Deceptive Business
2
Practices Act is amended by adding Section 2MMMM as follows:

3

(815 ILCS 505/2MMMM new)
4

Sec. 2MMMM.
Violations of the Preventing Algorithmic
5
Pricing Discrimination Act.
A person who violates the
6
Preventing Algorithmic Pricing Discrimination Act commits an
7
unlawful practice within the meaning of this Act.

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