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Full Text of HB4717
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HB4717 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4717
Introduced , by Rep. Amy L. Grant
SYNOPSIS AS INTRODUCED:
New Act
815 ILCS 505/2MMMM new
Amends the Personalized Algorithmic Pricing Disclosure Act. Provides
that any entity that sets the price of goods or services using personalized
algorithmic pricing, and that directly or indirectly advertises, promotes,
labels, or publishes a statement, display, image, offer, or announcement
of personalized algorithmic pricing to a consumer, using personal data
specific to the consumer, shall include a specified disclosure. Sets forth
exceptions to the provision. Provides that a violation of the Act
constitutes an unlawful practice under the Consumer Fraud and Deceptive
Business Practices Act. Amends the Consumer Fraud and Deceptive Business
Practices Act to make a conforming change. Effective immediately.
LRB104 18478 SPS 31920 b
A BILL FOR
HB4717
LRB104 18478 SPS 31920 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
Personalized Algorithmic Pricing Disclosure Act.
6
Section 5.
Definitions.
As used in this Act:
7
"Algorithm" means a computational automated process that
8
uses a set 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
13
required, using lettering and wording that is easily visible
14
and understandable to the average consumer.
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"Consumer" means a natural person in this State who is
16
seeking or solicited to purchase, lease, or receive goods or
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services for personal, family, or household use.
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"Dynamic pricing" means pricing that fluctuates dependent
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on conditions.
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"Entity" means any natural person, firm, organization,
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partnership, association, corporation, or any other entity
22
domiciled or doing business in this State.
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"Personal data" means any data that identifies or could
HB4717
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LRB104 18478 SPS 31920 b
1
reasonably be linked, directly or indirectly, with a specific
2
consumer or device. "Personal data" does not include location
3
data that is used by a for-hire vehicle, as determined by local
4
ordinance, or a transportation network company, as defined in
5
Section 5 of the Transportation Network Providers Act, solely
6
to calculate the fare based on mileage and trip duration
7
between the passenger's pickup and drop-off locations.
8
"Personalized algorithmic pricing" means dynamic pricing
9
set by an algorithm that uses personal data.
10
Section 10.
Disclosure requirement.
An entity that sets
11
the price of goods or services using personalized algorithmic
12
pricing, and that directly or indirectly advertises, promotes,
13
labels, or publishes a statement, display, image, offer, or
14
announcement of personalized algorithmic pricing to a
15
consumer, using personal data specific to the consumer, shall
16
include with the statement, display, image, offer, or
17
announcement a clear and conspicuous disclosure that states:
18
"THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA".
19
Section 15.
Exceptions.
Nothing in this Act applies to:
20
(1) a person, firm, partnership, association, or
21
corporation, or agent or employee thereof, subject to the
22
Illinois Insurance Code;
23
(2) a financial institution or affiliate of a
24
financial institution, as those terms are defined in 15
HB4717
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LRB104 18478 SPS 31920 b
1
U.S.C. 6809, to the extent that the financial institution
2
or affiliate of a financial institution is subject to
3
Title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801, et
4
seq., as amended) and its implementing regulations;
5
(3) a financial institution, as that term is defined
6
in Section 2 of the Illinois Banking Act; or
7
(4) a price that is offered to a consumer who has an
8
existing subscription-based agreement or contract for
9
goods or services with an entity if the price is less than
10
the price for the same goods or services set forth in the
11
subscription-based agreement or contract.
12
Section 20.
Enforcement.
A violation of this Act
13
constitutes an unlawful practice under the Consumer Fraud and
14
Deceptive Business Practices Act. All remedies, penalties, and
15
authority granted to the Attorney General by the Consumer
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Fraud and Deceptive Business Practices Act shall be available
17
to the Attorney General for the enforcement of this Act.
18
Section 90.
The Consumer Fraud and Deceptive Business
19
Practices Act is amended by adding Section 2MMMM as follows:
20
(815 ILCS 505/2MMMM new)
21
Sec. 2MMMM.
Violations of the Personalized Algorithmic
22
Pricing Disclosure Act.
Any person who violates the
23
Personalized Algorithmic Pricing Disclosure Act commits an
HB4717
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LRB104 18478 SPS 31920 b
1
unlawful practice within the meaning of this Act.
2
Section 99.
Effective date.
This Act takes effect upon
3
becoming law.
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