SURVEILLANCE-BASED PRICING

Illinois General Assembly - Full Text of HB4985

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB4985

Home

Legislation

Full Text

HB4985 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4985

Introduced , by Rep. Nabeela Syed

SYNOPSIS AS INTRODUCED:

New Act

Creates the Surveillance-Based Price Discrimination Act. Provides
that a person shall not use surveillance data as part of an automated
decision system to inform the individualized price assessed to a consumer
for goods or services. Sets forth exemptions to the provision. Provides
that the Attorney General shall enforce the Act. Sets forth provisions
concerning private rights of action and penalties for violations.
LRB104 17757 SPS 31189 b

A BILL FOR

HB4985
LRB104 17757 SPS 31189 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
Surveillance-Based Price Discrimination Act.

6

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

"Automated decision system" means any system, software, or
8
process, including one derived from machine learning,
9
statistics, or other data processing or artificial
10
intelligence techniques and excluding passive computing
11
infrastructure, that uses computation, the result of which is
12
used to assist or replace human decision-making.
13

"Behaviors" mean an individual's observable, measurable,
14
or inferred actions, habits, preferences, interests, or
15
vulnerabilities, including an individual's political,
16
personal, or professional affiliations, web browsing history,
17
purchase history, financial circumstances, or consumer
18
behaviors.
19

"Biometric information" means data or information
20
generated by the technological, processing, measurement, or
21
analysis of a consumer's biological, physical, or behavioral
22
characteristics, that can be used for the purpose of uniquely
23
identifying an individual. "Biometric information" includes

HB4985
- 2 -
LRB104 17757 SPS 31189 b
1
fingerprints, voiceprints, scans or records of an eye retina
2
or iris, facial maps, facial geometry, facial templates,
3
genetic information, or other unique biological, physical, or
4
behavioral patterns or characteristics.
5

"Consumer" has the meaning set forth in the Consumer Fraud
6
and Deceptive Business Practices Act.
7

"Genetic information" has the meaning set forth in the
8
Health Insurance Portability and Accountability Act of 1996,
9
as specified in 45 CFR 160.103.
10

"Individualized" means specific to an individual or group,
11
band, class, or tier of individuals with particular personal
12
characteristics, behaviors, or biometric information.
13

"Insurer" means every person engaged as principal,
14
indemnitor, surety, or contractor in the business of making
15
insurance contracts.
16

"Personal characteristics" means individual qualities,
17
features, attributes, or traits, including immutable
18
characteristics, such as race and eye color, mutable
19
characteristics, such as address, weight, citizenship, or
20
parenthood status, and any other personally identifiable
21
information that could be used to identify an individual,
22
including social security number, name, or phone number.
23

"Price" means the amount charged to a consumer in relation
24
to a transaction, including all related costs and fees, and
25
any other material terms of the transaction that has a direct
26
bearing on the amount paid by the consumer or the value of the

HB4985
- 3 -
LRB104 17757 SPS 31189 b
1
good or service to the consumer.
2

"Surveillance data" means data obtained through
3
observation, inference, or surveillance of a consumer that is
4
related to personal characteristics, behaviors, or biometric
5
information of the individual or group, band, class, or tier
6
of individuals of which the individual is a part.
7
"Surveillance data" includes information gathered, purchased,
8
or otherwise acquired.

9

Section 10.
Prohibit surveillance-based price
10
discrimination.
11

(a) A person shall not use surveillance data as part of an
12
automated decision system to inform the individualized price
13
assessed to a consumer for goods or services. A person does not
14
violate this subsection if the person assesses different
15
prices to different consumers based on the cost of providing
16
the good or service to the different consumers.
17

(b) This Section shall not apply to:
18

(1) an insurer in compliance with the Illinois
19

Insurance Code that only uses risk-relevant data as part
20

of an automated decision system that informs decisions
21

related to any costs assessed to a consumer for an
22

insurance policy; or
23

(2) an entity that declines to extend credit at
24

specific terms to a consumer or enter into a transaction
25

with a consumer based on data provided in a consumer

HB4985
- 4 -
LRB104 17757 SPS 31189 b
1

report in compliance with the Fair Credit Reporting Act.

2

Section 15.
Enforcement.
The Attorney General shall
3
enforce this Act. A person who violates this Act shall be
4
subject to a civil penalty not to exceed $10,000 for each
5
violation and reasonable attorney's fees. A violation of any
6
provision of this Act shall constitute a separate violation
7
with respect to each consumer or transaction.

8

Section 20.
Private right of action.
9

(a) A person aggrieved by a violation of this Act may bring
10
a civil action on behalf of themselves or a group of similarly
11
situated persons to restrain further violations and to recover
12
damages, costs, and reasonable attorney's fees, including the
13
greater of:
14

(1) the amount of actual damages sustained;
15

(2) $3,000 for each violation; or
16

(3) 3 times the amount of actual damages sustained, if
17

it is established by clear and convincing evidence that
18

the person who violated this Act engaged in bad faith
19

conduct or intentionally violated this Act.
20

(b) A violation of any provision of this Act shall
21
constitute a separate violation with respect to each consumer
22
or transaction.

23

Section 25.
Relationship with other laws.
Nothing in this

HB4985
- 5 -
LRB104 17757 SPS 31189 b
1
Act, including the enforcement authority granted to the
2
Attorney General, preempts or otherwise affects any other
3
right, claim, remedy, presumption, or defense available at law
4
or in equity.

5

Section 30.
Rulemaking.
The Attorney General may adopt
6
rules necessary to implement and enforce this Act.

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn