ALGORITHMIC PRICING DISCLOSURE

Illinois General Assembly - Full Text of HB5323

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5323

Introduced 2/10/2026, by Rep. Abdelnasser Rashid

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 17898 SPS 31334 b

A BILL FOR

HB5323
LRB104 17898 SPS 31334 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.
15

"Consumer" means a natural person in this State who is
16
seeking or solicited to purchase, lease, or receive goods or
17
services for personal, family, or household use.
18

"Dynamic pricing" means pricing that fluctuates dependent
19
on conditions.
20

"Entity" means any natural person, firm, organization,
21
partnership, association, corporation, or any other entity
22
domiciled or doing business in this State.
23

"Personal data" means any data that identifies or could

HB5323
- 2 -
LRB104 17898 SPS 31334 b
1
reasonably be linked, directly or indirectly, with a specific
2
consumer or device.
3

"Personalized algorithmic pricing" means dynamic pricing
4
set by an algorithm that uses personal data.

5

Section 10.
Disclosure requirement.
An entity that sets
6
the price of goods or services using personalized algorithmic
7
pricing, and that directly or indirectly advertises, promotes,
8
labels, or publishes a statement, display, image, offer, or
9
announcement of personalized algorithmic pricing to a
10
consumer, using personal data specific to the consumer, shall
11
include with the statement, display, image, offer, or
12
announcement a clear and conspicuous disclosure that states:
13
"THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA".

14

Section 15.
Exceptions.
Nothing in this Act applies to:
15

(1) a person, firm, partnership, association, or
16

corporation, or agent or employee thereof, subject to the
17

Illinois Insurance Code;
18

(2) a financial institution or affiliate of a
19

financial institution, as those terms are defined in 15
20

U.S.C. 6809, to the extent that the financial institution
21

or affiliate of a financial institution is subject to
22

Title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801, et
23

seq., as amended) and its implementing regulations;
24

(3) a financial institution, as that term is defined

HB5323
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LRB104 17898 SPS 31334 b
1

in Section 2 of the Illinois Banking Act; or
2

(4) a price that is offered to a consumer who has an
3

existing subscription-based agreement or contract for
4

goods or services with an entity if the price is less than
5

the price for the same goods or services set forth in the
6

subscription-based agreement or contract.

7

Section 20.
Enforcement.
A violation of this Act
8
constitutes an unlawful practice under the Consumer Fraud and
9
Deceptive Business Practices Act. All remedies, penalties, and
10
authority granted to the Attorney General by the Consumer
11
Fraud and Deceptive Business Practices Act shall be available
12
to the Attorney General for the enforcement of this Act.

13

Section 90.
The Consumer Fraud and Deceptive Business
14
Practices Act is amended by adding Section 2MMMM as follows:

15

(815 ILCS 505/2MMMM new)
16

Sec. 2MMMM.
Violations of the Personalized Algorithmic
17
Pricing Disclosure Act.
Any person who violates the
18
Personalized Algorithmic Pricing Disclosure Act commits an
19
unlawful practice within the meaning of this Act.

20

Section 99.
Effective date.
This Act takes effect upon
21
becoming law.

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