ALGORITHMIC PRICING DISCLOSURE

Illinois General Assembly - Full Text of HB5756

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5756

Introduced 5/5/2026, by Rep. Maura Hirschauer

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 505/2MMMM new

Creates the Algorithmic Pricing Transparency Act. Provides that any
person or entity that sells or offers to sell goods or services through an
online platform to consumers in the State shall provide a clear and
conspicuous disclosure if the baseline price for a specific consumer is
personalized and generated using surveillance pricing. Provides that a
consumer may opt out of surveillance pricing and a covered entity shall
provide the consumer with a non-personalized baseline price for the goods
or services. Prohibits a covered entity from using specified personal
information to generate algorithmic pricing. Provides that price changes
that are the result of specified allowable conduct are not prohibited
under the Act. Exempts insurers and providers of financial services from
the requirements of the Act. Provides that a violation of the Act is an
unlawful practice under the Consumer Fraud and Deceptive Business
Practices Act. Preempts home rule. Amends the Consumer Fraud and Deceptive
Business Practices Act to make a conforming change. Restricts private
rights of action to enforce the Algorithmic Pricing Transparency Act.
Effective January 1, 2028.
LRB104 21634 SPS 37141 b

A BILL FOR

HB5756
LRB104 21634 SPS 37141 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
Algorithmic Pricing Transparency Act.

6

Section 5.
Legislative findings.
The General Assembly
7
finds and declares:
8

(1) Consumers increasingly purchase goods and services
9

through online platforms that collect and process browsing
10

behavior, geolocation data, purchase history, and other
11

personal data.
12

(2) Businesses use automated systems and data-driven
13

algorithms to generate prices that may vary among
14

consumers for the same goods or services.
15

(3) These practices, sometimes referred to as
16

"surveillance pricing", may limit a consumer's ability to
17

comparison-shop and may enable pricing based on a
18

consumer's perceived willingness to pay.
19

(4) Transparency regarding the use of personal data in
20

pricing practices is necessary to promote fair dealing,
21

consumer protection, and market integrity.

22

Section 10.
Definitions.
In this Act:

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LRB104 21634 SPS 37141 b
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"Algorithmic pricing" means a price for goods or services
2
generated, in whole or in part, using an automated decision
3
system, machine-learning model, or data-driven algorithm.
4

"Baseline price" means the price for goods or services
5
made available to consumers by a covered entity, excluding any
6
discounts, coupons, promotional offers, limited-time sales,
7
rebates, loyalty or club member pricing, or other reductions
8
or incentives offered to the consumer that lower the total
9
amount the consumer pays for the goods or services. "Baseline
10
price" does not include a higher price for goods or services
11
made available to consumers by a covered entity for the
12
purpose of offering a lower price through surveillance pricing
13
or algorithmic pricing. "Baseline price" does not include any
14
additional fees for premium or additional features.
15

"Clear and conspicuous" means a disclosure that is easily
16
noticeable, understandable, and proximate to the pricing
17
information presented to the consumer.
18

"Covered entity" means any person or entity that sells or
19
offers to sell goods or services through an online platform to
20
consumers in this State.
21

"Personal data" means information linked or reasonably
22
linkable to a consumer, including, but not limited to,
23
browsing history, search queries, geolocation data, prior
24
purchases, digital identifiers, or demographic profile data.
25

"Personalized price increase" means a price for goods or
26
services that is higher than the baseline price and is set for

HB5756
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LRB104 21634 SPS 37141 b
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a consumer based on the consumer's personal data.
2

"Surveillance pricing" means algorithmic pricing that uses
3
a consumer's personal data to generate a personalized price
4
increase. "Surveillance pricing" does not include any methods
5
of lowering the baseline price for goods or services,
6
including, but not limited to:
7

(1) the application of any discounts, coupons,
8

promotional offers, rebates, limited-time sales, loyalty
9

or club member pricing, or other reductions or incentives
10

offered to the consumer that lower the total amount the
11

consumer pays;
12

(2) price comparison tools, competitor price matching,
13

or other comparison-based pricing mechanisms; or
14

(3) any other price reduction method that does not
15

increase the baseline price to the consumer.

16

Section 15.
Mandatory disclosure of surveillance pricing.
17

(a) A covered entity shall provide a clear and conspicuous
18
disclosure if the baseline price for a specific consumer is
19
personalized and generated using surveillance pricing. The
20
disclosure must state: THIS PRICE WAS SET BY AN ALGORITHM
21
USING YOUR PERSONAL DATA.
22

(b) The disclosure required under subsection (a) shall be
23
considered proximate to the pricing information if it is
24
presented next to the price, at the point of checkout, or
25
through a notice presented before completion of the

HB5756
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LRB104 21634 SPS 37141 b
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transaction.

2

Section 20.
Consumer rights.
3

(a) A consumer may opt out of surveillance pricing.
4

(b) Upon request, a covered entity shall provide the
5
consumer with a non-personalized baseline price for the goods
6
or services.

7

Section 25.
Prohibited conduct.
8

(a) A covered entity shall not use the following
9
information to generate algorithmic pricing:
10

(1) race;
11

(2) religion;
12

(3) sexual orientation;
13

(4) immigration status;
14

(5) medical information; or
15

(6) criminal history.
16

(b) A covered entity shall not engage in deceptive or
17
misleading personalized pricing practices.
18

(c) A covered entity shall not inflate baseline prices or
19
impose penalties on consumers who opt out of surveillance
20
pricing under subsection (a) of Section 20.

21

Section 30.
Exceptions.
22

(a) This Act does not apply to price changes that are the
23
result of:

HB5756
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LRB104 21634 SPS 37141 b
1

(1) fluctuations in the cost of acquiring, producing,
2

transporting, or distributing inventory, including, but
3

not limited to, changes in wholesale prices, manufacturing
4

costs, labor, insurance, or other input costs associated
5

with providing goods or services to different consumers;
6

(2) objective cost differences directly related to the
7

provision, supply, or sale of goods or services to
8

consumers in different geographic areas, market regions,
9

or delivery locations, including, but not limited to,
10

reasonable variations reflecting the costs or conditions
11

associated with serving particular areas or responding to
12

differing levels of supply or demand;
13

(3) supply chain disruptions, including, but not
14

limited to, delays, shortages, allocation by suppliers,
15

changes in shipping modes or routes, or other logistical
16

constraints that reasonably affect the seller's costs or
17

available quantities;
18

(4) time-limited sales, promotions, or discounts that
19

are offered in good faith and in the usual course of the
20

seller's business, including introductory pricing,
21

seasonal or clearance sales, and advertised promotional
22

events;
23

(5) the imposition, repeal, or adjustment of any tax,
24

fee, surcharge, or assessment imposed by federal, State,
25

or local law, or any pass-through of such amounts to the
26

consumer;

HB5756
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LRB104 21634 SPS 37141 b
1

(6) variations in shipping, delivery, or handling
2

costs, including fuel surcharges and carrier rate changes,
3

and any pass-through of such costs to the consumer;
4

(7) loyalty, membership, or rewards programs,
5

including differentiated pricing based on participation in
6

the programs, use of digital coupons, or accumulation or
7

redemption of rewards, if the terms are disclosed and
8

applied in a non-discriminatory manner;
9

(8) special discount programs, including
10

differentiated pricing offered to individuals who meet
11

publicly disclosed eligibility criteria, such as teachers,
12

employees, active-duty or retired military personnel,
13

senior citizens, and students;
14

(9) any fees, surcharges, or other charges that are
15

imposed or set by third parties, including payment
16

processors, delivery platforms, or other intermediaries,
17

and any pass-through of such amounts to the consumer; or
18

(10) any other bona fide price change that is
19

reasonably attributable to legitimate business
20

considerations, including changes in market demand,
21

competitive conditions, or the seller's cost structure, if
22

the price change is applied in a non-discriminatory manner
23

to similarly situated consumers.
24

(b) This Act does not apply to algorithmic pricing models
25
that do not use personal data, including models based on
26
aggregate market demand.

HB5756
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LRB104 21634 SPS 37141 b
1

(c) This Act does not apply to:
2

(1) any insurer or affiliate of the insurer or any
3

artificial intelligence system, algorithmic pricing
4

system, or surveillance pricing system deployed by or on
5

behalf of an insurer or affiliate of the insurer; or
6

(2) providers of financial services, including, but
7

not limited to, financial institutions, financial
8

institution affiliates, broker-dealers, registered
9

investment advisors, and entities that provide consumer
10

credit products, including credit cards, personal loans,
11

and mortgages.
12

The provisions of paragraph (1) apply to any insurer or
13
affiliate of the insurer that is regulated by the Department
14
of Insurance. Nothing in the paragraph shall be construed to
15
delegate regulatory oversight over any insurer or affiliate of
16
an insurer to any State agency other than the Department of
17
Insurance.

18

Section 35.
Enforcement.
A violation of any of the
19
provisions of this Act is an unlawful practice under the
20
Consumer Fraud and Deceptive Business Practices Act. All
21
remedies, penalties, and authority granted to the Attorney
22
General by that Act shall be available to him or her for the
23
enforcement of this Act.

24

Section 40.
Home rule.
The regulation of algorithmic

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LRB104 21634 SPS 37141 b
1
pricing, surveillance pricing, or any other similar pricing
2
mechanism is an exclusive power and function of the State. A
3
home rule unit may not regulate algorithmic pricing,
4
surveillance pricing, or any other similar pricing mechanism.
5
This Section is a denial and limitation of home rule powers and
6
functions under subsection (h) of Section 6 of Article VII of
7
the Illinois Constitution.

8

Section 45.
Rulemaking.
The Attorney General shall adopt
9
rules to implement and administer this Act.

10

Section 50.
Relation to other laws.
Nothing in this Act
11
shall be construed to limit any federal or State law.

12

Section 90.
The Consumer Fraud and Deceptive Business
13
Practices Act is amended by adding Section 2MMMM as follows:

14

(815 ILCS 505/2MMMM new)
15

Sec. 2MMMM.
Violations of the Algorithmic Pricing
16
Transparency Act.
17

(a) As used in this Section:
18

"Covered entity" has the meaning set forth in the
19
Algorithmic Pricing Transparency Act.
20

"Expeditiously" has the same meaning set forth in 17
21
U.S.C. 512.

22

(b) A covered entity that violates the Algorithmic Pricing

HB5756
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LRB104 21634 SPS 37141 b
1
Transparency Act commits an unlawful practice within the
2
meaning of this Act.
3

(c) The provisions of Section 10a apply to a violation of
4
the Algorithmic Pricing Transparency Act if a covered entity
5
materially contributes to, induces, or otherwise facilitates a
6
violation of the Algorithmic Pricing Transparency Act after
7
having obtained actual knowledge that the covered entity is
8
violating the Algorithmic Pricing Transparency Act. This
9
subsection does not apply if the covered entity: (1) does not
10
have actual knowledge that a price increase was set using
11
surveillance pricing in violation of the Algorithmic Pricing
12
Transparency Act; (2) in the absence of actual knowledge, does
13
not willfully disregard facts or circumstances that would
14
create actual knowledge; or (3) upon obtaining actual
15
knowledge, facts or circumstances that would create actual
16
knowledge, or written notification of claimed unauthorized
17
activity, acts expeditiously to remove or disable access to
18
the material that is the subject of infringing activity or, if
19
the covered entity does not personally have the ability to
20
remove or disable access to the price set, the covered entity
21
acts expeditiously to notify the entity or person that has the
22
ability to remove or disable access to the price.

23

Section 99.
Effective date.
This Act takes effect January
24
1, 2028.

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