CONSUMER FRAUD-FEE DISCLOSURE

Illinois General Assembly - Full Text of SB1486

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SB1486 - 104th General Assembly

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SB1486 Engrossed
LRB104 11472 SPS 21561 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
Junk
5
Fee Ban Act.

6

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

"Ancillary good or service" means any additional
8
merchandise offered to a consumer as part of the same
9
transaction.
10

"Advertisement" means a notice in any printed material,
11
television, Internet, email, text message, mobile or computer
12
application, or any other similar physical, electronic, or
13
digital communication regarding the sale of a good or service.
14

"Bar" or "tavern" means an establishment that is devoted
15
to the serving of alcoholic beverages for consumption by
16
guests on the premises and that derives no more than 50% of its
17
gross revenue from the sale of food consumed on the premises,
18
including, but not limited to, bars, taverns, nightclubs,
19
cocktail lounges, adult entertainment facilities, and
20
cabarets.
21

"Consumer goods or services" means goods and services that
22
are used or bought for use primarily for personal, family, or
23
household purposes.

SB1486 Engrossed
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1

"Display price" means the displayed price of a good or
2
service provided to the consumer within the retail mercantile
3
establishment or food service establishment's physical
4
location or by Internet, email, text message, mobile or
5
computer application, or any other similar physical,
6
electronic, or digital communication.
7

"Food service establishment" means a bar, tavern, or
8
restaurant. "Food service establishment" includes bar, tavern,
9
restaurant, commercial kitchen, or banquet, event, catering,
10
or room service, operated by a hotel, that stores, prepares,
11
provides, or packages food or beverage for human consumption,
12
regardless of whether the food or beverage is consumed on or
13
off the premises.
14

"Insurance company" has the meaning given to the term
15
"company" in subsection (e) of Section 5 of the Illinois
16
Insurance Code.
17

"Mandatory fee or charge" means a fee or charge that: (i)
18
must be paid in order to purchase the goods or services being
19
advertised or offered; or (ii) is not reasonably avoidable by
20
the consumer. "Mandatory fee or charge" does not include taxes
21
or fees imposed by a governmental or quasi-governmental entity
22
on the sale, use, purchase, receipt, or delivery of the goods
23
or services.
24

"Person" means an individual, natural person, public or
25
private corporation, government, partnership, unincorporated
26
association, or other entity. "Person" does not include a food

SB1486 Engrossed
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1
service establishment or a retail mercantile establishment.
2

"Place of short-term lodging" means a hotel, motel, inn,
3
short-term rental, or other place of lodging that advertises
4
at a price that is a nightly, hourly, or weekly rate.
5

"Restaurant" means any business that is primarily engaged
6
in the sale of ready-to-eat food for immediate consumption.
7
For the purpose of this definition, "primarily engaged" means
8
having sales of ready-to-eat food for immediate consumption
9
comprising at least 51% of the total sales, excluding the sale
10
of liquor.
11

"Retail mercantile establishment" means a business that
12
provides consumer goods and services to consumers at retail
13
and generates occupation or use tax revenue. "Retail
14
mercantile establishment" does not include a food service
15
establishment, third-party delivery platform or company, or a
16
place of short-term lodging.
17

"Shipping charges" means the fees or charges that
18
reasonably reflect the amount to be incurred to send goods to a
19
consumer through the mail, including private mail services.
20

"Third-party delivery platform or company" means a
21
corporation, partnership, sole proprietorship, or other entity
22
that: (i) operates in this State; and (ii) uses a website,
23
software application, or digital network to connect a consumer
24
with a courier to facilitate the delivery of goods or
25
services.
26

"Total price" means the maximum total of all amounts,

SB1486 Engrossed
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1
including fees or charges, that a consumer must pay for a good
2
or service, including any mandatory ancillary good or service.
3
"Total price" does not include shipping charges or taxes,
4
gratuities, discounts regulated under the Sale Price Ad Act,
5
or fees collected and passed on to a quasi-governmental
6
entity, including any assessment fees associated with a
7
government created special district.

8

Section 10.
Disclosure of mandatory fees or charges
9
required.
10

(a) It is an unlawful practice for any person to
11
advertise, display, or offer a price for a good or service that
12
does not include all mandatory fees or charges other than:
13

(1) taxes or fees imposed by a government entity on
14

the transaction;
15

(2) shipping charges that will be reasonably and
16

actually incurred to ship the physical good or product to
17

the consumer; or
18

(3) fees collected and passed on to a
19

quasi-governmental entity, including any assessment fees
20

associated with a government created special district.
21

(b) A third-party delivery platform or company is
22
compliant with this Section if the platform or company :
23

(1) clearly and conspicuously discloses at the point
24

when a consumer views and selects either a vendor or goods
25

or services for purchase, that an additional flat fee,

SB1486 Engrossed
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LRB104 11472 SPS 21561 b
1

variable fee, or percentage fee is charged and the amount
2

of fee or percentage charged or, in the case of a variable
3

fee that is dependent on consumer selections or distance
4

and time, clearly and conspicuously disclose the factors
5

determining the fee, any mandatory fees or charges
6

associated with the transaction, and that the total price
7

of the services may vary; and
8

(2) after a consumer selects the goods or services for
9

purchase but prior to checkout or completion of the
10

transaction, displays a subtotal page that itemizes the
11

price of the goods or services for purchase and the
12

additional flat fee, variable fee, or percentage fee that
13

is included in the total price.
14

(c) A person offering services for which the total price
15
of the service cannot reasonably be known at the time of the
16
offer due to factors that determine the total price that are
17
beyond the control of the person offering the service,
18
including factors that are determined by consumer selections
19
or preferences or that relate to distance or time, is
20
compliant with this Section if the person discloses in a clear
21
and conspicuous manner:
22

(1) the factors that determine the total price;
23

(2) any mandatory fees or charges associated with the
24

transaction; and
25

(3) that the total price of the services may vary.

SB1486 Engrossed
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LRB104 11472 SPS 21561 b
1

Section 15.
Entities and transactions regulated by federal
2
and State laws.
3

(a) A person or entity that is required to provide
4
disclosures in compliance with any of the following federal or
5
State laws, and any rules or regulations adopted under those
6
laws, is exempt from the requirements of Section 10 for
7
purposes of that transaction:
8

(1) the federal Truth in Savings Act, as amended (12
9

U.S.C. Sec. 4301 et seq.);
10

(2) the federal Electronic Fund Transfer Act, as
11

amended (15 U.S.C. Sec. 1693 et seq.);
12

(3) Section 19 of the Federal Reserve Act, as amended
13

(12 U.S.C. Sec. 461 et seq.);
14

(4) the federal Truth in Lending Act, as amended (15
15

U.S.C. Sec. 1601 et seq.);
16

(5) the federal Real Estate Settlement Procedures Act,
17

as amended (12 U.S.C. Sec. 2601 et seq.);
18

(6) the federal Home Ownership and Equity Protection
19

Act (15 U.S.C. Sec. 1639);
20

(7) the Consumer Installment Loan Act;
21

(8) the Consumer Legal Funding Act;
22

(9) the Interest Act;
23

(10) the Motor Vehicle Retail Installment Sales Act;
24

(11) the Retail Installment Sales Act;
25

(12) the Payday Loan Reform Act;
26

(13) the High Risk Home Loan Act;

SB1486 Engrossed
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LRB104 11472 SPS 21561 b
1

(14) the Pawnbroker Regulation Act of 2023;
2

(15) the Residential Mortgage Licensing Act of 1987;
3

(16) the Residential Real Property Disclosure Act; and
4

(17) the Student Loan Servicing Rights Act.
5

(b) Notwithstanding subsection (a), nothing in this Act
6
shall apply to banks, savings banks, or credit unions
7
organized or chartered under the laws of this State, another
8
state, or the United States, or any affiliates or subsidiaries
9
thereof.

10

Section 20.
Retail mercantile establishments; disclosure
11
of total price.
A retail mercantile establishment is not
12
required to provide the total price in the display price of a
13
consumer good or service. A retail mercantile establishment
14
shall provide notice of a consumer fee or charge established
15
and levied by the retail mercantile establishment prior to the
16
purchase of the good or service within any available
17
commercial channels in this subsection. A retail mercantile
18
establishment may use any reasonable method available to
19
provide notice of the total price, including, but not limited
20
to, the following commercial channels:
21

(1) on a screen, monitor, or other display at the
22

point of sale;
23

(2) a website, Internet, email, text message, mobile
24

or computer application, or any other electronic or
25

digital communication;

SB1486 Engrossed
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LRB104 11472 SPS 21561 b
1

(3) in-store consumer promotions, advertisement, or
2

any other similar display;
3

(4) a membership, loyalty, or reward program or any
4

other similar program; or
5

(5) any other reasonable means available to the retail
6

mercantile establishment.

7

Section 25.
Food service establishments; disclosure of
8
total price.
A food service establishment is not required to
9
provide the total price within the display price of food or
10
beverages. A food service establishment shall provide notice
11
of a consumer fee or charge established and levied by the food
12
service establishment prior to the purchase of the food or
13
beverage within any available commercial channels referenced
14
in this subsection. A food service establishment may use any
15
reasonable method available to provide notice of the total
16
price, including, but not limited to, the following commercial
17
channels:
18

(1) at the establishment's premises on a menu, on a
19

tabletop or countertop display, through posted signage, or
20

by a contract for banquet, event or catering services that
21

fully discloses the terms of service;
22

(2) on the establishment's website where food and
23

beverage prices are advertised;
24

(3) on a screen, monitor, or other interactive
25

display;

SB1486 Engrossed
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1

(4) email, text message, mobile or computer
2

application, or any other electronic or digital
3

communication;
4

(5) in-store consumer promotions, advertisement, or
5

any other similar display;
6

(6) membership, loyalty, or reward program or any
7

other similar program; or
8

(7) any other reasonable means available to the food
9

service establishment.

10

Section 30.
Limitations.
11

(a) Nothing in this Act shall be construed to limit,
12
regulate, or prohibit a person, retail mercantile
13
establishment, or food service establishment's ability to set
14
prices for goods or services.
15

(b) It is not a violation of this Act for a person to
16
advertise, display, or offer the current bid in an ongoing
17
auction, provided that the bid discloses clearly and
18
conspicuously all amounts that the buyer would be required to
19
pay if the bid was accepted.
20

(c) The requirements of this Act do not apply to:
21

(1) a wholesale club that sells consumer goods or
22

services through a membership model;
23

(2) a rental company that excludes from the
24

advertised, displayed, or offered price of a rental
25

vehicle charges that are disclosed to the consumer in

SB1486 Engrossed
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LRB104 11472 SPS 21561 b
1

compliance with Section 6-305 of the Illinois Vehicle
2

Code;
3

(3) an air carrier that provides air transportation,
4

as those terms are used in 49 U.S.C. 41713;
5

(4) a provider of broadband Internet access service on
6

its own or as part of a bundle that complies with federal
7

broadband consumer requirements codified in 47 CFR 8.2(a)
8

and its affiliates and subsidiaries;
9

(5) a person that complies with federal pricing
10

transparency requirements set forth in 47 CFR 8.2(a) and
11

47 CFR 76.310 and the person's affiliates and
12

subsidiaries;
13

(6) a place of short-term lodging that complies with
14

federal pricing transparency requirements and provisions
15

set forth in 16 CFR 464a;
16

(7) an insurance company that is subject to regulation
17

under the Illinois Insurance Code; and
18

(8) a telecommunications carrier as defined in Section
19

13-202 of the Public Utilities Act, a provider of wireless
20

services as described in Section 13-804 of the Public
21

Utilities Act, or an interconnected VoIP provider as
22

defined in Section 13-235 of the Public Utilities Act.
23

(d) Nothing in this Act shall be construed to alter,
24
amend, or supersede the motor vehicle advertising rules
25
established under 14 Ill. Adm. Code 475, as authorized by the
26
Consumer Fraud and Deceptive Business Practices Act.

SB1486 Engrossed
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LRB104 11472 SPS 21561 b
1

(e) Any person that disseminates an advertisement and is
2
independent of the advertiser is not liable for a violation of
3
this Act based on the content of the advertisement.

4

Section 35.
Interaction with other laws.
5

(a) Nothing in this Act alters any federal law or
6
regulation.
7

(b) Nothing in this Act shall infringe or impede on any
8
right or remedy available under State law or rule.
9

(c) This Act is enforceable unless preempted by federal
10
law.
11

(d) Nothing in this Act prohibits a person from offering
12
goods or services at a discounted price from the advertised,
13
displayed, or offered price.

14

Section 40.
Enforcement under the Consumer Fraud and
15
Deceptive Business Practices Act.
The Attorney General may
16
enforce violations of this Act as an unlawful practice under
17
the Consumer Fraud and Deceptive Business Practices Act. All
18
remedies, penalties, and authority granted to the Attorney
19
General by that Act shall be available to the Attorney General
20
for the enforcement of this Act.

21

Section 45.
Home rule.
The disclosure of the total price
22
of a good or service is an exclusive power and function of the
23
State. A home rule unit may not regulate the disclosure of

SB1486 Engrossed
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LRB104 11472 SPS 21561 b
1
total prices by retail mercantile establishments or food
2
service establishments. This Section is a denial and
3
limitation of home rule powers and functions under subsection
4
(h) of Section 6 of Article VII of the Illinois Constitution.

5

Section 90.
The Consumer Fraud and Deceptive Business
6
Practices Act is amended by adding Section 2HHHH as follows:

7

(815 ILCS 505/2HHHH new)
8

Sec. 2HHHH.
Violations of the Junk Fee Ban Act.
A person
9
who violates the Junk Fee Ban Act commits an unlawful practice
10
within the meaning of this Act. The provisions of Section 10a
11
do not apply to a violation of this Section.

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