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SB1486 - 104th General Assembly
CONSUMER FRAUD-FEE DISCLOSURE
Senate Sponsors
Sen. Omar Aquino - Graciela Guzmán - Don Harmon and Mike Simmons
House Sponsors
(Rep. Bob Morgan - Elizabeth "Lisa" Hernandez - Nabeela Syed - Kam Buckner, Aarón M. Ortíz, Barbara Hernandez, Hoan Huynh, Jennifer Gong-Gershowitz, Margaret Croke, Rick Ryan, Diane Blair-Sherlock, Martin J. Moylan, Jay Hoffman, Tracy Katz Muhl, Janet Yang Rohr, Theresa Mah, Matt Hanson, Kevin John Olickal, Sharon Chung, Terra Costa Howard, Robert "Bob" Rita, Justin Slaughter, Angelica Guerrero-Cuellar, Lisa Davis, Michael J. Kelly, Daniel Didech, Katie Stuart, Joyce Mason, Laura Faver Dias, Natalie A. Manley, Gregg Johnson, Jehan Gordon-Booth, Lindsey LaPointe, Ann M. Williams, Mary Gill, Martha Deuter, Abdelnasser Rashid, Maura Hirschauer, Sue Scherer, Anna Moeller, Thaddeus Jones, Harry Benton, Lilian Jiménez, Maurice A. West, II, Dagmara Avelar, La Shawn K. Ford, Norma Hernandez, Kelly M. Cassidy, Nicolle Grasse, Mary Beth Canty, Edgar González, Jr., Will Guzzardi, Robyn Gabel, Michelle Mussman, Anthony DeLuca, Stephanie A. Kifowit, Dave Vella, Suzanne M. Ness, William "Will" Davis, Curtis J. Tarver, II, Anne Stava, Jaime M. Andrade, Jr. and Michael Crawford)
Statutes Amended In Order of Appearance
New Act
Synopsis As Introduced
Creates the Junk Fee Ban Act. Provides that it is a violation of the Act for a person to: (1) offer, display, or advertise an amount a consumer may pay for merchandise without clearly and conspicuously disclosing the total price; (2) fail, in any offer, display, or advertisement that contains an amount a consumer may pay, to display the total price more prominently than any other pricing information; (3) misrepresent the nature and purpose of any amount a consumer may pay, including the ability to refund the fees and the identity of any merchandise for which fees are charged; (4) fail to disclose clearly and conspicuously before the consumer consents to pay, the nature and purpose of any amount a consumer may pay that is excluded from the total price, including the ability to refund the fees and the identity of any merchandise for which fees are charged; or (5) offer, display, or advertise, including through direct offerings, third-party distribution, or metasearch referrals, a total price for a place of short-term lodging that does not include all required fees. Requires total price disclosures for retail mercantile establishments and food service establishments; and the disclosure of delivery fees. Provides that the Attorney General may enforce violations of the Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Preempts home rule powers.
Senate Committee Amendment No. 1
Adds reference to:
815 ILCS 505/2HHHH new
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that the requirements of this Act do not apply to (1) a rental company that excludes from the advertised, displayed, or offered price of a rental vehicle charges that are disclosed to the consumer in compliance with specified laws; (2) an air carrier that provides air transportation; or (3) a person that provides broadband or satellite Internet access service on its own or as part of a bundle in compliance with the broadband consumer label requirements under federal law. Provides that it is not a violation of this Act for a person to advertise, display, or offer the current bid in an ongoing auction, provided that the bid discloses clearly and conspicuously all amounts that the buyer would be required to pay if the bid was accepted. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Makes other changes.
Senate Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the bill, as amended by Senate Amendment No. 1, with the following changes. Provides that the Act does not apply to fees collected and passed on to a quasi-governmental entity, including any assessment fees associated with a government created special district. Provides that nothing in the Act shall be construed to alter, amend, or supersede specified motor vehicle advertising rules. Provides that any person that disseminates an advertisement and is independent of the advertiser is not liable for a violation of the Act based on the content of the advertisement. Provides for pricing disclosure requirements. Defines terms. Makes other changes.
Senate Floor Amendment No. 3
Makes changes to the definitions of "display price" and "retail mercantile establishment".
Actions
| Date | Chamber | Action |
|---|---|---|
| 1/31/2025 | Senate | Filed with Secretary by Sen. Omar Aquino |
| 1/31/2025 | Senate | First Reading |
| 1/31/2025 | Senate | Referred to Assignments |
| 2/11/2025 | Senate | Assigned to Judiciary |
| 2/25/2025 | Senate | Added as Chief Co-Sponsor Sen. Graciela Guzmán |
| 3/14/2025 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Omar Aquino |
| 3/14/2025 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
| 3/18/2025 | Senate | Senate Committee Amendment No. 1 Assignments Refers to Judiciary |
| 3/19/2025 | Senate | Added as Chief Co-Sponsor Sen. Don Harmon |
| 3/19/2025 | Senate | Senate Committee Amendment No. 1 Adopted |
| 3/19/2025 | Senate | Do Pass as Amended Judiciary; 006-003-000 |
| 3/19/2025 | Senate | Placed on Calendar Order of 2nd Reading March 20, 2025 |
| 4/09/2025 | Senate | Added as Co-Sponsor Sen. Mike Simmons |
| 4/10/2025 | Senate | Second Reading |
| 4/10/2025 | Senate | Placed on Calendar Order of 3rd Reading April 11, 2025 |
| 4/11/2025 | Senate | Rule 2-10 Third Reading Deadline Established As May 9, 2025 |
| 5/06/2025 | Senate | Senate Floor Amendment No. 2 Filed with Secretary by Sen. Omar Aquino |
| 5/06/2025 | Senate | Senate Floor Amendment No. 2 Referred to Assignments |
| 5/07/2025 | Senate | Senate Floor Amendment No. 2 Assignments Refers to Judiciary |
| 5/08/2025 | Senate | Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000 |
| 5/08/2025 | Senate | Senate Floor Amendment No. 3 Filed with Secretary by Sen. Omar Aquino |
| 5/08/2025 | Senate | Senate Floor Amendment No. 3 Referred to Assignments |
| 5/08/2025 | Senate | Senate Floor Amendment No. 3 Be Approved for Consideration Assignments |
| 5/08/2025 | Senate | Recalled to Second Reading |
| 5/08/2025 | Senate | Senate Floor Amendment No. 2 Adopted; Aquino |
| 5/08/2025 | Senate | Senate Floor Amendment No. 3 Adopted; Aquino |
| 5/08/2025 | Senate | Placed on Calendar Order of 3rd Reading |
| 5/08/2025 | Senate | Third Reading - Passed; 053-001-000 |
| 5/08/2025 | House | Arrived in House |
| 5/08/2025 | House | Chief House Sponsor Rep. Bob Morgan |
| 5/09/2025 | House | First Reading |
| 5/09/2025 | House | Referred to Rules Committee |
| 5/13/2025 | House | Assigned to Consumer Protection Committee |
| 5/13/2025 | House | Committee/Final Action Deadline Extended-9(b) May 31, 2025 |
| 5/16/2025 | House | Added Alternate Chief Co-Sponsor Rep. Elizabeth "Lisa" Hernandez |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Aarón M. Ortíz |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Barbara Hernandez |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Hoan Huynh |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Jennifer Gong-Gershowitz |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Margaret Croke |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Rick Ryan |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Diane Blair-Sherlock |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Martin J. Moylan |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Jay Hoffman |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Tracy Katz Muhl |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Janet Yang Rohr |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Theresa Mah |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Matt Hanson |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Kevin John Olickal |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Sharon Chung |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Terra Costa Howard |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Robert "Bob" Rita |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Sonya M. Harper |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Justin Slaughter |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Angelica Guerrero-Cuellar |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Lisa Davis |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Michael J. Kelly |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Daniel Didech |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Katie Stuart |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Joyce Mason |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Laura Faver Dias |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Natalie A. Manley |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Gregg Johnson |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Jehan Gordon-Booth |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Lindsey LaPointe |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Michael Crawford |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Ann M. Williams |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Mary Gill |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Martha Deuter |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Abdelnasser Rashid |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Maura Hirschauer |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Sue Scherer |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Anna Moeller |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Thaddeus Jones |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Harry Benton |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Lilian Jiménez |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Maurice A. West, II |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Dagmara Avelar |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. La Shawn K. Ford |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Norma Hernandez |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Kelly M. Cassidy |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Nicolle Grasse |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Mary Beth Canty |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Edgar González, Jr. |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Will Guzzardi |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Robyn Gabel |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Michelle Mussman |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Anthony DeLuca |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Stephanie A. Kifowit |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Dave Vella |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Marcus C. Evans, Jr. |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Kam Buckner |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Suzanne M. Ness |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. William "Will" Davis |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Curtis J. Tarver, II |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Anne Stava |
| 5/20/2025 | House | Added Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr. |
| 5/20/2025 | House | Do Pass / Short Debate Consumer Protection Committee; 009-000-000 |
| 5/20/2025 | House | Alternate Co-Sponsor Removed Rep. Kam Buckner |
| 5/21/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 5/21/2025 | House | Second Reading - Short Debate |
| 5/21/2025 | House | Held on Calendar Order of Second Reading - Short Debate |
| 5/22/2025 | House | Added Alternate Chief Co-Sponsor Rep. Nabeela Syed |
| 5/29/2025 | House | Alternate Co-Sponsor Removed Rep. Marcus C. Evans, Jr. |
| 5/29/2025 | House | Alternate Co-Sponsor Removed Rep. Michael Crawford |
| 5/29/2025 | House | Alternate Co-Sponsor Removed Rep. Sonya M. Harper |
| 5/30/2025 | House | Added Alternate Chief Co-Sponsor Rep. Kam Buckner |
| 5/30/2025 | House | Added Alternate Co-Sponsor Rep. Michael Crawford |
| 5/31/2025 | House | Third Reading/Final Action Deadline Extended-9(b) June 1, 2025 |
| 6/01/2025 | House | Rule 19(a) / Re-referred to Rules Committee |