SB2013 104TH GENERAL ASSEMBLY

LRB104 10262 SPS 20336 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2013

Introduced 2/6/2025, by Sen. Steve Stadelman

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2HHHH new

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any third-party hotel booking service to facilitate the reservation or booking of a physical accommodation in the State without providing specified disclosures to the consumer. Sets forth requirements for the disclosure, including that it is clear and conspicuous. Defines terms. Effective January 1, 2026.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2HHHH as follows:

(815 ILCS 505/2HHHH new)

Sec. 2HHHH. Third-party hotel booking service disclosures.

(a) As used in this Section:

"Clear and conspicuous" means easily understandable and presented in a manner that stands out from any accompanying information that renders it readily apparent, unavoidable, readable, and understandable. "Clear and conspicuous" includes: (i) for a text disclosure, text that is of sufficient size, color, contrast, duration, and location for a consumer to easily read and understand; and (ii) for an audio disclosure, audio that is of sufficient volume, speed, and cadence for a consumer to easily hear and understand.

"Physical accommodation" has the meaning given to the term "hotel" in the Hotel Operators' Occupation and Tax Act.

"Third-party hotel booking service" means an online platform, website, phone or mobile application, call center, or service that facilitates the reservation or booking of accommodations in this State for consumers that is not directly affiliated with the physical accommodation being reserved or booked. "Third-party hotel booking service" does not include any online platform, website, phone or mobile application, call center, or service operated by the physical accommodation.

(b) It is an unlawful practice within the meaning of this Act for any third-party hotel booking service to facilitate the reservation or booking of a physical accommodation in this State without providing a disclosure to the consumer that includes the following information:

(1) the third-party hotel booking service is a third-party booking service and not directly affiliated with the physical accommodation; and

(2) the consumer is not directly making a reservation or booking with the physical accommodation and that the third-party hotel booking service is as an unaffiliated intermediary for the transaction.

(c) A disclosure satisfies the requirements of this Section if the disclosure:

(1) is displayed in a clear and conspicuous manner on the webpage or interface that the consumer uses to reserve or book the physical accommodation;

(2) is presented before the consumer is presented any offer or information concerning a physical accommodation, including at the top of any search results or at the beginning of a spoken conversation;

(3) appears before the consumer is asked to enter any personal information;

(4) is made through the same means as the communication with the consumer; and

(5) is not contradictory or inconsistent with any other information that it is presented to the consumer.

(d) A disclosure does not satisfy the requirements of this Section if the disclosure:

(1) requires a consumer to take any additional action to access it, including, but not limited to, clicking on a hyperlink or hovering a cursor over an icon; or

(2) is only included in the third-party hotel booking service's general terms and conditions or in any other place that requires the consumer to click through multiple links or read extensive legal text.

Section 99. Effective date. This Act takes effect January 1, 2026.