HB 1811

Abstract

Amends the Equal Pay Act and the Consumer Fraud and Deceptive Business Practices Act. Provides that when using predictive data analytics in determining creditworthiness or in making hiring decisions, the use of predictive data analytics may not include information that correlates with the race or zip code of the applicant for credit or employment. Provides that a person or entity that relies either partially or fully on predictive data analytics to determine a consumer's creditworthiness may not allow information about the consumer's preference that correlates with the consumer's race or zip code to influence any conclusion regarding the consumer's creditworthiness. Provides that a person or entity that violates the provision commits an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. House Floor Amendment No. 3 Deletes reference to: 815 ILCS 505/2WWW new Adds reference to: 815 ILCS 505/2AAAA new Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment No. 2 with the following changes: Further amends the Illinois Human Rights Act. Provides that nothing in the Act shall be construed to prevent the use of predictive data analytics to support the inclusion of diverse candidates in making employment decisions. Provides that the definition of "predictive data analytics" means the use of automated machine learning algorithms for the purpose of statistically analyzing a person's (rather than an employee's) behavior. Further amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a person or entity that relies either partially or fully on predictive data analytics to determine a consumer's creditworthiness may not allow the use of information about the consumer that assigns specific risk factors to the consumer's race or zip code resulting in rejection of credit or other adverse credit-related action to a consumer (rather than to influence any conclusion regarding the consumer's creditworthiness). Provides that a person or entity that uses predictive data analytics to determine the creditworthiness of more than 50 consumers in a calendar year who are Illinois residents shall devise procedures to ensure that it does not consider information that assigns specific risk factors to a consumer's race or zip code when rejecting or taking other adverse action on a consumer's application for credit (rather than when determining a consumer's creditworthiness). Makes other changes.