HB 4629

Abstract

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for a person to advertise, display, or offer a price for goods or services that does not include all mandatory fees and charges other than: (1) taxes or fees imposed by a unit of government on the transaction; and (2) postage or carriage charges that will be reasonably and actually incurred to ship the physical goods to the consumer. Provides that specified transactions are excluded from the provision. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice under 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; or (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. House Floor Amendment No. 2 Deletes reference to: 815 ILCS 505/2EEEE new Adds reference to: New Act Replaces everything after the enacting clause. 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; the disclosure of total payment obligations for physical fitness services; and the disclosure of delivery fees. Provides for limitations of the Act. 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. House Floor Amendment No. 3 Deletes reference to: 815 ILCS 505/2EEEE new Adds reference to: New Act Replaces everything after the enacting clause. 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 for limitations of the Act. 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.