Illinois House Bill HB1080

Illinois 2023-2024 Regular Session

• Introduced: 1/12/23
• Refer: 2/15/23
• Refer: 1/12/23
• Refer: 3/10/23

Caption

CONSUMER FRAUD-DEBIT CARD HOLD

Impact

This legislation is likely to have a significant impact on business practices in Illinois, as it seeks to ensure that consumers are adequately informed before a hold is placed on their accounts. By requiring disclosures to be made at unmanned terminals or fuel pumps, the bill addresses a common scenario where consumers may be unaware of preauthorization holds being placed on their accounts. Noncompliance will be considered an unlawful practice, which could lead to legal repercussions for businesses that fail to adhere to the new requirements.

Summary

House Bill 1080 aims to amend the Consumer Fraud and Deceptive Business Practices Act by instituting specific requirements for businesses that initiate debit card preauthorization holds exceeding $2. The bill mandates that any person engaging in such transactions must disclose to the customer at the point of sale that a preauthorization hold will be placed on their account. Furthermore, if the exact amount of the hold is known, it must be communicated to the customer. This disclosure is intended to enhance transparency and protect consumers from unexpected fees or holds on their debit cards.

Contention

Nevertheless, the bill may face contention over concerns related to operational and compliance burdens on businesses. Critics might argue that the additional responsibilities imposed on merchants, especially smaller entities, could complicate transactions and create logistical challenges. Proponents, however, would emphasize the need for consumer protection and the importance of transparency in financial transactions as the primary goals of HB1080.