Illinois 2025-2026 Regular Session

Illinois House Bill HB0062 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0062 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: New Act 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. LRB104 03568 SPS 13592 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0062 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: New Act New Act 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. LRB104 03568 SPS 13592 b LRB104 03568 SPS 13592 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0062 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	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.
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11	11	1 AN ACT concerning business.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Junk
15	15	5 Fee Ban Act.
16	16	6 Section 5. Definitions.
17	17	7 "Ancillary good or service" means any additional
18	18	8 merchandise offered to a consumer as part of the same
19	19	9 transaction.
20	20	10 "Advertisement" means a notice in any printed material,
21	21	11 television, Internet, email, text message, mobile or computer
22	22	12 application, or any other similar physical, electronic, or
23	23	13 digital communication regarding the sale of a consumer good or
24	24	14 service.
25	25	15 "Bar" or "tavern" means an establishment that is devoted
26	26	16 to the serving of alcoholic beverages for consumption by
27	27	17 guests on the premises and that derives no more than 50% of its
28	28	18 gross revenue from the sale of food consumed on the premises,
29	29	19 including, but not limited to, bars, taverns, nightclubs,
30	30	20 cocktail lounges, adult entertainment facilities, and
31	31	21 cabarets.
32	32	22 "Consumer goods or services" means goods and services that
33	33	23 are used or bought for use primarily for personal, family, or
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0062 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
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40	40	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.
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68	68	1 household purposes.
69	69	2 "Display price" means the displayed price of a consumer
70	70	3 good or service provided to the consumer within the retail
71	71	4 mercantile establishment's physical location or Internet,
72	72	5 email, text message, mobile or computer application, or any
73	73	6 other similar physical, electronic, or digital communication.
74	74	7 "Delivery fees" means any fee charged to a consumer for
75	75	8 providing delivery of consumer goods, food, or beverages.
76	76	9 "Food service establishment" means a bar, tavern, or
77	77	10 restaurant.
78	78	11 "Interchange fee" means a fee that a financial
79	79	12 institution, payment processor, credit card payment network,
80	80	13 or other person or entity charges a person, retail mercantile
81	81	14 establishment, or food service establishment when a consumer
82	82	15 uses a card, note, plate, coupon book, credit, or similar
83	83	16 device to purchase a consumer product or service.
84	84	17 "Place of short-term lodging" means a hotel, motel, inn,
85	85	18 short-term rental, or other place of lodging that advertises
86	86	19 at a price that is a nightly, hourly, or weekly rate.
87	87	20 "Person" means an individual, natural person, public or
88	88	21 private corporation, government, partnership, unincorporated
89	89	22 association, or other entity. "Person" does not include food
90	90	23 service establishment, or retail mercantile establishment.
91	91	24 "Pricing information" means any information relating to an
92	92	25 amount a consumer may pay as part of a transaction.
93	93	26 "Restaurant" means any business that is primarily engaged
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104	104	1 in the sale of ready-to-eat food for immediate consumption.
105	105	2 For the purpose of this definition, "primarily engaged" means
106	106	3 having sales of ready-to-eat food for immediate consumption
107	107	4 comprising at least 51% of the total sales, excluding the sale
108	108	5 of liquor.
109	109	6 "Retail mercantile establishment" means a business that
110	110	7 provides consumer goods and services to consumers at retail
111	111	8 and generates occupation or use tax revenue. "Retail
112	112	9 mercantile establishment" does not include a food service
113	113	10 establishment.
114	114	11 "Shipping charges" means the fees or charges that
115	115	12 reasonably reflect the amount to be incurred to send goods to a
116	116	13 consumer through the mail, including private mail services.
117	117	14 "Total price" means the maximum total of all fees or
118	118	15 charges a consumer shall pay for a good or service and any
119	119	16 mandatory ancillary good or service. "Total price" does not
120	120	17 include shipping charges or taxes, gratuities, interchange
121	121	18 fees, discounts regulated pursuant to the Sale Price Ad Act,
122	122	19 or fees collected and passed on to a quasi-governmental
123	123	20 entity, including any assessment fees associated with a
124	124	21 government created special district.
125	125	22 Section 10. Hidden and misleading fees. It is a violation
126	126	23 of this Act for a person to:
127	127	24 (1) offer, display, or advertise an amount a consumer
128	128	25 may pay for merchandise without clearly and conspicuously
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139	139	1 disclosing the total price;
140	140	2 (2) fail, in any offer, display, or advertisement that
141	141	3 contains an amount a consumer may pay, to display the
142	142	4 total price more prominently than any other pricing
143	143	5 information;
144	144	6 (3) misrepresent the nature and purpose of any amount
145	145	7 a consumer may pay, including the ability to refund the
146	146	8 fees and the identity of any merchandise for which fees
147	147	9 are charged;
148	148	10 (4) fail to disclose clearly and conspicuously before
149	149	11 the consumer consents to pay, the nature and purpose of
150	150	12 any amount a consumer may pay that is excluded from the
151	151	13 total price, including the ability to refund the fees and
152	152	14 the identity of any merchandise for which fees are
153	153	15 charged; or
154	154	16 (5) offer, display, or advertise, including through
155	155	17 direct offerings, third-party distribution, or metasearch
156	156	18 referrals, a total price for a place of short-term lodging
157	157	19 that does not include all required fees.
158	158	20 Section 15. Retail mercantile establishments; disclosure
159	159	21 of total price. A retail mercantile establishment is not
160	160	22 required to provide the total price in the display price of a
161	161	23 consumer good or service. A retail mercantile establishment
162	162	24 shall provide notice of a consumer fee or charge prior to the
163	163	25 purchase of the food or beverages. A retail mercantile
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174	174	1 establishment may use any reasonable method available to
175	175	2 provide notice of the total price, including, but not limited
176	176	3 to, the following commercial channels:
177	177	4 (1) on a screen, monitor, or other display at the
178	178	5 point of sale;
179	179	6 (2) website, Internet, email, text message, mobile or
180	180	7 computer application, or any other electronic or digital
181	181	8 communication;
182	182	9 (3) in-store consumer promotions, advertisement, or
183	183	10 any other similar display;
184	184	11 (4) membership, loyalty, or reward program or any
185	185	12 other similar program; or
186	186	13 (5) any other reasonable means available to the retail
187	187	14 mercantile establishment.
188	188	15 Section 20. Food service establishments; disclosure of
189	189	16 total price. A food service establishment is not required to
190	190	17 provide the total price within the display price of food or
191	191	18 beverages. A food service establishment shall provide notice
192	192	19 of a consumer fee or charge prior to the purchase of the food
193	193	20 or beverages. A food service establishment may use any
194	194	21 reasonable method available to provide notice of the total
195	195	22 price, including, but not limited to, the following commercial
196	196	23 channels:
197	197	24 (1) at the establishment's premises on a menu, on a
198	198	25 tabletop or countertop display, or through posted signage;
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209	209	1 (2) on the establishment's website where food and
210	210	2 beverage prices are advertised;
211	211	3 (3) on a screen, monitor, or other interactive
212	212	4 display;
213	213	5 (4) email, text message, mobile or computer
214	214	6 application, or any other electronic or digital
215	215	7 communication;
216	216	8 (5) in-store consumer promotions, advertisement, or
217	217	9 any other similar display;
218	218	10 (6) membership, loyalty, or reward program or any
219	219	11 other similar program; or
220	220	12 (7) any other reasonable means available to the food
221	221	13 service establishment.
222	222	14 Section 25. Disclosure of delivery fees.
223	223	15 (a) For consumer goods or services sold by a food service
224	224	16 establishment or retail mercantile establishment that will be
225	225	17 delivered by a third-party delivery service, the food service
226	226	18 establishment or retail mercantile establishment shall require
227	227	19 by contract with the third-party delivery service that the
228	228	20 third-party delivery service shall comply with Section 10.
229	229	21 (b) A food service establishment or retail mercantile
230	230	22 establishment is not responsible for violations of Section 10
231	231	23 solely as a result of a third-party delivery service failing
232	232	24 to comply with Section 10.
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243	243	1 Section 30. Limitations.
244	244	2 (a) Nothing in this Act shall be construed to limit,
245	245	3 regulate, or prohibit a retail mercantile establishment or
246	246	4 food establishment's ability to charge consumers fees or
247	247	5 similar charges associated with consumer goods, food,
248	248	6 beverages, or services.
249	249	7 (b) Nothing in this Act shall be construed to limit,
250	250	8 regulate, or prohibit a retail mercantile establishment's or
251	251	9 food establishment's ability to set prices for consumer goods
252	252	10 or services.
253	253	11 (c) The requirements of this Act do not apply to consumer
254	254	12 purchases made at wholesale clubs that sell consumer goods and
255	255	13 services through a membership model.
256	256	14 (d) Nothing in this Act alters any federal law or
257	257	15 regulation.
258	258	16 (e) Nothing in this Act shall infringe or impede on any
259	259	17 right or remedy available under State law or rule.
260	260	18 Section 35. Enforcement under the Consumer Fraud and
261	261	19 Deceptive Business Practices Act. The Attorney General may
262	262	20 enforce violations of this Act as an unlawful practice under
263	263	21 the Consumer Fraud and Deceptive Business Practices Act. All
264	264	22 remedies, penalties, and authority granted to the Attorney
265	265	23 General by that Act shall be available to the Attorney General
266	266	24 for the enforcement of this Act.
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