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 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 powers.
Senate Committee Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that the requirements of this Act do not apply to (1) a rental company that excludes from the advertised, displayed, or offered price of a rental vehicle charges that are disclosed to the consumer in compliance with specified laws; (2) an air carrier that provides air transportation; or (3) a person that provides broadband or satellite Internet access service on its own or as part of a bundle in compliance with the broadband consumer label requirements under federal law. Provides that it is not a violation of this Act for a person to advertise, display, or offer the current bid in an ongoing auction, provided that the bid discloses clearly and conspicuously all amounts that the buyer would be required to pay if the bid was accepted. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Makes other changes.
Senate Floor Amendment No. 2: Replaces everything after the enacting clause. Reinserts the provisions of the bill, as amended by Senate Amendment No. 1, with the following changes. Provides that the Act does not apply to fees collected and passed on to a quasi-governmental entity, including any assessment fees associated with a government created special district. Provides that nothing in the Act shall be construed to alter, amend, or supersede specified motor vehicle advertising rules. Provides that any person that disseminates an advertisement and is independent of the advertiser is not liable for a violation of the Act based on the content of the advertisement. Provides for pricing disclosure requirements. Defines terms. Makes other changes.
Senate Floor Amendment No. 3: Makes changes to the definitions of "display price" and "retail mercantile establishment".
House Floor Amendment No. 2: Replaces everything after the enacting clause. Reinserts the provisions of the bill, as amended by House Amendment No. 1, with the following changes. In provisions concerning the notice of intention not to renew a policy of insurance, provides that no company may impose renewal premium increases of more than 10% for policies of automobile insurance and fire and extended coverage insurance (rather than for only policies of fire and extended coverage insurance) that are subject to certain cancellation requirements, unless the company mails or delivers by electronic means to the named insured and the Department of Insurance notice of the increase in renewal premium at least 60 days before the policy renewal or anniversary date. Changes the amount of motor vehicle crash prevention course classroom hours or eLearning hours necessary for any insured over the age of 55 to receive automobile insurance premium and rate reductions from 8 hours to 4 hours. Changes the Rates for Fire and Extended Coverage Insurance Article to the Rates for Automobile Insurance and Fire and Extended Coverage Insurance Article. Provides that the Article also applies to specified policies of automobile insurance. Effective July 1, 2027.
Statutes affected: Engrossed: 815 ILCS 505/2