Amendment vs bill House Amendment 001 vs Engrossed

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HB4248 Engrossed LRB104 16598 SPS 29998 b AN ACT concerning business.
*LRB10416598SPS34912a* Rep.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Maura Hirschauer Filed:
Section 1.
3/24/2026 10400HB4248ham001 LRB104 16598 SPS 34912 a AMENDMENT TO HOUSE BILL 4248 AMENDMENT NO.
______.
Amend House Bill 4248 by replacing everything after the enacting clause with the following:
"Section 1.
This Act may be cited as the Algorithmic Pricing Prohibition Act.
This Act may be cited as the Algorithmic Pricing Transparency Act.
(1) Consumers increasingly purchase goods and services from businesses that collect and process browsing behavior, geolocation data, purchase history, and other personal data.
(1) Consumers increasingly purchase goods and services through online platforms that collect and process browsing behavior, geolocation data, purchase history, and other personal data.
(3) These practices, sometimes referred to as "surveillance pricing", may limit a consumer's ability to comparison-shop and may enable pricing based on a consumer's perceived willingness to pay.
(3) These practices, sometimes referred to as "surveillance pricing", may limit a consumer's ability to 10400HB4248ham001 -2- LRB104 16598 SPS 34912 a comparison-shop and may enable pricing based on a consumer's perceived willingness to pay.
(4) Prohibiting these practices is necessary to promote fair dealing, consumer protection, and market integrity.
(4) Transparency regarding the use of personal data in pricing practices is necessary to promote fair dealing, consumer protection, and market integrity.
HB4248 Engrossed - 2 - LRB104 16598 SPS 29998 b "Algorithmic pricing" means a price for consumer goods or services generated, in whole or in part, using an automated decision system, machine-learning model, or data-driven algorithm.
"Algorithmic pricing" means a price for goods or services generated, in whole or in part, using an automated decision system, machine-learning model, or data-driven algorithm.
"Consumer" means a natural person who is an Illinois resident acting only in an individual or household context.
"Baseline price" means the price for goods or services made available to consumers by a covered entity, excluding any discounts, coupons, promotional offers, limited-time sales, rebates, loyalty or club member pricing, or other reductions or incentives offered to the consumer that lower the total amount the consumer pays for the goods or services.
"Covered entity" means any person or entity that sells or offers to sell consumer goods or services to consumers in this State.
"Baseline price" does not include a higher price for goods or services made available to consumers by a covered entity for the purpose of offering a lower price through surveillance pricing or algorithmic pricing.
"Personal data" means information linked or reasonably linkable to a specific consumer, including, but not limited to, browsing history, search queries, geolocation data, prior purchases, digital identifiers, or demographic profile data.
"Baseline price" does not include any additional fees for premium or additional features.
"Personalized price" means a price for consumer goods or services that is set for a consumer based on the consumer's personal data.
"Clear and conspicuous" means a disclosure that is easily noticeable, understandable, and proximate to the pricing information presented to the consumer.
"Surveillance pricing" means algorithmic pricing that uses a consumer's personal data to generate a personalized price.
"Covered entity" means any person or entity that sells or offers to sell goods or services through an online platform to 10400HB4248ham001 -3- LRB104 16598 SPS 34912 a consumers in this State.
"Personal data" means information linked or reasonably linkable to a consumer, including, but not limited to, browsing history, search queries, geolocation data, prior purchases, digital identifiers, or demographic profile data.
"Personalized price increase" means a price for goods or services that is higher than the baseline price and is set for a consumer based on the consumer's personal data.
"Surveillance pricing" means algorithmic pricing that uses a consumer's personal data to generate a personalized price increase.
"Surveillance pricing" does not include any methods of lowering the baseline price for goods or services, including, but not limited to:
(1) the application of any discounts, coupons, promotional offers, rebates, limited-time sales, loyalty or club member pricing, or other reductions or incentives offered to the consumer that lower the total amount the consumer pays;
(2) price comparison tools, competitor price matching, or other comparison-based pricing mechanisms;
or (3) any other price reduction method that does not increase the baseline price to the consumer.
Surveillance pricing prohibition.
Mandatory disclosure of surveillance pricing.
A covered entity shall not engage in surveillance pricing.
(a) A covered entity shall provide a clear and conspicuous disclosure if the baseline price for a specific consumer is 10400HB4248ham001 -4- LRB104 16598 SPS 34912 a personalized and generated using surveillance pricing.
The disclosure must state:
THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.
(b) The disclosure required under subsection (a) shall be considered proximate to the pricing information if it is presented next to the price, at the point of checkout, or through a notice presented before completion of the transaction.
Application of law.
Consumer rights.
(a) A consumer may opt out of surveillance pricing.
(b) Upon request, a covered entity shall provide the consumer with a non-personalized baseline price for the goods or services.
Section 25.
Prohibited conduct.
(a) A covered entity shall not use the following information to generate algorithmic pricing:
(1) race;
(2) religion;
(3) sexual orientation;
(4) immigration status;
(5) medical information;
or (6) criminal history.
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(b) A covered entity shall not engage in deceptive or misleading personalized pricing practices.
10400HB4248ham001 -5- LRB104 16598 SPS 34912 a (c) A covered entity shall not inflate baseline prices or impose penalties on consumers who opt out of surveillance pricing under subsection (a) of Section 20.
Section 30.
Exceptions.
(1) fluctuations in the cost of acquiring, producing, HB4248 Engrossed - 3 - LRB104 16598 SPS 29998 b transporting, or distributing inventory, including, but not limited to, changes in wholesale prices, manufacturing costs, labor, insurance, or other input costs associated with providing goods or services to different consumers;
(1) fluctuations in the cost of acquiring, producing, transporting, or distributing inventory, including, but not limited to, changes in wholesale prices, manufacturing costs, labor, insurance, or other input costs associated with providing goods or services to different consumers;
(4) time-limited sales, promotions, or discounts that are offered in good faith and in the usual course of the seller's business, including introductory pricing, seasonal or clearance sales, and advertised promotional events;
(4) time-limited sales, promotions, or discounts that are offered in good faith and in the usual course of the 10400HB4248ham001 -6- LRB104 16598 SPS 34912 a seller's business, including introductory pricing, seasonal or clearance sales, and advertised promotional events;
(6) variations in shipping, delivery, or handling HB4248 Engrossed - 4 - LRB104 16598 SPS 29998 b costs, including fuel surcharges and carrier rate changes, and any pass-through of such costs to the consumer;
(6) variations in shipping, delivery, or handling costs, including fuel surcharges and carrier rate changes, and any pass-through of such costs to the consumer;
(7) application of any discounts, coupons, promotional offers, rebates, limited-time sales, loyalty or club member pricing, price comparison tools, competition price matching or other reductions or incentives offered to the consumer, including differentiated pricing based on participation in the programs, or accumulation or redemption of rewards;
(7) loyalty, membership, or rewards programs, including differentiated pricing based on participation in the programs, use of digital coupons, or accumulation or redemption of rewards, if the terms are disclosed and applied in a non-discriminatory manner;
(10) differential prices that are offered or provided to a consumer as a good faith credit, refund, rebate, or discount issued in response to:
or (10) any other bona fide price change that is reasonably attributable to legitimate business 10400HB4248ham001 -7- LRB104 16598 SPS 34912 a considerations, including changes in market demand, competitive conditions, or the seller's cost structure, if the price change is applied in a non-discriminatory manner to similarly situated consumers.
(A) a service disruption, error, or other failure to deliver a good or service as promised or expected;
(b) This Act does not apply to algorithmic pricing models that do not use personal data, including models based on aggregate market demand.
(B) a billing dispute or discrepancy;
(c) This Act does not apply to:
(C) a request for account retention or cancellation;
(1) any insurer or affiliate of the insurer or any artificial intelligence system, algorithmic pricing system, or surveillance pricing system deployed by or on behalf of an insurer or affiliate of the insurer;
or HB4248 Engrossed - 5 - LRB104 16598 SPS 29998 b (D) any other customer service interaction in which the person provides a credit, refund, rebate, or discount to address a consumer's concerns or to maintain the consumer relationship.
or (2) providers of financial services, including, but not limited to, financial institutions, financial institution affiliates, broker-dealers, registered investment advisors, and entities that provide consumer credit products, including credit cards, personal loans, and mortgages.
(b) This Act does not apply to algorithmic pricing models that do not use personal data, including models based on aggregate market demand, which includes changes in market demand, competitive conditions, and the seller's cost structure.
The provisions of paragraph (1) apply to any insurer or affiliate of the insurer that is regulated by the Department of Insurance.
(c) This Act does not apply to the use of consumer personal data for purposes of determining creditworthiness or underwriting a consumer's ability to repay.
Nothing in the paragraph shall be construed to delegate regulatory oversight over any insurer or affiliate of an insurer to any State agency other than the Department of Insurance.
(d) This Act does not apply to the pricing of any contract or policy of insurance that is subject to rules regarding pricing to consumers adopted by the Department of Insurance, including a surety contract, a dental service plan, a health care plan, a limited health care plan, or a voluntary health services plan.
Section 35.
(e) This Act does not apply to any provider of financial services, including a financial institution, a financial institution affiliate, a broker-dealer, a registered investment advisor, or an entity that provides consumer credit products, such as credit cards, personal loans, and mortgages, that is subject to rules adopted by the Department of Financial and Professional Regulation or rules or regulations adopted by any federal financial regulatory agency regarding HB4248 Engrossed - 6 - LRB104 16598 SPS 29998 b pricing or disclosures, including terms disclosed to consumers.
Enforcement.
Section 25.
A violation of any of the 10400HB4248ham001 -8- LRB104 16598 SPS 34912 a provisions of this Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
Enforcement by Attorney General.
All remedies, penalties, and authority granted to the Attorney General by that Act shall be available to him or her for the enforcement of this Act.
(a) The Attorney General may investigate a claim that a person violated this Act, including the following:
Section 40.
(1) require persons to file, on such terms as the Attorney General prescribes, a statement or report in writing under oath or otherwise, as to all information as the Attorney General may consider necessary;
(2) examine under oath any person in connection with the conduct of any trade or commerce;
(3) examine any merchandise or sample thereof, record, book, document, account, or paper as the Attorney General may consider necessary;
and (4) pursuant to an order of a circuit court, impound any record, book, document, account, paper, or sample of merchandise that is produced in accordance with this Act, and retain it in the Attorney General's possession until the completion of all proceedings in connection with which it is produced.
(b) The Attorney General may bring an action in the name of the People of this State to restrain or enjoin by preliminary or permanent injunction the person from violating this Act.
(c) In addition to bringing an action for injunctive relief under this Section, the Attorney General may seek HB4248 Engrossed - 7 - LRB104 16598 SPS 29998 b restitution and petition a circuit court for the assessment of a civil penalty as provided by this Section.
(d) A person who violates this Act is liable for a civil penalty of not more than $50,000 for each violation.
(e) The Attorney General may recover all reasonable costs of bringing an action under this Section, including court costs, reasonable attorney's fees, and investigation costs.
Section 30.
Section 35.
Section 45.
Rulemaking.
The Attorney General shall adopt rules to implement and administer this Act.
Section 50.
Section 90.
The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2MMMM as follows:
(815 ILCS 505/2MMMM new) Sec.
2MMMM.
Violations of the Algorithmic Pricing 10400HB4248ham001 -9- LRB104 16598 SPS 34912 a Transparency Act.
(a) A person who violates the Algorithmic Pricing Transparency Act commits an unlawful practice within the meaning of this Act.
(b) The provisions of Section 10a do not apply to a violation of this Section.
Section 99.
Effective date.
This Act takes effect January 1, 2028.".