SB 2013 — FRAUD-HOTEL BOOKING SERVICE

*LRB10410262SPS20336b* SB2013 104THEngrossed GENERALLRB104 ASSEMBLY10262 StateSPS of20336 Illinoisb andAN 2026ACT SB2013concerning Introducedbusiness. 2/6/2025, by Sen.

Steve Stadelman SYNOPSIS AS INTRODUCED:

ILCS 505/2HHHH new Amends the Consumer Fraud and Deceptive Business Practices Act.

Provides that it is an unlawful practice for any third-party hotel booking service to facilitate the reservation or booking of a physical accommodation in the State without providing specified disclosures to the consumer.

Sets forth requirements for the disclosure, including that it is clear and conspicuous.

Defines terms.

Effective January 1, 2026.

LRB104 10262 SPS 20336 b A BILL FOR SB2013 LRB104 10262 SPS 20336 b AN ACT concerning business.

Section 1.

Short title.

This Act may be cited as the Stop Online Booking Scams Act.

TheDefinitions. Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2HHHH as follows:

(815As ILCSused 505/2HHHHin new)this Sec.Act:

2HHHH."Affiliation contract" means a contract between an online platform and (i) the owner of the physical accommodation, (ii) the entity that operates the physical accommodation, (iii) the franchisor of the physical accommodation, or (iv) any entity authorized to enter into contracts for online booking services on behalf of the owner, operator, or franchisor.

Third-party"Exhibition hotelorganizer bookingor servicemeeting disclosures.planner" means the person responsible for all aspects of planning, promoting, and producing a meeting, conference, event, or exhibition, including overseeing and arranging all physical accommodation reservation plans and contracts for the meeting, conference, event, or exhibition.

(a)"Online Asplatform" usedmeans ina thiswebsite, Section:mobile application, call center, service, artificial intelligence system, automated agent, or functionally similar technology that facilitates the reservation or booking of physical accommodations.

"ClearSB2013 andEngrossed conspicuous"- means2 easily- understandableLRB104 and10262 presentedSPS in20336 ab manner"Physical thataccommodation" standshas outthe frommeaning anygiven accompanyingto informationthe thatterm renders"hotel" itin readilythe apparent,Hotel unavoidable,Operators' readable,Occupation andTax understandable.Act.

"Clear"Shared andhotel conspicuous"brand" includes:means an identifying trademark that a hotel operator is expressly licensed to operate under in accordance with the terms of a hotel franchise or management agreement.

(i)"Third-party forhotel abooking textwebsite" disclosure,means textan online platform that isfacilitates ofthe sufficientreservation size,or color,booking contrast,of duration,physical andaccommodations locationin this State for aconsumers consumerthat tois easilynot readdirectly andaffiliated understand;with the physical accommodation being reserved or booked.

and"Third-party (ii)hotel forbooking anwebsite" audiodoes disclosure,not audioinclude: that is of sufficient volume, speed, and cadence for a consumer to easily hear and understand.

"Physical(1) accommodation"an hasonline theplatform meaningthat givenis tooperated theunder terma "hotel"shared inhotel thebrand; Hotel Operators' Occupation and Tax Act.

"Third-party(2) hotel booking service" means an online platform,platform website, phone or mobile application, call center, or service that facilitates the reservation or booking of physical accommodations inby thisconnecting Stateconsumers forto consumersoperators thatand isowners notof SB2013rental -properties, 2hotels, -motels, LRB104or 10262other SPSshort-term 20336accommodations, bif directlythe affiliatedonline withplatform has an affiliation contract for the physical accommodation beingfor reservedwhich orthe booked.online platform is facilitating bookings;

"Third-partyor hotel(3) bookingan service"exhibition doesorganizer notor includemeeting anyplanner onlineor platform,the website,official phonehousing orbureau mobilefor application,a callmeeting, center,conference, event, or serviceexhibition operatedheld byat the physical accommodation.

(b)Section It10. is an unlawful practice within the meaning of this Act for any third-party hotel booking service to facilitate the reservation or booking of a physical accommodation in this State without providing a disclosure to the consumer that includes the following information:

(1)Requirements thefor third-party hotel booking serviceSB2013 isEngrossed a- third-party3 booking- serviceLRB104 and10262 notSPS directly20336 affiliatedb withwebsites. the physical accommodation;

andA (2)third-party thehotel consumerbooking iswebsite shall not directlyfacilitate makingthe a reservation or booking withof the physical accommodationaccommodations andin thatthis theState third-partywithout hotelclearly bookingand serviceconspicuously isdisclosing asto an unaffiliated intermediary for the transaction.consumer that:

(c)(1) Athe disclosurethird-party satisfieshotel thebooking requirementswebsite ofis thisa Sectionthird-party ifbooking service and is not directly affiliated with the disclosure:physical accommodation;

(1)and (2) the consumer is displayednot indirectly making a clearreservation andor conspicuousbooking mannerwith on the webpagephysical oraccommodation interfaceitself thatand the consumerthird-party useshotel tobooking reservewebsite orfunctions bookas thean physicalunaffiliated accommodation;intermediary for the transaction.

(2)Section is15. presented before the consumer is presented any offer or information concerning a physical accommodation, including at the top of any search results or at the beginning of a spoken conversation;

SB2013Placement -of 3disclosure. - LRB104 10262 SPS 20336 b (3) appears before the consumer is asked to enter any personal information;

(4)(a) isThe madedisclosure throughrequired theunder sameSection means10 asshall be displayed in a clear and conspicuous manner on the communicationwebpage withor interface where the consumer;consumer selects physical accommodations for reservation or booking and shall appear first in any search results.

andA (5)disclosure is not contradictoryclear orand inconsistentconspicuous withif a consumer must take any otheraction informationto thatsee itit, issuch presentedas toclicking theon consumer.a hyperlink or hovering over an icon.

(d)(b) AThe disclosure doesshall notappear satisfyprior to the requirementsentry of thisany Sectionpersonal ifdata theand disclosure:shall be separate from any general terms and conditions or legal disclaimers.

(1)(c) requiresIn a consumer to take any additionaloral actioncommunication towith accessa it,consumer, including,the butdisclosure notshall limitedbe to,communicated clickingbefore onany aoffer hyperlink or hoveringinformation aregarding cursorthe overphysical anaccommodation. icon;

orSB2013 (2)Engrossed is- only4 included- inLRB104 the10262 third-partySPS hotel20336 bookingb service'sSection general20. terms and conditions or in any other place that requires the consumer to click through multiple links or read extensive legal text.

Prohibition on terms and conditions exclusivity.

The disclosure required under Section 10 shall not be included solely in the third-party hotel booking website's general terms and conditions or in any other section of the website that requires the consumer to click through multiple links or read extensive legal text.

Section 25.

Enforcement under the Consumer Fraud and Deceptive Business Practices Act.

The Attorney General may enforce violations of this Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.