HB2943 102ND GENERAL ASSEMBLY

LRB102 02874 JLS 12883 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2943

Introduced 2/19/2021, by Rep. Barbara Hernandez - Jonathan Carroll - Jawaharial Williams, Lakesia Collins and Michael J. Zalewski

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2WWW new

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a warning must be displayed when an interactive digital entertainment product utilizes a loot box in its operations. Sets forth the contents of the warning. Provides that a failure to display the required warning is an unlawful practice. Defines terms.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2WWW as follows:

(815 ILCS 505/2WWW new)

Sec. 2WWW. Limitation on publication or distribution of video games that utilize loot boxes.

(a) In this Section:

"Add-on transaction" means, with respect to an interactive digital entertainment product, a payment to the game publisher of an interactive digital entertainment product, an affiliate of the publisher, or any other person who accepts the payment for the benefit of the publisher, of either money or an in-game proxy for money, such as a virtual currency, that can be purchased with money, that:

(1) unlocks a feature of the product; or

(2) adds to or enhances the entertainment value of the product.

"Digital game distributor" means a person that, for commercial purposes, in interstate or foreign commerce, distributes an interactive digital entertainment product over an online platform to over 1,000 users annually.

"Game publisher" means a person that, for commercial purposes, in interstate or foreign commerce, develops or finances the development of an interactive digital entertainment product that is distributed to over 1,000 users annually.

"Interactive digital entertainment product" means a program such as a video game that is accessed by a connected device and provides an interactive entertainment experience for the user.

"Loot box" means an add-on transaction to an interactive digital entertainment product that:

(1) in a randomized or partially randomized fashion:

(A) unlocks a feature of the product; or

(B) adds to or enhances the entertainment value of the product; or

(2) allows the user to make one or more additional add-on transactions:

(A) that the user could not have made without making the first add-on transaction; and

(B) the content of which is unknown to the user until after the user has made the first add-on transaction.

(b) An interactive digital entertainment product that utilizes a loot box must display a warning immediately before a consumer may access the loot box. The warning shall be conspicuously displayed and contain the following:

"Attention Parents: A Loot Box System exists in this game that permits an unlimited amount of REAL MONEY to be spent without any age restriction. REAL MONEY is exchanged for random digital items. This process has been linked to REAL LIFE GAMBLING ADDICTIONS in both children and adults. Please regulate your own spending as well as your children's spending.".

(c) It is an unlawful practice within the meaning of this Act for a digital game distributor to distribute an interactive digital entertainment product that utilizes a loot box and that does not display the warning required under subsection (b).

(d) It is an unlawful practice within the meaning of this Act for a game publisher to publish an interactive digital entertainment product that utilizes a loot box and that does not display the warning required under subsection (b).

(e) A digital game distributor that violates this Section commits an unlawful practice within the meaning of this Act and, in addition, is liable in a civil action for damages resulting from the violation.

(f) A game publisher that violates this Section commits an unlawful practice within the meaning of this Act and, in addition, is liable in a civil action for damages resulting from the violation.