Rep. Natalie A. Manley

Filed: 2/1/2022

 

 


 

 


 
10200HB2910ham001LRB102 12677 SPS 35025 a

1
AMENDMENT TO HOUSE BILL 2910

2    AMENDMENT NO. ______. Amend House Bill 2910 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2AAAA as follows:
 
6    (815 ILCS 505/2AAAA new)
7    Sec. 2AAAA. Disclosure of discounted price; grocery
8stores; supermarkets.
9    (a) As used in this Section:
10    "Discount" includes, but is not limited to, any coupon or
11promotion in an electronic, digital, paper, or any other
12format that offers a price reduction or credit for any goods to
13a consumer, either directly or indirectly, through redemption
14by a retailer.
15    "Person" means an individual, natural person, public or
16private corporation, government, partnership, unincorporated

 

 

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1association, or other entity.
2    "Retail mercantile establishment" means a retailer where
355% or more of its gross sales include nonprescription
4medicines and any cooked or uncooked article of food,
5beverage, alcohol, confection, or condiment, used for or
6intended to be used for human consumption off premises.
7    "Self-service checkout" means an interactive electronic
8terminal that facilitates an action or displays a piece of
9information and allows a consumer to pay for goods and
10services.
11    (b) If a discount is offered for an item, the retail
12mercantile establishment shall provide (i) the original price
13and the discounted price; (ii) the original price and a credit
14or reduction of the advertised savings; (iii) the amount saved
15or the amount reduced as a percentage; or (iv) any other format
16for showing the advertised savings of the discount to the
17consumer. The retail mercantile establishment may use any
18reasonable method available to provide notice of the
19advertised savings of the discount, including, but not limited
20to, the following commercial channels:
21        (1) by screen or other display at the point of sale;
22        (2) by paper or electronic receipt;
23        (3) by email, text message, mobile or computer
24    application, or any other electronic or digital
25    communication;
26        (4) by in-store consumer promotions, advertisement, or

 

 

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1    any other similar display;
2        (5) by membership, loyalty, or reward program or any
3    other similar program; or
4        (6) by any other reasonable means available to the
5    retail mercantile establishment.
6    Nothing in this Section shall prohibit a retail mercantile
7establishment from providing notice of discounts to consumers
8through more than one commercial channel or require the retail
9mercantile establishment to provide notice of discounts to
10consumers through more than one commercial channel.
11    (c) In order to be in compliance with this Section, a
12retail mercantile establishment may request information from
13the consumer that will facilitate the required notice of the
14discount to the consumer. A retail mercantile establishment
15subject to this Section that accepts information provided by
16the consumer shall be deemed in compliance with any law
17regulating the collection of personal or biometric
18information.
19    (d) If a consumer refuses to provide information to the
20retail mercantile establishment in order for the retail
21mercantile establishment to comply with this Section, the
22retail mercantile establishment shall not be liable under this
23Section.
24    (e) Consumer discounts are expressly allowed under 27 CFR
256.96. Notwithstanding 27 CFR 6.96, nothing in this Section,
26other laws, or rules shall be construed to regulate, limit, or

 

 

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1prohibit the terms of a consumer discount or the ability of a
2retail mercantile establishment from offering consumer
3discounts for any retail product.
4    (f) The final purchase price that includes discounted
5items offered by a retail mercantile establishment must be
6excluded from the amount upon which any fee is charged the
7retail mercantile establishment by any person when a consumer
8uses a card, note, plate, coupon book, credit, or any other
9similar device to purchase the discounted item or items.
10    (g) The requirements in subsection (b) do not apply to
11self-service checkout. Nothing in this Section, other laws, or
12rules shall be construed to limit, regulate, or prohibit the
13use of a self-service checkout by a retail mercantile
14establishment or the products or services purchased at a
15self-service checkout located on or within the premises of a
16retail mercantile establishment.
17    (h) The requirements in subsection (b) do not apply to
18consumer purchases made at a wholesale clubs that sell
19consumer goods and services through a membership model.
20    (i) The Attorney General shall provide notice of a
21violation of subsection (b) to a retail mercantile
22establishment. The retail mercantile establishment shall have
2390 days after the date of the Attorney General's notice of
24violation of subsection (b) to remedy the violation by
25providing the correct notice pursuant to the alternatives in
26subsection (b). Upon a subsequent identical violation within

 

 

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1one year after the 90-day remediation period, the retail
2mercantile establishment shall be liable for a $250 fine for
3each identical violation. A retail mercantile establishment
4shall not be fined in excess of $2,500 per year for violations
5under this Section.
6    (j) A violation of subsection (f) constitutes an unlawful
7practice within the meaning of this Act.
8    (k) The regulation of the notice of consumer discounts,
9the regulation of consumer discounts, and the regulation of
10self-service checkouts are exclusive powers of this State.".