SB3657 104TH GENERAL ASSEMBLY

LRB104 19464 SPS 32912 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3657

Introduced 2/5/2026, by Sen. Robert F. Martwick

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2MMMM new
815 ILCS 505/2NNNN new

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a grocery store that offers a digital coupon to consumers for the purchase of goods must make available a corresponding physical or paper copy of the coupon of equal value to consumers upon request. Provides that the paper coupons shall be easily accessible at the service desk and may also be placed in other locations around the store. Provides that a person may not use surveillance-based price setting or use surveillance data as part of an automated decision system to inform the individualized price assessed to a consumer for goods or services. Sets forth limitations to the provision. Provides that a violation of either provision is an unlawful practice within the meaning of the Act.

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 Sections 2MMMM and 2NNNN as follows:

(815 ILCS 505/2MMMM new)

Sec. 2MMMM. Grocery store coupons.

(a) As used in this Section:

"Digital coupon" means any coupon, rebate, discount, or similar instrument offered by a grocery store in an electronic format through its website or mobile application, including, but not limited to, digital coupons offered pursuant to a loyalty or rewards program.

"Loyalty or rewards program" means any system, program, contract, or agreement offered by a grocery store that provides benefits to returning customers.

(b) A grocery store that offers a digital coupon to consumers for the purchase of goods shall make available a corresponding physical or paper copy of the coupon of equal value to consumers upon request. The paper coupons shall be easily accessible at the service desk and may also be placed in other locations around the store.

(c) Any digital discount price shall be clearly shown where goods are displayed or on each individual item offered for sale.

(d) A grocery store shall post a sign or notice at or near the checkout register, in a location visible to consumers, stating that digital coupons are available in corresponding physical or paper copies and will be honored upon request even if the consumer has not signed up for the electronic medium where the digital coupon was offered.

(e) This Section does not apply to a grocery store that operates exclusively online.

(f) A grocery store that violates this Section commits an unlawful practice within the meaning of this Act.

(815 ILCS 505/2NNNN new)

Sec. 2NNNN. Surveillance-based price discrimination prohibited.

(a) As used in this Section:

"Automated decision system" means any system, software, or process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure, that uses computation, the result of which is used to assist or replace human decision-making.

"Behaviors" means an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including an individual's political, personal, or professional affiliations, web browsing history, purchase history, financial circumstances, or consumer behaviors.

"Biometric information" means data or information generated by the technological, processing, measurement, or analysis of a consumer's biological, physical, or behavioral characteristics, that can be used for the purpose of uniquely identifying an individual. "Biometric information" includes fingerprints, voiceprints, scans or records of an eye retina or iris, facial maps, facial geometry, facial templates, genetic information, or other unique biological, physical, or behavioral patterns or characteristics.

"Individualized" means specific to an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometric information.

"Personal characteristics" means individual qualities, features, attributes, or traits, including immutable characteristics, such as race and eye color, mutable characteristics, such as address, weight, citizenship, or parenthood status, and any other personally identifiable information that could be used to identify an individual, including social security number, name, or phone number.

"Surveillance data" means data obtained through observation, inference, or surveillance of a consumer or employee that is related to personal information, including, but not limited to, personal characteristics, behaviors, or biometric information of the individual or group, band, class, or tier of individuals of which the individual is a part. "Surveillance data" includes information gathered, purchased, or otherwise acquired.

"Surveillance-based price setting" means using an automated decision system to offer or inform a customized price for a good or service for a specific person or consumer, or group of people or consumers, based, in whole or in part, on surveillance data.

(b) A person may not use surveillance-based price setting or use surveillance data as part of an automated decision system to inform the individualized price assessed to a consumer for goods or services.

(c) This Section does not apply to:

(1) a difference in price is based solely on reasonable costs associated with providing the good or service to different consumers;

(2) a discounted price is offered to members of a broadly defined group, including teachers, veterans, senior citizens, or students, based on publicly disclosed eligibility criteria; or

(3) a discounted price is offered through a loyalty, membership, or rewards program that consumers affirmatively enrolled in, including signing up for a mailing list, registering for promotional communication, or participating in a promotional event.

(d) A person that violates this Section commits an unlawful practice within the meaning of this Act.