In one paragraph
Illinois's HB 4985 would create the Surveillance-Based Price Discrimination Act, barring a person from using surveillance data as part of an automated decision system to inform the individualized price charged to a consumer. The Attorney General and aggrieved consumers could sue. Filed February 4, 2026; assigned to the Consumer Protection Committee March 18 and re-referred to the Rules Committee March 27, 2026; it has not passed either house.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
If enacted, sellers could not use surveillance data in automated systems to set individualized consumer prices, and would face Attorney General penalties and private lawsuits.
Key provisions
- A person may not use surveillance data as part of an automated decision system to inform the individualized price assessed to a consumer; charging different prices based on the cost of providing the good or service is not a violation (Sec. 10)
- 'Automated decision system' includes systems derived from machine learning, statistics or artificial intelligence techniques that assist or replace human decision-making (Sec. 5)
- Exempts insurers complying with the Insurance Code that use only risk-relevant data, and refusals to extend credit based on a consumer report under the Fair Credit Reporting Act (Sec. 10)
- The Attorney General enforces, with civil penalties of up to $10,000 per violation plus reasonable attorney's fees; each consumer or transaction is a separate violation (Sec. 15)
- An aggrieved person may sue for the greater of actual damages, $3,000 per violation, or (on clear and convincing proof of bad faith or intent) 3 times actual damages, plus costs and fees (Sec. 20)
- The Attorney General may adopt implementing rules (Sec. 30)
Latest legislative action
Mar 27, 2026. Rule 19(a) / Re-referred to Rules Committee
Sponsors (showing 5 of 17)
| Name | Role |
|---|---|
| Aaron M. Ortiz | Primary |
| Daniel V. Beiser | Primary |
| Harry Osterman | Primary |
| Jim Durkin | Primary |
| Kelly M. Cassidy D | Primary |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error