HB 3173

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Full Text of HB3173
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	HB3173 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3173
Introduced 2/18/2025, by Rep. Dave Vella
SYNOPSIS AS INTRODUCED:
815 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 10263 SPS 20337 b
A BILL FOR
		HB3173		LRB104 10263 SPS 20337 b
1    AN ACT concerning business.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2HHHH as follows:
6    (815 ILCS 505/2HHHH new)
7    Sec. 2HHHH. Third-party hotel booking service disclosures.
8    (a) As used in this Section:
9    "Clear and conspicuous" means easily understandable and 
10presented in a manner that stands out from any accompanying 
11information that renders it readily apparent, unavoidable, 
12readable, and understandable. "Clear and conspicuous" 
13includes: (i) for a text disclosure, text that is of 
14sufficient size, color, contrast, duration, and location for a 
15consumer to easily read and understand; and (ii) for an audio 
16disclosure, audio that is of sufficient volume, speed, and 
17cadence for a consumer to easily hear and understand.
18    "Physical accommodation" has the meaning given to the term 
19"hotel" in the Hotel Operators' Occupation and Tax Act.
20    "Third-party hotel booking service" means an online 
21platform, website, phone or mobile application, call center, 
22or service that facilitates the reservation or booking of 
23accommodations in this State for consumers that is not 
		HB3173	- 2 -	LRB104 10263 SPS 20337 b
1directly affiliated with the physical accommodation being 
2reserved or booked. "Third-party hotel booking service" does 
3not include any online platform, website, phone or mobile 
4application, call center, or service operated by the physical 
5accommodation.
6    (b) It is an unlawful practice within the meaning of this 
7Act for any third-party hotel booking service to facilitate 
8the reservation or booking of a physical accommodation in this 
9State without providing a disclosure to the consumer that 
10includes the following information:
11        (1) the third-party hotel booking service is a 
12    third-party booking service and not directly affiliated 
13    with the physical accommodation; and
14        (2) the consumer is not directly making a reservation 
15    or booking with the physical accommodation and that the 
16    third-party hotel booking service is as an unaffiliated 
17    intermediary for the transaction.
18    (c) A disclosure satisfies the requirements of this 
19Section if the disclosure:
20        (1) is displayed in a clear and conspicuous manner on 
21    the webpage or interface that the consumer uses to reserve 
22    or book the physical accommodation;
23        (2) is presented before the consumer is presented any 
24    offer or information concerning a physical accommodation, 
25    including at the top of any search results or at the 
26    beginning of a spoken conversation;
		HB3173	- 3 -	LRB104 10263 SPS 20337 b
1        (3) appears before the consumer is asked to enter any 
2    personal information;
3        (4) is made through the same means as the 
4    communication with the consumer; and
5        (5) is not contradictory or inconsistent with any 
6    other information that it is presented to the consumer.
7    (d) A disclosure does not satisfy the requirements of this 
8Section if the disclosure:
9        (1) requires a consumer to take any additional action 
10    to access it, including, but not limited to, clicking on a 
11    hyperlink or hovering a cursor over an icon; or
12        (2) is only included in the third-party hotel booking 
13    service's general terms and conditions or in any other 
14    place that requires the consumer to click through multiple 
15    links or read extensive legal text.
16    Section 99. Effective date. This Act takes effect January
171, 2026.