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HB 3148

FRAUD-AUTOPAY/DOCUMENT FEES

104th Regular Session Introduced by Dee Avelar and 36 co-sponsors

Prohibits charging consumers extra fees for not enrolling in autopay or for requesting mailed invoices; allows discounts for those who enroll in electronic/paperless options.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · HB 3148

Summary — HB 3148 (2025): Prohibit fees for alternative payment and document delivery methods

Bill number: HB 3148
Statutory citation added: 815 ILCS 505/2HHHH (new)
Title (short): FRAUD‑AUTOPAY/DOCUMENT FEES
Introduced: February 21, 2025 | Latest status: Rule 3‑9(a) / Re‑referred to Assignments (6/2/2025)

Purpose

To prohibit businesses from charging consumers extra fees or surcharges for (1) declining to enroll in automatic (autopay) payment programs, and (2) requesting that business documents (for example, monthly invoices or statements) be mailed to the consumer’s address instead of being delivered electronically. The prohibition is added to the Illinois Consumer Fraud and Deceptive Business Practices Act.

Key provisions

  • Adds new Section 2HHHH to the Consumer Fraud Act (815 ILCS 505).
  • Makes it an unlawful practice for any person to charge a consumer an additional fee or surcharge for:
    • Not enrolling in an automatic payment program; or
    • Requesting business documents (including, but not limited to, invoices and statements) be mailed rather than delivered electronically.
  • Explicitly permits businesses to offer discounts to consumers who do enroll in electronic/paperless services or automatic payment programs (i.e., incentives allowed, penalties disallowed).

Who would be affected

  • Consumers: Individuals who choose not to enroll in autopay or who prefer paper mailings would be protected from extra fees.
  • Businesses and service providers that currently impose convenience fees, “non‑autopay” surcharges, or charges for mailed invoices — examples include utilities, telecommunications, lenders/financial institutions, insurers, subscription services, and retailers.
  • Regulators and litigants: The change makes such fees actionable under the Consumer Fraud Act, subject to enforcement mechanisms available under that statute.

Enforcement and remedies

  • The prohibition is framed as an “unlawful practice” under the Consumer Fraud and Deceptive Business Practices Act. That Act provides civil enforcement tools (including enforcement by the Illinois Attorney General and a private right of action), though the bill text itself does not list specific penalties or an effective date.

Legislative status & procedural history (highlights)

  • Filed: 2/21/2025. Passed Illinois House (3rd Reading) 4/11/2025 (112‑0) after House Amendments. Arrived in Senate 4/14/2025 and was re‑referred to Assignments (6/2/2025). Public hearing held and testimony recorded (4/8/2025). Multiple House floor and committee amendments were filed and adopted; sponsor is Rep. Bradley Fritts with many co‑sponsors and Sen. Seth Lewis as chief Senate sponsor.

Potential impacts and considerations

  • Consumer protection: Prevents penalties for consumers who prefer manual payment or mailed documents, which may especially benefit elderly, low‑income, or low‑technology households.
  • Business compliance: Companies that currently rely on such surcharges would need to cease them or convert them into permitted discounts for paperless/autopay enrollment. Firms may reallocate costs elsewhere (e.g., higher base prices) or absorb administrative/mail costs.
  • Legal scope: Language is broad (“any person”; “including, but not limited to” invoices/statements). Businesses should watch guidance on scope/exceptions and enforcement practice under the Consumer Fraud Act.
  • Effective date: Not specified in the bill text provided; check final enrolled bill for timing if enacted.

Compiled from official sources — confirm details with the bill’s official record.

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