Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
HB4044 Enrolled LRB104 12966 SPS 24599 b
1 AN ACT concerning business.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Consumer Product Return Act.
6 Section 5. Definitions. As used in this Act:
7 "Consumer product" means any machine, appliance, clothing,
8 or similar product bought for personal, family, or household
9 purposes. "Consumer product" does not include prescription
10 medicine, over-the-counter medicine, medical equipment, or
11 food or beverage items intended for human consumption.
12 "Person" means an individual, natural person, public or
13 private corporation, government, partnership, unincorporated
14 association, or other entity.
15 "Retail mercantile establishment" means a place of
16 business in this State that is open to the general public for
17 the sale of consumer products. "Retail mercantile
18 establishment" does not include an establishment for which
19 more than 50% of gross annual sales are derived from the sale
20 of food or beverages for either on-premises consumption or
21 off-premises preparation and consumption.
22 "Unopened" means a product that remains in its original
23 manufacturer or retailer packaging; has not been unsealed,
HB4044 Enrolled -2- LRB104 12966 SPS 24599 b
1 unwrapped, opened, or otherwise tampered with; and retains all
2 original labels, shrink wrap, seals, or tags intact and
3 affixed in their original condition.
4 "Unused" means a product that has not been worn,
5 installed, operated, consumed, or otherwise subjected to any
6 use, handling, or alteration that changes its original
7 condition as sold.
8 Section 10. Unopened and unused returns.
9 (a) A retail mercantile establishment shall not limit the
10 method of return or refund to the issuance of store credit when
11 accepting the return of an unopened or unused consumer product
12 from a consumer.
13 (b) A retail mercantile establishment may require a
14 consumer to provide reasonable proof of purchase, including,
15 but not limited to, a receipt, transaction record,
16 identification, or other evidence, and may use any reasonable
17 method to verify that the consumer purchased the unused or
18 unopened consumer product before processing a return, refund,
19 or exchange under this Section.
20 (c) Nothing in this Section shall be construed to require
21 a retail mercantile establishment to accept the return of a
22 consumer product if the establishment, in its reasonable
23 judgment, suspects fraud or determines that the consumer
24 product is not unopened or unused.
25 (d) Nothing in this Section shall be construed to
HB4044 Enrolled -3- LRB104 12966 SPS 24599 b
1 prohibit, restrict, or regulate a retail mercantile
2 establishment from establishing a return policy or terms and
3 conditions governing the return of a consumer product if the
4 requirements of subsection (a) are satisfied.
5 (e) Nothing in this Section shall be construed to
6 prohibit, restrict, or regulate a retail mercantile
7 establishment from offering any lawful method of refund or
8 exchange for a consumer product, including, but not limited
9 to, store credit, refund in the original form of payment,
10 product exchange, or any other method of return.
11 (f) Nothing in this Section shall be construed to require
12 a retail mercantile establishment to accept the return of any
13 consumer product that does not qualify for return under the
14 establishment's return policy or applicable law.
15 (g) No person, including, but not limited to, online
16 marketplaces, delivery service providers, or any other
17 intermediaries involved in the purchase or delivery of a
18 consumer good, shall fail to remit to a retail mercantile
19 establishment the value of a consumer product when a purchase
20 is rescinded, if the consumer has received the product and has
21 not returned, or made the product available for return to, the
22 retail mercantile establishment.
23 Section 15. Penalties.
24 (a) A violation of this Act is a business offense with a
25 fine not to exceed $25. A retail mercantile establishment
HB4044 Enrolled -4- LRB104 12966 SPS 24599 b
1 shall not be fined in excess of $500 in a calendar year for
2 violations of this Act. A violation of this Act shall be
3 prosecuted by the State's Attorney of the county in which the
4 violation occurred.
5 (b) A person may bring an action for injunctive relief to
6 obtain compliance with this Act. An action brought under this
7 Section shall be limited to injunctive or other equitable
8 relief necessary to secure compliance with this Act and shall
9 not authorize an award of damages, civil penalties, attorney's
10 fees, or costs.
11 Section 20. Notice to cure. Before a fine may be imposed
12 under this Act, the State's Attorney of the county in which the
13 violation occurred shall provide the retail mercantile
14 establishment with written notice of the violation. The retail
15 mercantile establishment shall have 30 days after the date of
16 the notice to cure the violation. If the violation is cured
17 within the 30-day period, no fine shall be imposed for that
18 violation.
19 Section 25. Home rule. The regulation of the return of
20 consumer products is an exclusive power and function of the
21 State. A home rule unit may not regulate the return of consumer
22 products. This Section is a denial and limitation of home rule
23 powers and functions under subsection (h) of Section 6 of
24 Article VII of the Illinois Constitution.
HB4044 Enrolled -5- LRB104 12966 SPS 24599 b
1 Section 99. Effective date. This Act takes effect July 1,
2 2027.Every fact on this page links to its source, starting with the official bill record.