WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) As used in this Section, "artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act.815 ILCS 505/2MMMM(a)" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act.
Subsection (a) incorporates by reference the definition of artificial intelligence from Section 2-101 of the Illinois Human Rights Act rather than creating a standalone definition. This means the scope of the bill's obligations tracks any future amendments to that definition. The cross-reference avoids inconsistency between Illinois's consumer protection and civil rights frameworks but also means practitioners must consult the Human Rights Act to determine whether a given system qualifies.
(b) 1 A person shall not use artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act.815 ILCS 505/2MMMM(a) while engaging in trade and commerce to communicate with a consumer in a manner that may mislead or deceive a reasonable consumer into believing that the consumer is engaging with a human, unless the consumer is notified in a clear and conspicuous manner that the consumer is not engaging with a human.
Subsection (b) prohibits a person from using artificial intelligence in trade and commerce to communicate with a consumer in a way that could mislead a reasonable consumer into believing the consumer is interacting with a human — unless the consumer receives clear and conspicuous notice that the communication is not with a human. The trigger is a reasonable-consumer standard: not every AI communication requires disclosure, only those where the AI could be mistaken for a human. This tracks a common state-level approach to AI identity disclosure, similar to California's SB 243 but applying broadly to all commercial communications rather than being limited to companion chatbots.
(c) 2 A person shall not use artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act.815 ILCS 505/2MMMM(a) to sell or offer to sell goods or services unless the consumer is notified in a clear and conspicuous manner that artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act.815 ILCS 505/2MMMM(a) is being used to sell or offer to sell goods or services and the consumer is given an option to request more information regarding the specific use of the artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act.815 ILCS 505/2MMMM(a).
Subsection (c) imposes a two-part obligation on any person using AI to sell or offer to sell goods or services. First, the consumer must receive clear and conspicuous notice that AI is being used in the sales process. Second, the consumer must be given the option to request more information about the specific use of AI. Unlike subsection (b), this obligation is not conditioned on a reasonable-consumer deception standard — it applies whenever AI is used in a sales context, regardless of whether a reasonable consumer would be misled. The information-request right is unusual in U.S. AI disclosure law and gives consumers an on-demand transparency mechanism.
(d) 3 A business entity that uses artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act.815 ILCS 505/2MMMM(a) while engaging in trade and commerce to communicate with a consumer shall give the consumer the option to communicate with a human during the business entity's ordinary business hours. A business entity shall not prohibit a consumer from requesting to communicate with a human during the business entity's normal business hours or charge a fee to communicate with a human instead of artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act.815 ILCS 505/2MMMM(a).
Subsection (d) requires any business entity using AI in trade and commerce to communicate with consumers to offer the consumer the option to speak with a human during the entity's ordinary business hours. The provision also prohibits the entity from blocking human-communication requests and from charging a fee for speaking to a human instead of AI. This is a consumer-choice and human-access guarantee that goes beyond mere disclosure — it ensures that AI-mediated commercial communication cannot fully replace human contact for consumers who want it. The obligation falls specifically on a business entity rather than on any person, a narrower scope than subsections (b) and (c).
(e) A violation of this Section constitutes an unlawful practice within the meaning of this Act.
Subsection (e) designates any violation of Section 2MMMM as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. This incorporates the full enforcement machinery of the Act — including Attorney General enforcement authority, civil penalties, injunctive relief, and the existing private right of action for consumers who suffer actual damage — without creating a separate penalty schedule. The provision creates no independent compliance obligation beyond those in subsections (b) through (d).