Bill > SB2822

This bill amends the Consumer Fraud and Deceptive Business Practices Act to prevent deceptive practices when selling digital goods, which include items like digital movies, music, books, games, and codes. It makes it an unlawful practice for sellers to use terms like "buy" or "purchase" for these digital items if it implies unrestricted ownership, unless specific disclosures are made. Sellers must either provide a complete list of restrictions and conditions for the license to use the digital good, including any possibility of revoked access, and obtain an affirmative acknowledgment from the consumer that they understand they are receiving a license and that access could be revoked, or they must clearly and conspicuously state in plain language that buying a digital good is a license and provide a way to access the full license terms and revocation policies. These disclosures must be separate from other transaction terms, and if license terms change materially after purchase, consumers must be notified and offered a refund or alternative access. The bill exempts subscription services, free digital goods, digital goods that can be permanently downloaded for offline use without seller revocation, blockchain-based assets like non-fungible tokens (NFTs) where ownership is decentralized, and educational or non-commercial digital goods from public libraries or educational institutions.

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https://www.ilga.gov/Legislation/BillStatus?DocNum=2822&GAID=18&DocTypeID=SB&SessionID=114&GA=104