Digital promotions; consumer access

(815 ILCS 408/3.7)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 3.7. Digital promotions; consumer access.     (a) A retail mercantile establishment that owns and operates a mobile or computer application through which the retail mercantile establishment advertises, offers, delivers, or redeems digital promotions available in the retail mercantile establishment shall ensure that the benefits of a digital promotion are provided to any eligible consumer who meets the stated terms and conditions of the digital promotion. A retail mercantile establishment may establish any redemption mechanism that allows an eligible consumer a practical means of receiving the digital promotion in the ordinary course of a transaction, including, but not limited to, automatic discounts, point-of-sale assisted discounts, the use of barcodes, quick response codes, or other unique identifiers, or post-purchase methods, including the submission of a receipt or proof of purchase or any other reasonable means.     (b) Nothing in this Section shall be construed to restrict a retail mercantile establishment's discretion to determine the format, technology, or process by which a digital promotion is redeemed or applied to a qualifying transaction if any eligible consumer receives the equal value of the digital promotion as advertised when the consumer satisfies the stated terms and conditions of the digital promotion.     (c) Nothing in this Section shall be construed to require a retail mercantile establishment to:         (1) offer or provide the benefits of any digital     promotion, discount, or other incentive to consumers who are not enrolled in a loyalty, membership, rewards, or similar program when enrollment, application, or any comparable action in the program is required to receive the benefits; or        (2) make available targeted or personalized offers     that are based on a consumer's status in a loyalty, membership, rewards, or similar program.    (d) Nothing in this Section shall be construed to apply to a digital promotion in connection with online, delivery, pickup, or other remote transactions or sales channel.     (e) Except as otherwise provided under this Act or any other federal or State law, no person may:         (1) enforce any requirement, condition, penalty, or     fine, contractually or otherwise, upon a retail mercantile establishment that relates to the offer or display of prices, discounts, digital promotions, or services for sale by the retail mercantile establishment; or        (2) otherwise restrict or regulate a retail     mercantile establishment's ability to provide discounts, digital promotions, or incentives to consumers in connection with the purchase of consumer goods. (Source: P.A. 104-476, eff. 1-1-27.)