What must food delivery apps show about fees under Illinois' 2027 hidden fee law?
Quick answer
From January 1, 2027, a food delivery platform complies with Illinois' hidden fee law only if it shows, on any page that references a restaurant, the cost to order delivery there and any extra fees; lists every fee and the total whenever selected items are displayed; and shows an itemized subtotal before checkout (815 ILCS 505/2MMMM(c)).
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Start date | January 1, 2027 (Public Act 104-0472) | Official source |
| General rule | Unlawful to advertise, display or offer a price that does not include all mandatory fees or surcharges (2MMMM(b)) | Official source |
| Restaurant pages | On any page that references it: the specific cost to place a delivery order at that restaurant, and the amount or percentage of any additional fee the consumer must incur there (2MMMM(c)(1)) | Official source |
| Left out of that figure | Only fees or charges imposed by a government that must be collected by law, and any optional gratuities (2MMMM(c)(1)(B)) | Official source |
| Cart | Whenever selected items are displayed: all fees, the nature or purpose of each, the amount of each, and the total the consumer must pay (2MMMM(c)(2)) | Official source |
| Before checkout | A subtotal page itemizing the menu item prices and any additional fees included in the total cost (2MMMM(c)(3)) | Official source |
| Penalty | Attorney General or State's Attorney may seek a civil penalty up to $50,000, or up to $50,000 per violation if the court finds intent to defraud, plus up to $10,000 per violation against a person 65 or older (815 ILCS 505/7(b), (c)) | Official source |
| Private suit | Section 10a (action for actual damages) does not apply to a violation of 2MMMM (2MMMM(m)) | Official source |
| Last verified | October 26, 2026 | Astor Ventures |
Does this rule cover the restaurant or the app?
Subsection (c) is written for a "food delivery platform" and the Act does not define the term. A restaurant's own menu prices fall under the general all-in rule in 2MMMM(b), and automatic or mandatory gratuities under 2MMMM(h), which requires the percentage to be disclosed clearly and conspicuously wherever pricing appears.
Can the app show a fee as a percentage?
Yes. For the restaurant page, subsection (c)(1)(B) allows the amount or, if the fee is calculated on a percentage basis, the percentage. In the cart, subsection (c)(2) asks for the amount of each fee and the total.
What is the penalty?
A violation is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. The Attorney General or a State's Attorney can ask a court for a civil penalty of up to $50,000, or up to $50,000 per violation with intent to defraud (815 ILCS 505/7). Section 2MMMM(m) says the private damages action in Section 10a does not apply.
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What else do people ask?
When does it start?
January 1, 2027.
Are sales taxes part of the shown fees?
No. Government taxes or fees that must be collected by law are excluded from the mandatory-fee definition and from the restaurant-page figure.
Are driver tips covered?
Optional gratuities are excluded from the restaurant-page fee figure (2MMMM(c)(1)(B)).
Is this legal advice?
No. General information only.
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