(815 ILCS 505/2B) (from Ch. 121 1/2, par. 262B)
Sec. 2B.
Where a sale of merchandise involving $25 or more is made or
contracted to be made whether under a single contract or under multiple
contracts, to a consumer by a seller
who is physically present at the
consumer's residence, that consumer may avoid the
contract or transaction by notifying the seller within 3 full business days
following that day on which the contract was signed or the sale was made
and by returning to the person, in its original condition,
any merchandise
delivered to the consumer under the contract or sale. At the
time the transaction is made
or the contract signed, the person shall furnish the consumer with
a fully completed
receipt or contract pertaining to the transaction, in substantially the
same language as that principally used in the oral presentation to the
consumer,
containing a "Notice of Cancellation"
informing the
consumer that he may cancel the transaction at
any time within 3 days and showing the date of the transaction
with the name and address of the person, and in immediate
proximity to the space reserved in the contract for the consumer's signature
or on the front page of the receipt if a contract is not used, a statement
which shall be in bold face type, in at least 10‑point type and in substantially
the following form:
"YOU, THE CONSUMER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO
MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT."
Attached to the receipt or contract shall be a completed form in duplicate,
captioned "NOTICE OF CANCELLATION" which shall be easily detachable and
which shall contain in 10 point bold face type the following information
and statements in the same language as that used in the contract:
NOTICE OF CANCELLATION
(enter date of transaction)
...........................
(Date)
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN
3 BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU, AND ANY
NEGOTIABLE INSTRUMENT EXECUTED BY YOU UNDER THE CONTRACT OR TRANSACTION
WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER
OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE
TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE
IN SUBSTANTIALLY AS GOOD A CONDITION AS WHEN RECEIVED, ANY GOODS
DELIVERED TO YOU UNDER THIS CONTRACT OR TRANSACTION, OR YOU MAY IF YOU WISH,
COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT
OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.
IF YOU MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK
THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY
RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER
OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF
YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO
DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF
THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM,
TO (Name of seller), AT (address of seller's place of business)
NOT LATER THAN MIDNIGHT OF (date).
I HEREBY CANCEL THIS TRANSACTION.
(Date) ............
...................
(Buyer's signature)
Such written "Notice of Cancellation" may be sent by the consumer to the person to
cancel the contract. The 3 day period provided for in this Section does not
commence until the consumer is furnished
a "Notice of Cancellation", and the
address at which such notice to the seller can be given. If
those conditions are met, the seller must return to the consumer the full
amount of any payment made or consideration given under the contract or for
the merchandise. It is an unlawful practice within the meaning of this Act
for any person to
(a) Fail, before furnishing copies of the "Notice of Cancellation" to
the consumer, to complete the copies by entering the name of the person,
the address of the person's place of business, the date of the transaction,
and the date, not earlier than the third business day following the date
of the transaction, by which the consumer may give notice of cancellation;
(b) Include in any contract or receipt under this Section any confession
of judgment or any waiver of any of the rights to which the consumer is entitled
under this Section including specifically his right to cancel the transaction
in accordance with the provisions of this Section;
(c) Fail to inform each consumer orally, at the time he signs the contract
or purchases or leases the goods or services, of his right to cancel;
(d) Misrepresent in any manner the consumer's right to cancel;
(e) Use any undue influence, coercion or any other wilful act or representation
to interfere with the consumer's exercise of his rights under this Section;
(f) Fail or refuse to honor any valid notice of cancellation by a consumer
and within 10 business days after the receipt of such notice, to
(i) refund all payments made under the contract or |
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(ii) return any goods or property traded in, in
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substantially as good a condition as when received by the person, or
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(iii) cancel and return any negotiable instrument
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executed by the consumer in connection with the contract or transaction and take any action necessary or appropriate to terminate promptly any security interest created in the transaction;
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(g) Negotiate, transfer, sell, or assign any note or other evidence of
indebtedness to a finance company or other third party prior to midnight
of the fifth business day following the day the contract was signed or the
goods or services were purchased or leased; or
(h) Fail, within 10 business days of receipt of the consumer's notice
of cancellation, to notify him whether the seller intends to repossess or
to abandon any shipped or delivered goods.
For the purposes of this Section, the word "sale" includes a sale, lease or rental.
This Section does not apply to any transaction
(a) made pursuant to prior negotiations in the course of a visit by the
consumer to a retail business establishment having a fixed permanent location
where the goods are exhibited, or the services are offered, for sale or
lease on a continuing basis;
(b) in which the consumer is accorded the right of rescission by the provisions
of the Consumer Credit Protection Act (15 U.S.C. 1635) or regulations issued
pursuant thereto;
(c) in which the consumer has initiated the contact and the goods or services
are needed to meet a bona fide immediate personal emergency of the consumer,
and the consumer furnishes the person with a separate dated and signed personal
statement in the consumer's handwriting describing the situation requiring
immediate remedy and expressly acknowledging and waiving the right to cancel
the sale within 3 business days;
(d) conducted and consummated entirely by mail or telephone without any
other contact between the consumer and the person or its representative
prior to delivery of the goods or performance of the services;
(e) in which the consumer has initiated the contact and specifically requested
the person to visit his home for the purpose of repairing or performing
maintenance upon the consumer's personal property, on the condition that
if, in the course of such a visit, the person sells the consumer the right
to receive additional services or goods other than replacement parts
necessarily
used in performing the maintenance or in making the repairs, the sale of
those additional goods or services does not fall within this exclusion;
(f) pertaining to the sale or rental of real property, to the
sale of insurance
or to the sale of securities or commodities by a broker‑dealer
registered with the Securities and Exchange Commission; or
(g) between a consumer and a loan broker licensed under the
Residential Mortgage License Act of 1987 when (i) the transaction involves
obtaining a mortgage loan on real estate and (ii) the first contact respecting
the transaction is initiated by the consumer or by another person at the
request of the consumer.
(Source: P.A. 90‑764, eff. 1‑1‑99.)
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(815 ILCS 505/2AA)
Sec. 2AA.
Immigration services.
(a) "Immigration matter" means any proceeding, filing, or action
affecting the nonimmigrant, immigrant or citizenship status of any person
that arises under immigration and naturalization law, executive order or
presidential proclamation of the United States or any foreign country, or
that arises under action of the United States Citizenship and Immigration Services, the United States Department of Labor, or the
United States Department of State.
"Immigration assistance service" means any information
or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action, or providing any other assistance that requires legal analysis, legal judgment, or interpretation of the law.
"Compensation" means money, property, services, promise of payment,
or anything else of value.
"Employed by" means that a person is on the payroll of the employer
and the employer deducts from the employee's paycheck social security and
withholding taxes, or receives compensation from the employer on a
commission basis or as an independent contractor.
"Reasonable costs" means actual costs or, if actual costs cannot be
calculated, reasonably estimated costs of such things as photocopying,
telephone calls, document requests, and filing fees for immigration forms,
and other nominal costs incidental to assistance
in an immigration matter.
(a‑1) The General Assembly finds and declares that private individuals who
assist persons with immigration matters have a significant impact on the
ability of their clients to reside and work within the United States and to
establish and maintain stable families and business relationships. The General
Assembly further finds that that assistance and its impact also have a
significant effect on the cultural, social, and economic life of the State of
Illinois and thereby substantially affect the public interest. It is the
intent of the General Assembly to establish rules of practice and conduct for
those individuals to promote honesty and fair dealing with residents and to
preserve public confidence.
(a‑5) The following persons are exempt from this Section, provided they
prove the exemption by a preponderance of the evidence:
(1) An attorney licensed to practice law in any
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state or territory of the United States, or of any foreign country when authorized by the Illinois Supreme Court, to the extent the attorney renders immigration assistance service in the course of his or her practice as an attorney.
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(2) A legal intern, as described by the rules of the
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Illinois Supreme Court, employed by and under the direct supervision of a licensed attorney and rendering immigration assistance service in the course of the intern's employment.
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(3) A not‑for‑profit organization recognized by the
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Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees of those organizations accredited under 8 C.F.R. 292.2(d).
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(4) Any organization employing or desiring to employ
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an alien or nonimmigrant alien, where the organization, its employees or its agents provide advice or assistance in immigration matters to alien or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such advice or assistance is provided.
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Nothing in this Section shall regulate any business to the extent
that such regulation is prohibited or preempted by State or federal law.
All other persons providing or offering to provide immigration
assistance service shall be subject to this Section.
(b) Any person who provides or offers to provide immigration assistance
service may perform only the following services:
(1) Completing a government agency form, requested
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by the customer and appropriate to the customer's needs, only if the completion of that form does not involve a legal judgment for that particular matter.
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(2) Transcribing responses to a government agency
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form which is related to an immigration matter, but not advising a customer as to his or her answers on those forms.
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(3) Translating information on forms to a customer
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and translating the customer's answers to questions posed on those forms.
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(4) Securing for the customer supporting documents
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currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms.
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(5) Translating documents from a foreign language
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(6) Notarizing signatures on government agency
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forms, if the person performing the service is a notary public of the State of Illinois.
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(7) Making referrals, without fee, to attorneys who
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could undertake legal representation for a person in an immigration matter.
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(8) Preparing or arranging for the preparation of
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photographs and fingerprints.
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(9) Arranging for the performance of medical testing
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(including X‑rays and AIDS tests) and the obtaining of reports of such test results.
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(10) Conducting English language and civics courses.
(11) Other services that the Attorney General
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determines by rule may be appropriately performed by such persons in light of the purposes of this Section.
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Fees for a notary public, agency, or any other person who is not an attorney or an accredited representative filling out immigration forms shall be limited to the maximum fees set forth in subsections (a) and (b) of Section 3‑104 of the Notary Public Act (5 ILCS 312/3‑104). The maximum fee schedule set forth in subsections (a) and (b) of Section 3‑104 of the Notary Public Act shall apply to any person that provides or offers to provide immigration assistance service performing the services described therein. The Attorney General may promulgate rules establishing maximum fees that may be charged for any services not described in that subsection. The maximum fees must be reasonable in light of the costs of providing those services and the degree of professional skill required to provide the services.
No person subject to this Act shall charge fees directly or
indirectly for referring an individual to an attorney or for any
immigration matter not authorized by this Article, provided that a person may
charge a fee for notarizing documents as permitted by the Illinois Notary
Public Act.
(c) Any person performing such services shall register with the Illinois
Attorney General and submit verification of malpractice insurance or of a
surety bond.
(d) Except as provided otherwise in this subsection, before providing
any
assistance in an immigration matter a person shall provide the customer with
a written contract that includes the following:
(1) An explanation of the services to be performed.
(2) Identification of all compensation and costs to
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be charged to the customer for the services to be performed.
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(3) A statement that documents submitted in support
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of an application for nonimmigrant, immigrant, or naturalization status may not be retained by the person for any purpose, including payment of compensation or costs.
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This subsection does not apply to a not‑for‑profit organization that
provides advice or assistance in immigration matters to clients without charge
beyond a reasonable fee to reimburse the organization's or clinic's reasonable
costs relating to providing immigration services to that client.
(e) Any person who provides or offers immigration assistance service and
is not exempted from this Section, shall post signs at his or her place of
business, setting forth information in English and in every other language in
which the
person provides or offers to provide immigration assistance service. Each
language shall be on a separate sign. Signs shall be posted in a location
where the signs will be visible to customers. Each sign shall be at least
11 inches by 17 inches, and shall contain the following:
(1) The statement "I AM NOT AN ATTORNEY LICENSED TO
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PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
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(2) The statement "I AM NOT ACCREDITED TO REPRESENT
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YOU BEFORE THE UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF APPEALS."
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(3) The fee schedule.
(4) The statement that "You may cancel any contract
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within 3 working days and get your money back for services not performed."
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(5) Additional information the Attorney General may
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Every person engaged in immigration assistance service who is not an
attorney who advertises immigration assistance service in a language other
than English, whether by radio, television, signs, pamphlets, newspapers,
or other written communication, with the exception of a single desk plaque,
shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be
of a conspicuous size, if in writing, and shall state: "I AM NOT AN
ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT
FEES FOR LEGAL ADVICE." If such advertisement is by radio or television,
the statement may be modified but must include substantially the same message.
Any person who provides or offers immigration assistance service and is not exempted from this Section shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney. To illustrate, the words "notario" and "poder notarial" are prohibited under this provision.
If not subject to penalties under subsection (a) of Section 3‑103 of the Notary Public Act (5 ILCS 312/3‑103), violations of this subsection shall result in a fine of $1,000. Violations shall not preempt or preclude additional appropriate civil or criminal penalties.
(f) The written contract shall be in both English and in the language
of the customer.
(g) A copy of the contract shall be provided to the customer upon the
customer's execution of the contract.
(h) A customer has the right to rescind a contract within 72 hours after
his or her signing of the contract.
(i) Any documents identified in paragraph (3) of subsection (c) shall be
returned upon demand of the customer.
(j) No person engaged in providing immigration services who is not exempted under this Section shall do any
of the following:
(1) Make any statement that the person can or will
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obtain special favors from or has special influence with the United States Immigration and Naturalization Service or any other government agency.
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(2) Retain any compensation for service not
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(2.5) Accept payment in exchange for providing legal
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advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law.
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(3) Refuse to return documents supplied by, prepared
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on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer.
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(4) Represent or advertise, in connection with the
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provision assistance in immigration matters, other titles of credentials, including but not limited to "notary public" or "immigration consultant," that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter; provided that a notary public appointed by the Illinois Secretary of State may use the term "notary public" if the use is accompanied by the statement that the person is not an attorney; the term "notary public" may not be translated to another language; for example "notario" is prohibited.
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(5) Provide legal advice, recommend a specific
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course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law.
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(6) Make any misrepresentation of false statement,
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directly or indirectly, to influence, persuade, or induce patronage.
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(k) (Blank)
(l) (Blank)
(m) Any person who violates any provision
of this Section, or the rules and regulations issued
under this Section, shall be guilty of a Class A misdemeanor for a first
offense and a Class 3 felony for a second or subsequent offense committed
within 5 years of a previous conviction for the same offense.
Upon his own information or upon the complaint of any person, the
Attorney General or any State's Attorney, or a municipality with a
population of more than 1,000,000, may maintain an action for injunctive
relief and also seek a civil penalty not exceeding $50,000 in the circuit court
against any person who violates any provision of
this Section. These remedies are in addition to, and not in substitution
for, other available remedies.
If the Attorney General or any State's Attorney or a municipality
with a population of more than 1,000,000 fails to bring an action as
provided under this Section any person may file a civil action to
enforce the provisions of this Article and maintain an action for
injunctive relief, for compensatory damages to recover prohibited fees, or for such additional relief as may be appropriate to
deter, prevent, or compensate for the violation.
In order to deter violations of this Section, courts shall not require a
showing of the traditional elements for equitable relief. A prevailing
plaintiff may be awarded 3 times the prohibited fees or a minimum of $1,000 in
punitive damages, attorney's fees, and costs of
bringing an action under this Section.
It is the express intention
of the General Assembly that remedies for violation of this Section be
cumulative.
(n) No unit of local government, including any home rule unit, shall have
the authority to regulate immigration assistance services unless such
regulations are at least as stringent as those contained in this amendatory
Act of 1992. It is declared to be the law of this State, pursuant to
paragraph (i) of Section 6 of Article VII of the Illinois Constitution of
1970, that this amendatory Act of 1992 is a limitation on the authority of a
home rule unit to exercise powers concurrently with the State. The
limitations of this Section do not apply to a home rule unit that has,
prior to the effective date of this amendatory Act, adopted an ordinance
regulating immigration assistance services.
(o) This Section is severable under Section 1.31 of the Statute on Statutes.
(p) The Attorney General shall issue rules not inconsistent with this
Section for the implementation, administration, and enforcement of this
Section. The rules may provide for the following:
(1) The content, print size, and print style of the
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signs required under subsection (e). Print sizes and styles may vary from language to language.
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(2) Standard forms for use in the administration of
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(3) Any additional requirements deemed necessary.
(Source: P.A. 93‑1001, eff. 8‑23‑04; 94‑238, eff. 7‑14‑05.)
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(815 ILCS 505/2EE)
Sec. 2EE.
Electric service provider selection.
An electric service provider shall not submit or execute
a change in a subscriber's selection of a provider of electric
service except as follows:
The new electric service provider has obtained the
customer's written authorization in a form that meets the
following requirements:
(1) An electric service provider shall obtain any |
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necessary written authorization from a subscriber for a change in electric service by using a letter of agency as specified in this Section. Any letter of agency that does not conform with this Section is invalid.
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(2) The letter of agency shall be a separate
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document (an easily separable document containing only the authorization language described in subparagraph (5) of this Section) whose sole purpose is to authorize an electric service provider change. The letter of agency must be signed and dated by the subscriber requesting the electric service provider change.
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(3) The letter of agency shall not be combined with
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inducements of any kind on the same document.
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(4) Notwithstanding subparagraphs (1) and (2) of
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this Section, the letter of agency may be combined with checks that contain only the required letter of agency language prescribed in paragraph (5) of this Section and the necessary information to make the check a negotiable instrument. The letter of agency check shall not contain any promotional language or material. The letter of agency check shall contain in easily readable, bold‑face type on the face of the check, a notice that the consumer is authorizing an electric service provider change by signing the check. The letter of agency language also shall be placed near the signature line on the back of the check.
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(5) At a minimum, the letter of agency must be
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printed with a print of sufficient size to be clearly legible, and must contain clear and unambiguous language that confirms:
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(i) The subscriber's billing name and address;
(ii) The decision to change the electric service
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provider from the current provider to the prospective provider;
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(iii) The terms, conditions, and nature of the
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service to be provided to the subscriber must be clearly and conspicuously disclosed, in writing, and an electric service provider must directly establish the rates for the service contracted for by the subscriber; and
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(iv) That the subscriber understand that any
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electric service provider selection the subscriber chooses may involve a charge to the subscriber for changing the subscriber's electric service provider.
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(6) Letters of agency shall not suggest or require
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that a subscriber take some action in order to retain the subscriber's current electric service provider.
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(7) If any portion of a letter of agency is
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translated into another language, then all portions of the letter of agency must be translated into that language.
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For purposes of this
Section, "electric service provider"
shall have the meaning given that phrase in
Section 6.5 of the
Attorney General Act.
(Source: P.A. 90‑561, eff. 12‑16‑97.)
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(815 ILCS 505/2II)
Sec. 2II.
Prohibition of sweepstakes
boxes and conditions upon use of
prize promotions to solicit authority to
provide telecommunications or related service.
(a) As used in this Section, the following terms have the meaning set
forth herein:
(1) "Telecommunications carrier" has the meaning |
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given in Section 13‑202 of the Public Utilities Act, except that "telecommunications carrier" does not include a provider of commercial mobile radio services (as defined by 47 U.S.C. 332(d)(1).
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(2) "Telecommunications service" has the meaning
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given in Section 13‑203 of the Public Utilities Act.
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(3) "Enhanced telecommunications service" means any
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service or merchandise, other than interLATA, intraLATA, or local exchange service for which any charge or assessment appears on a billing statement directed to a consumer by a telecommunications carrier.
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(4) "Sweepstakes box" means the box or receptacle
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into which consumers place entry forms or documents used to enter sweepstakes, contests, or drawings of any description, and promotional materials attached thereto.
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(b) It is an unfair or deceptive act or practice within the meaning of
Section 2 of this Act for any person to solicit authority to execute a change
of telecommunications carrier or to solicit authority to provide any
telecommunications
service or enhanced telecommunications service through the use of any
sweepstakes box.
(c) Forms or documents used or intended to be used by consumers to enter
sweepstakes, contests, or drawings of any description may not be used by any
person as written authority to execute a change of any person's
telecommunications carrier or to render any telecommunications service or
enhanced telecommunications service.
(d) Any person who solicits any authority to execute a change of any
person's telecommunications carrier or to render any telecommunications service
or enhanced telecommunications service through or in conjunction
with any sweepstakes, contest, or drawing shall clearly, conspicuously, and
fully disclose in all direct mail solicitations to consumers the fact that the
sweepstakes,
contest, or drawing is intended to solicit authority to execute a change of
telecommunications carrier or render telecommunications service or enhanced
telecommunications service. The disclosure shall include, at the least, the
following information:
(1) that no purchase or change of telecommunications
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carrier or service is required to enter the sweepstakes, contest, or drawing;
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(2) the alternative means by which a person may
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enter the sweepstakes, contest, or drawing without authorizing a change of telecommunications carrier or service or making a purchase;
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(3) the name and telephone number of the entity
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soliciting consumers to make a purchase or to authorize a change of telecommunications carrier or service through the use of or in conjunction with the sweepstakes, contest, or drawing; and
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(4) a brief description of the nature of the
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telecommunications services or enhanced telecommunications services for which authorization is sought through the use of or in conjunction with the sweepstakes, contest, or drawing.
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(e) It is an unfair or deceptive act or practice within the meaning of
Section 2 of this Act for any person to use a form or document used or intended
to be
used by consumers to enter sweepstakes, contests, or drawings of any
description as written authority to execute a change of any person's
telecommunications carrier or to render any telecommunications service or
enhanced telecommunications service or for any person to solicit authority to
execute a change of telecommunications carrier or to solicit authority to
provide any telecommunications
service or enhanced telecommunications service through or in conjunction with
any sweepstakes, contest, or drawing in a manner not in compliance with this
Section. Nothing in this Section shall be construed to prohibit any person
from offering a premium, incentive, or thing of value to another as
consideration for authorizing a change of telecommunications carrier or the
rendition of any
telecommunications service or enhanced telecommunications service, provided
that no element of chance or skill is associated with the offer of the premium,
incentive, or thing of value or the receipt thereof.
(Source: P.A. 90‑610, eff. 7‑1‑98.)
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(815 ILCS 505/2MM)
(Text of Section from P.A. 93‑195 and 94‑74)
Sec. 2MM.
Verification of accuracy of credit reporting information used to
extend consumers credit and security freeze on credit report for identity theft victims.
(a) A credit card issuer who mails an offer or solicitation to apply for a
credit card and who receives a completed application in response to the offer
or
solicitation which lists an address that is not substantially the same as the
address on the offer or solicitation may not issue a credit card based on that
application until reasonable steps have been taken to verify the applicant's
change of address.
(b) Any person who uses a consumer credit report in connection with the
approval of credit based on the application for an extension of credit, and who
has received notification of a police report filed with a consumer reporting
agency that the applicant has been a victim of financial
identity theft, as defined in Section 16G‑15 of the Criminal Code of 1961, may
not lend money or extend credit without taking reasonable steps to verify the
consumer's identity and confirm that the application for an extension of
credit
is not the result of financial identity theft.
(c) A consumer who has been the victim of identity theft may place a security freeze on his or her credit report by making a request in writing by certified mail to a consumer credit reporting agency with a valid copy of a police report, investigative report, or complaint that the consumer has filed with a law enforcement agency about unlawful use of his or her personal information by another person. A credit reporting agency shall not charge a fee for placing, removing, or removing for a specific party or period of time a security freeze on a credit report. A security freeze shall prohibit, subject to the exceptions under subsection (i) of this Section, the credit reporting agency from releasing the consumer's credit report or any information from it without the express authorization of the consumer. When a security freeze is in place, information from a consumer's credit report shall not be released to a third party without prior express authorization from the consumer. This subsection does not prevent a credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report.
(d) A credit reporting agency shall place a security freeze on a consumer's credit report no later than 5 business days after receiving a written request from the consumer.
(e) The credit reporting agency shall send a written confirmation of the security freeze to the consumer within 10 business days and shall provide the consumer with a unique personal identification number or password, other than the consumer's Social Security number, to be used by the consumer when providing authorization for the release of his or her credit for a specific party or period of time.
(f) If the consumer wishes to allow his or her credit report to be accessed for a specific party or period of time while a freeze is in place, he or she shall contact the consumer credit reporting agency, request that the freeze be temporarily lifted, and provide the following:
(1) Proper identification;
(2) The unique personal identification number or
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password provided by the credit reporting agency; and
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(3) The proper information regarding the third party
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or time period for which the report shall be available to users of the credit report.
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(g) A credit reporting agency may develop procedures involving the use of telephone, fax, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a freeze on a credit report pursuant to subsection (f) in an expedited manner.
(h) A credit reporting agency that receives a request from a consumer to temporarily lift a freeze on a credit report pursuant to subsection (f), shall comply with the request no later than 3 business days after receiving the request.
(i) A credit reporting agency shall remove or temporarily lift a freeze placed on a consumer's credit report only in the following cases:
(1) upon consumer request, pursuant to subsection (f)
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or subsection (l) of this Section; or
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(2) if the consumer's credit report was frozen due to
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a material misrepresentation of fact by the consumer.
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If a consumer credit reporting agency intends to remove a
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freeze upon a consumer's credit report pursuant to this subsection, the consumer credit reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer's credit report.
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(j) If a third party requests access to a credit report on which a security freeze is in effect, and this request is in connection with an application for credit or any other use, and the consumer does not allow his or her credit report to be accessed for that specific party or period of time, the third party may treat the application as incomplete.
(k) If a consumer requests a security freeze, the credit reporting agency shall disclose to the consumer the process of placing and temporarily lifting a security freeze, and the process for allowing access to information from the consumer's credit report for a specific party or period of time while the freeze is in place.
(l) A security freeze shall remain in place until the
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consumer requests that the security freeze be removed. A credit reporting agency shall remove a security freeze within 3 business days of receiving a request for removal from the consumer, who provides both of the following:
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(1) Proper identification; and
(2) The unique personal identification number or
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password provided by the credit reporting agency.
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(m) A consumer credit reporting agency shall require proper identification of the person making a request to place or remove a security freeze.
(n) The provisions of subsections (c) through (m) of this Section do not apply to the use of a consumer credit report by any of the following:
(1) A person or entity, or a subsidiary, affiliate,
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or agent of that person or entity, or an assignee of a financial obligation owing by the consumer to that person or entity, or a prospective assignee of a financial obligation owing by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or contract, including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or negotiable instrument. For purposes of this subsection, "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
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(2) A subsidiary, affiliate, agent, assignee, or
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prospective assignee of a person to whom access has been granted under subsection (f) of this Section for purposes of facilitating the extension of credit or other permissible use.
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(3) Any state or local agency, law enforcement
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agency, trial court, or private collection agency acting pursuant to a court order, warrant, or subpoena.
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(4) A child support agency acting pursuant to Title
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IV‑D of the Social Security Act.
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(5) The relevant state agency or its agents or
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assigns acting to investigate Medicaid fraud.
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(6) The Department of Revenue or its agents or
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assigns acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities.
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(7) The use of credit information for the purposes of
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prescreening as provided for by the federal Fair Credit Reporting Act.
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(8) Any person or entity administering a credit file
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monitoring subscription service to which the consumer has subscribed.
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(9) Any person or entity for the purpose of providing
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a consumer with a copy of his or her credit report upon the consumer's request.
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(o) If a security freeze is in place, a credit reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: (i) name, (ii) date of birth, (iii) Social Security number, and (iv) address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.
(p) The following entities are not required to place a security freeze in a credit report, provided, however, that any person that is not required to place a security freeze on a credit report under paragraph (3) of this subsection, shall be subject to any security freeze placed on a credit report by another credit reporting agency from which it obtains information:
(1) A check services or fraud prevention services
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company, which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment.
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(2) A deposit account information service company,
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which issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.
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(3) A credit reporting agency that:
(A) acts only to resell credit information by
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assembling and merging information contained in a database of one or more credit reporting agencies; and
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(B) does not maintain a permanent database of
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credit information from which new credit reports are produced.
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(q) For purposes of this Section:
"Extension of credit" does not include
an increase in an existing open‑end credit plan, as defined in Regulation Z of
the Federal Reserve System (12 C.F.R. 226.2), or any change to or review of an
existing credit account.
"Proper identification" means information generally deemed sufficient to identify a person. Only if the consumer is unable to reasonably identify himself or herself with the information described above, may a consumer credit reporting agency require additional information concerning the consumer's employment and personal or family history in order to verify his or her identity.
(r) Any person who violates this Section commits an
unlawful practice within the meaning of this Act.
(Source: P.A. 93‑195, eff. 1‑1‑04; 94‑74, eff. 1‑1‑06.)
(Text of Section from P.A. 93‑231)
Sec. 2MM.
Receipts; credit card and debit card account numbers.
(a) Definitions. As used in this Section:
"Cardholder" has the meaning ascribed to it in Section 2.02 of the
Illinois
Credit Card and Debit Card Act.
"Credit card" has the meaning ascribed to it in Section 2.03 of the Illinois
Credit Card and Debit Card Act.
"Debit card" has the meaning ascribed to it in Section 2.15 of the Illinois
Credit Card and Debit Card Act.
"Issuer" has the meaning ascribed to it in Section 2.08 of the Illinois
Credit
Card and Debit Card Act.
"Person" has the meaning ascribed to it in Section 2.09 of the Illinois
Credit
Card and Debit Card Act.
"Provider" means a person who furnishes money, goods, services, or anything
else
of value upon presentation, whether physically, in writing, verbally,
electronically, or otherwise, of a credit card or debit card by the cardholder,
or any agent or employee of that person.
(b) Except as otherwise provided in this Section, no provider may print or
otherwise produce or reproduce or permit the printing or other production or
reproduction of the following: (i) any part of the credit card or debit card
account number, other than the last 4 digits or other characters, (ii) the
credit card or debit card expiration date on any receipt provided or made
available to the cardholder.
(c) This Section does not apply to a credit card or debit card transaction in
which the sole means available to the provider of recording the credit card or
debit card account number is by handwriting or by imprint of the card.
(d) This Section does not apply to receipts issued for transactions on the
electronic benefits transfer card system in accordance with 7 CFR 274.12(g)(3).
(e) A violation of this Section constitutes an unlawful practice within
the meaning of this Act.
(f) This Section is operative on January 1, 2005.
(Source: P.A. 93‑231, eff. 1‑1‑04.)
(Text of Section from P.A. 93‑459)
Sec. 2MM.
Mail; disclosure.
It is an unlawful practice under this Act
to knowingly mail or send or cause to be mailed or sent a postcard or letter
to a recipient in this State if:
(1) the postcard or letter contains a request that
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the recipient call a telephone number; and
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(2) the postcard or letter is mailed or sent to
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induce the recipient to call the telephone number so that goods, services, or other merchandise, as defined in Section 1, may be offered for sale to the recipient; and
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(3) the postcard or letter does not disclose that
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goods, services, or other merchandise, as defined in Section 1, may be offered for sale if the recipient calls the telephone number.
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(Source: P.A. 93‑459, eff. 1‑1‑04.)
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(815 ILCS 505/2QQ)
(Text of Section from P.A. 93‑728)
Sec. 2QQ.
Insurance cards; social security number.
(a) As used in this Section, "insurance card" means a card that a person or entity provides to an individual so that the individual may present the card to establish the eligibility of the individual or his or her dependents to receive health, dental, optical, or accident insurance benefits, prescription drug benefits, or benefits under a managed care plan or a plan provided by a health maintenance organization, a health services plan corporation, or a similar entity.
(b) A person or entity may not print an individual's social security number on an insurance card. A person or entity that provides an insurance card must print on the card an identification number unique to the holder of the card in the format prescribed by Section 15 of the
Uniform Prescription Drug Information Card Act.
(c) An insurance card issued to an individual before the effective date of this amendatory Act of the 93rd General Assembly that does not comply with subsection (b) must be replaced by January 1, 2006 with an insurance card that complies with subsection (b) if the individual's eligibility for benefits continues after the effective date of this amendatory Act of the 93rd General Assembly.
(d) A violation of this Section constitutes an unlawful practice within the meaning of this Act.
(Source: P.A. 93‑728, eff. 1‑1‑05.)
(Text of Section from P.A. 93‑739)
(This Section may contain text from a Public Act with a delayed effective date
)
Sec. 2QQ.
Use of Social Security numbers.
(a) Except as otherwise provided in this Section,
a person may not do any of the following:
(1) Publicly post or publicly display in any manner
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an individual's social security number. As used in this Section, "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public.
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(2) Print an individual's social security number on
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any card required for the individual to access products or services provided by the person or entity; however, a person or entity that provides an insurance card must print on the card an identification number unique to the holder of the card in the format prescribed by Section 15 of the Uniform Prescription Drug Information Card Act.
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(3) Require an individual to transmit his or her
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social security number over the Internet, unless the connection is secure or the social security number is encrypted.
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(4) Require an individual to use his or her social
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security number to access an Internet web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet Web site.
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(5) Print an individual's social security number on
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any materials that are mailed to the individual, unless State or federal law requires the social security number to be on the document to be mailed. Notwithstanding any provision in this Section to the contrary, social security numbers may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process or to establish, amend, or terminate an account, contract, or policy or to confirm the accuracy of the social security number. A social security number that may permissibly be mailed under this Section may not be printed, in whole or in part, on a postcard or other mailer that does not require an envelope or be visible on an envelope or visible without the envelope having been opened.
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(b) A person that used, before July 1, 2005, an
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individual's social security number in a manner inconsistent with subsection (a) may continue using that individual's social security number in the same manner on or after July 1, 2005 if all of the following conditions are met:
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(1) The use of the social security number is
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continuous. If the use is stopped for any reason, subsection (a) shall apply.
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(2) The individual is provided an annual disclosure
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that informs the individual that he or she has the right to stop the use of his or her social security number in a manner prohibited by subsection (a).
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A written request by an individual to stop the use of his
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or her social security number in a manner prohibited by subsection (a) shall be implemented within 30 days of the receipt of the request. There shall be no fee or charge for implementing the request. A person shall not deny services to an individual because the individual makes such a written request.
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(c) This Section does not apply to the collection, use,
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or release of a social security number as required by State or federal law or the use of a social security number for internal verification or administrative purposes. This Section does not apply to the collection, use, or release of a social security number by the State, a subdivision of the State, or an individual in the employ of the State or a subdivision of the State in connection with his or her official duties.
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(d) This Section does not apply to documents that are
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recorded or required to be open to the public under State or federal law, applicable case law, Supreme Court Rule, or the Constitution of the State of Illinois.
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(e) If a federal law takes effect requiring the United
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States Department of Health and Human Services to establish a national unique patient health identifier program, any person who complies with the federal law shall be deemed to be in compliance with this Section.
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(f) A person may not encode or embed a social security
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number in or on a card or document, including, but not limited to, using a bar code, chip, magnetic strip, or other technology, in place of removing the social security number as required by this Section.
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(g) Any person who violates this Section commits an
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unlawful practice within the meaning of this Act.
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(Source: P.A. 93‑739, eff. 7‑1‑06.)
(Text of Section from P.A. 93‑945)
Sec. 2QQ. Gift certificates.
(a) "Gift certificate" means a record evidencing a promise, made for consideration, by the seller or issuer of the record that goods or services will be provided to the holder of the record for the value shown in the record and includes, but is not limited to, a record that contains a microprocessor chip, magnetic stripe or other means for the storage of information that is prefunded and for which the value is decremented upon each use, a gift card, an electronic gift card, stored‑value card or certificate, a store card or a similar record or card. For purposes of this Act, the term "gift certificate" does not include any of the following:
(i) prepaid telecommunications and technology cards
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including, but not limited to, prepaid telephone calling cards, prepaid technical support cards, and prepaid Internet disks that are distributed to or purchased by a consumer;
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(ii) prepaid telecommunications and technology cards
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including, but not limited to, prepaid telephone calling cards, prepaid technical support cards, and prepaid Internet disks that are provided to a consumer pursuant to any award, loyalty, or promotion program without any money or other thing of value being given in exchange for the card; or
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(iii) any gift certificate usable with multiple
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sellers of goods or services.
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(b) Any gift certificate subject to a fee must contain
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a statement clearly and conspicuously printed on the gift certificate stating whether there is a fee, the amount of the fee, how often the fee will occur, that the fee is triggered by inactivity of the gift certificate, and at what point the fee will be charged. The statement may appear on the front or back of the gift certificate in a location where it is visible to any purchaser prior to the purchase.
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(c) Any gift certificate subject to an expiration date
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must contain a statement clearly and conspicuously printed on the gift certificate stating the expiration date. The statement may appear on the front or back of the gift certificate in a location where it is visible to any purchaser prior to the purchase.
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(d) Subsection (c) does not apply to any gift certificate
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that contains a toll free phone number and a statement clearly and conspicuously printed on the gift certificate stating that holders can call the toll free number to find out the balance on the gift certificate, if applicable, and the expiration date. The toll free number and statement may appear on the front or back of the gift certificate in a location where it is visible to any purchaser prior to the purchase.
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(e) This Section does not apply to any of the following
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(i) Gift certificates that are distributed by the
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issuer to a consumer pursuant to an awards, loyalty, or promotional program without any money or thing of value being given in exchange for the gift certificate by the consumer.
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(ii) Gift certificates that are sold below face
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value at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes if the expiration date on those gift certificates is not more than 30 days after the date of sale.
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(iii) Gift certificates that are issued for a food
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(Source: P.A. 93‑945, eff. 1‑1‑05.)
(Text of Section from P.A. 93‑1002)
Sec. 2QQ. Prepaid calling service.
(a) For purposes of this Section 2QQ, the terms "Prepaid Calling Service", "Prepaid Calling Service Provider", "Prepaid Calling Service Retailer", and "Prepaid Calling Service Reseller" shall have the same definitions as those in Sections 13‑230, 13‑231, 13‑232, and 13‑233, respectively, of the Public Utilities Act.
For the purposes of this Section, "international preferred destination" means a prepaid calling service that advertises a specific international destination either on the card, the packaging material accompanying the card, or through an offering of sale of the service.
(b) On and after July 1, 2005, it is an unlawful practice under this Act for any prepaid calling service provider or prepaid calling service reseller to sell or offer to sell prepaid calling service to any prepaid calling service retailer unless the prepaid calling service provider has applied for and received a Certificate of Prepaid Calling Service Provider Authority from the Illinois Commerce Commission pursuant to the Public Utilities Act and the prepaid calling service provider or prepaid calling service reseller shows proof of the prepaid calling service provider's Certificate of Prepaid Calling Service Provider Authority to the prepaid calling service retailer.
(c) On and after July 1, 2005, it is an unlawful practice under this Act for any prepaid calling service retailer to sell or offer to sell prepaid calling service to any consumer unless the prepaid calling service retailer retains proof of certification of the prepaid calling service provider by the Illinois Commerce Commission pursuant to the Public Utilities Act. The prepaid calling service retailer must retain proof of certification for one year or the duration of the contract with the reseller, whichever is longer. A prepaid calling service retailer with multiple locations selling prepaid calling cards under contract with a prepaid calling service provider may keep the certification at a central location provided, however, that the prepaid calling service retailer make a copy of the certification available upon reasonable request within 48 hours.
(d) On and after July 1, 2005, no prepaid calling service provider or prepaid calling service reseller shall sell or offer to sell prepaid calling service, as those terms are defined in Article XIII of the Public Utilities Act, to any Illinois consumer, either directly or through a prepaid calling service retailer, unless the following disclosures are made clearly and conspicuously:
(1) At a minimum, the following terms and conditions
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shall be disclosed clearly and conspicuously on the prepaid calling card, if applicable:
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(A) the full name of the Prepaid Calling Service
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Provider as certificated by the Illinois Commerce Commission;
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(B) the toll‑free customer service number;
(C) an access number that is toll‑free or a
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number local to the prepaid calling retailer; and
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(D) the refund policy or a statement that the
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refund policy is located on the packaging materials.
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(2) At a minimum, all the material terms and
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conditions pertaining to the specific prepaid calling card shall be disclosed clearly and conspicuously on the packaging materials accompanying the prepaid calling card including, but not limited to, the following, if applicable:
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(A) the value of the card in minutes or the
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domestic rate per minute of the card;
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(B) all surcharges and fees applicable to the use
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of the domestic prepaid calling service;
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(C) all applicable rates for international
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(D) all applicable surcharges and fees for
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international preferred destinations;
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(E) a disclosure statement indicating that all
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rates, surcharges, and fees applicable to international calls are available through the toll‑free customer service number and a statement disclosing if international rates vary from domestic rates; and
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(F) the expiration policy.
(3) At a minimum, the following information shall be
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disclosed clearly and conspicuously and accurately through the toll‑free customer service telephone number through which the customer is able to speak with a live customer service representative:
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(A) the Illinois Commerce Commission certificate
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number of the Prepaid Calling Service Provider;
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(B) all applicable rates, terms, surcharges, and
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fees for domestic and international calls;
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(C) all information necessary to determine the
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(D) the balance of use in the consumer's account;
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(E) the applicable expiration date or period.
The disclosures required under this subsection (d) do not apply to the recharging of dollars or minutes to a previously purchased card allowing prepaid calling service.
(Source: P.A. 93‑1002, eff. 1‑1‑05.)
(Text of Section from P.A. 93‑1016)
Sec. 2QQ. Internet service; cancellation.
(a) As used in this Section:
"Internet service provider" means a person who provides a service that combines computer processing, information storage, protocol conversion, and routing with transmission to enable a consumer to access Internet content and services.
(b) This Section applies only to agreements under which an Internet service provider provides service to consumers, for home and personal use, for a one‑year term that is automatically renewed for another one‑year term unless a consumer cancels the service.
(c) An Internet service provider must give a consumer who is an Illinois resident the following: (1) a secure method at the Internet service provider's web site that the consumer may use to cancel the service, which method shall not require the consumer to make a telephone call or send U.S. Postal Service mail to effectuate the cancellation; and (2) instructions that the consumer may follow to cancel the service at the Internet service provider's web site.
(d) A person who violates this Section commits an unlawful practice within the meaning of this Act.
(Source: P.A. 93‑1016, eff. 1‑1‑05.)
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