There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 815 Business Transactions 815 ILCS 505/ Consumer Fraud and Deceptive Business Practices Act.
(815 ILCS 505/1) (from Ch. 121 1/2, par. 261)
Sec. 1.
(a) The term "advertisement" includes the attempt by publication,
dissemination, solicitation or circulation to induce directly or indirectly
any person to enter into any obligation or acquire any title or interest in
any merchandise and includes every work device to disguise any form of
business solicitation by using such terms as "renewal", "invoice", "bill",
"statement", or "reminder", to create an impression of existing obligation
when there is none, or other language to mislead any person in relation to
any sought after commercial transaction;
(b) The term "merchandise" includes any objects, wares, goods,
commodities, intangibles, real estate situated outside the State of
Illinois, or services;
(c) The term "person" includes any natural person or his legal
representative, partnership, corporation (domestic and foreign), company,
trust, business entity or association, and any agent, employee, salesman,
partner, officer, director, member, stockholder, associate, trustee or
cestui que trust thereof;
(d) The term "sale" includes any sale, offer for sale, or attempt to
sell any merchandise for cash or on credit.
(e) The term "consumer" means any person who purchases or contracts for
the purchase of merchandise not for resale in the ordinary course of his
trade or business but for his use or that of a member of his household.
(f) The terms "trade" and "commerce" mean the advertising, offering for
sale, sale, or distribution of any services and any property, tangible or
intangible, real, personal or mixed, and any other article, commodity, or
thing of value wherever situated, and shall include any trade or commerce
directly or indirectly affecting the people of this State.
(g) The term "pyramid sales scheme" includes any plan or operation whereby
a person in exchange for money or other thing of value acquires the opportunity
to receive a benefit or thing of value, which is primarily based upon the
inducement of additional persons, by himself or others, regardless of number,
to participate in the same plan or operation
and is not primarily contingent on the volume or quantity of goods, services,
or other property sold or distributed or to be sold or distributed to persons
for purposes of resale to consumers. For purposes of this subsection, "money
or other thing of value"
shall not include payments made for sales demonstration equipment and materials
furnished on a nonprofit basis for use in making sales and not
for resale.
(Source: P.A. 83‑808.)
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(815 ILCS 505/2) (from Ch. 121 1/2, par. 262)
Sec. 2.
Unfair methods of competition and unfair or deceptive acts or practices,
including but not limited to the use or employment of any deception fraud,
false pretense, false promise, misrepresentation or the concealment,
suppression or omission of any material fact, with intent that others rely
upon the concealment, suppression or omission of such material fact, or the
use or employment of any practice described in Section 2 of the "Uniform
Deceptive Trade Practices Act", approved August 5, 1965, in the conduct of
any trade or commerce are hereby declared unlawful whether any person has
in fact been misled, deceived or damaged thereby. In construing this
section consideration shall be given to the interpretations of the Federal
Trade Commission and the federal courts relating to Section 5 (a) of the
Federal Trade Commission Act.
(Source: P. A. 78‑904.)
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(815 ILCS 505/2A) (from Ch. 121 1/2, par. 262A)
Sec. 2A.
(1) The use or employment of any chain referral sales technique, plan,
arrangement or agreement whereby the buyer is induced to purchase
merchandise upon the seller's promise or representation that if buyer will
furnish seller names of other prospective buyers or like or identical
merchandise that seller will contact the named prospective buyers and buyer
will receive a reduction in the purchase price by means of a cash rebate,
commission, credit toward balance due or any other consideration, which
rebate, commission, credit or other consideration is contingent upon
seller's ability to sell like or identical merchandise to the named
prospective buyers, is declared to be an unlawful practice within the
meaning of this Act.
(2) It is an unlawful practice within the meaning of this Act for any
person, by himself or through others, to sell, offer to sell, or attempt
to sell the right to participate in a pyramid sales scheme.
(Source: P.A. 83‑808.)
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(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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(iii) cancel and return any negotiable instrument | ||
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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 505/2B.1) (from Ch. 121 1/2, par. 262B.1)
Sec. 2B.1.
It shall be unlawful in the sale of consumer
goods or services for any person conducting a mail order or
catalog business in this State, and utilizing a post office
box address or a street address representing a site used
primarily for the receipt or delivery of mail or as a telephone
answering service, to fail to disclose the legal name under which
business is conducted and the complete street address from which
business is actually conducted in all advertising and promotional
materials, including order blanks and forms.
(Source: P.A. 87‑282; 87‑895.)
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(815 ILCS 505/2B.2)
Sec. 2B.2.
Solicitations regarding records.
It is an unlawful practice for
any
person to offer for sale or sell to a consumer access to any records or copies
of any
records pertaining to the consumer that may be obtained at no cost or a nominal
cost from a governmental agency or from any consumer reporting agency as
defined in
the federal Fair Credit Reporting Act unless all offers,
solicitations, and applications for any such service include the following
statement in capital letters in not less than 10 point type:
"MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM
GOVERNMENT AGENCIES. CREDIT REPORTING AGENCIES ARE REQUIRED BY LAW TO
GIVE YOU A COPY OF YOUR CREDIT RECORD UPON REQUEST, AT NO CHARGE OR FOR A
NOMINAL FEE."
(Source: P.A. 89‑630, eff. 1‑1‑97.)
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(815 ILCS 505/2B.3)
Sec. 2B.3.
Deceptive sale or promotion of health‑related cash discount
cards. It is an unlawful
practice for any person to sell, market, promote, advertise, or otherwise
distribute any card or
other purchasing mechanism or device that purports to
offer discounts or access to discounts from health care providers in health
related purchases if:
(1) the card or other purchasing mechanism or device | ||
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(2) the discounts are not specifically authorized by | ||
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(3) the discounts or access to discounts offered or | ||
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(Source: P.A. 92‑296, eff. 1‑1‑02.)
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(815 ILCS 505/2C) (from Ch. 121 1/2, par. 262C)
Sec. 2C.
If the furnishing of merchandise, whether under purchase order or
a contract of sale, is conditioned on the consumer's providing credit
references or having a credit rating acceptable to the seller and the
seller rejects the credit application of that consumer, the seller must
return to the consumer any down payment, whether such down payment is in
the form of money, goods, chattels or otherwise, made under that purchase
order or contract and may not retain any part thereof. The retention by the
seller of part or all of the down payment, whether such down payment is in
the form of money, goods, chattels or otherwise, under those circumstances
as a fee for investigating the credit of the consumer or as liquidated
damages to cover depreciation of the merchandise which was the subject of
the purchase order or contract or for any other purpose is an unlawful
practice within the meaning of this Act, whether that fee or those charges
are claimed from the down payment, whether such down payment is in the form
of money, goods, chattels or otherwise, or made as a separate charge to the
consumer.
(Source: Laws 1967, p. 2143.)
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(815 ILCS 505/2D) (from Ch. 121 1/2, par. 262D)
Sec. 2D.
If a consumer in a retail installment sales transaction gives the
seller a negotiable instrument in part or full payment for the merchandise
which is the subject of a purchase order, retail charge agreement or retail
installment sales contract before that merchandise is delivered or
furnished to him, the assignment of that agreement or contract or the
transfer of that negotiable instrument does not bar that consumer from
asserting against the assignee or transferee any defense or right of action
he may have against the seller unless (1) the contract or agreement
contains, in at least 10‑point bold type, the following notice:
"NOTICE TO BUYER
You have the right to give the assignee named (or if no assignee is named,
to give the seller) written notice of any defense or right of action which
you may have against the seller within 5 days of delivery of the
merchandise described herein. If a notice is not received within that time,
you may not assert such defense or right of action against the assignee.";
And (2) such a notice is not given within the time period stated. Notice is
received within the meaning of this Section if the seller or assignee has
refused to accept delivery by certified or registered mail of such a
notice. It is an unlawful practice within the meaning of this Act for a
seller to transfer, assign or negotiate a negotiable instrument made by and
received from a consumer in connection with an order for or a contract
involving merchandise to be furnished by that seller to that consumer with
the intent of not furnishing or delivering merchandise of the quantity,
quality and specifications and at the time and place called for by that
order or contract.
This Section does not apply where the merchandise which is the subject
of the purchase order, retail charge agreement or retail installment sales
contract is a motor vehicle, or where the negotiable instrument is made in
accordance with the provisions of Subchapter I of the National Housing Act,
as heretofore and hereafter amended.
(Source: Laws 1967, p. 2143.)
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(815 ILCS 505/2E) (from Ch. 121 1/2, par. 262E)
Sec. 2E.
Any person who is regularly engaged in the business of providing
or furnishing merchandise to consumers or in making loans to consumers and
who has committed in any calendar year 3 or more violations, as determined
in any civil or criminal proceeding, of the "Consumer Finance Act"; the
"Consumer Installment Loan Act"; the "Retail Installment Sales Act";
the "Motor Vehicle Retail Installment Sales Act"; "An Act to revise the
law in relation to the rate of interest and to repeal certain acts therein
named", approved May 24, 1879, as amended; "An Act to promote the welfare
of wage‑earners by regulating the assignment of wages, and prescribing a
penalty for the violation thereof", approved July 1, 1935, as amended; or
Part 8 of Article XII of the Code of Civil Procedure, as
amended, or of any 2 or more of those Acts, is guilty of an unlawful
practice within the meaning of this Act. Nothing in this Section prohibits
the prosecution of a person under the Acts specified herein as well as
under this Act.
(Source: P.A. 82‑783.)
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(815 ILCS 505/2F) (from Ch. 121 1/2, par. 262F)
Sec. 2F.
Any person who is held in any civil or criminal proceeding to have
wilfully and materially violated any Illinois statutory provision
regulating the extension of credit to borrowers or designed to protect the
consumer purchasing merchandise in a credit, as contrasted from a cash,
transaction is guilty of an unlawful practice within the meaning of this
Act. Nothing in this Section prohibits the prosecution of a person under
the statute violated as well as under this Act.
(Source: Laws 1967, p. 2143.)
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(815 ILCS 505/2G) (from Ch. 121 1/2, par. 262G)
Sec. 2G.
If an installment seller wilfully and materially resells goods he
has repossessed from a buyer in default to a person who is not a good faith
purchaser for value or with whom the seller is in collusion or if the
seller resells those goods at a price intended to increase the amount of
the deficiency recoverable from the defaulting buyer, that seller is guilty
of an unlawful practice within the meaning of this Act.
(Source: Laws 1967, p. 2143.)
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(815 ILCS 505/2H) (from Ch. 121 1/2, par. 262H)
Sec. 2H.
No person may make any attempt, whether by mail, telephone,
personal contact, court action or by any other means, to collect an
obligation from the spouse of the obligor unless the spouse cosigned the
instrument evidencing the obligation or unless the obligation is in default
at least 30 days or unless the goods or services furnished to the obligor
and giving rise to the obligation were necessaries for which the spouse
would be liable to pay under statute or common law. A person who violates
this Section commits an unlawful practice within the meaning of this Act
and is guilty of a Class C misdemeanor.
(Source: P. A. 77‑2261.)
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(815 ILCS 505/2I) (from Ch. 121 1/2, par. 262I)
Sec. 2I.
No person may attempt to collect an obligation by communicating in
any way with an employer with regard to the obligation owing by one of his
employees unless there has been a default of the payment of the obligation
for at least 30 days and at least 5 days prior notice of the intention to
communicate with the employer has been given to the employee. Any person
violating this Section commits an unlawful practice within the meaning of
this Act and, in addition, is liable in a civil action for damages
resulting to the employee about whom such a communication is wrongfully
made.
(Source: Laws 1967, p. 2143.)
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(815 ILCS 505/2J) (from Ch. 121 1/2, par. 262J)
Sec. 2J.
No seller may include or cause to be included in any
advertisement, price tag, display or other device used to describe the
goods to be sold or to induce the purchase of those goods a statement that
the goods may be purchased by weekly, monthly or other periodic payments
unless that statement clearly sets forth the cash sale price of the goods
in immediate conjunction with the amount of such periodic payment payable;
the downpayment, if any; the number, amount and due dates or period of
payments scheduled to repay the indebtedness if the credit is extended; and
the rate of charge for credit expressed as an annual percentage rate.
A seller who complies with the federal Truth In Lending Act, amendments
thereto, and any regulation issued or which may be issued thereunder, shall
be deemed to be in compliance with the provisions of this Section.
A seller who violates this Section is guilty of an unlawful practice
within the meaning of this Act.
(Source: P.A. 84‑894.)
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(815 ILCS 505/2J.1) (from Ch. 121 1/2, par. 262J.1)
Sec. 2J.1.
Any retail seller, or motor vehicle dealer within the
meaning of Chapter 5 of the Illinois Vehicle Code, who publishes or issues
coupons for use by consumers in the purchase of specific items
of merchandise in the retail outlet of the seller, or established place
of business, and represents that presentation of a coupon permits the purchase
of a specific item of merchandise for less than the regular price shall clearly
state (a) the discount or (b) the fact that the coupon featured price is a
"sale" price to which the presenter is entitled.
No coupon shall be offered in connection with any retail sale of a motor
vehicle.
(Source: P.A. 89‑650, eff. 1‑1‑97.)
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(815 ILCS 505/2J.2) (from Ch. 121 1/2, par. 262J.2)
Sec. 2J.2.
Any person who sells or offers to sell or
exposes for sale to consumers at retail any merchandise
using an automatic price look‑up system shall conspicuously
display the price information in Arabic numerals in close
proximity to any item which is not individually marked with
the current selling price.
Any person who violates this Section commits an unlawful practice within
the meaning of this Act.
(Source: P.A. 85‑419.)
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(815 ILCS 505/2K) (from Ch. 121 1/2, par. 262K)
Sec. 2K.
No person engaged in the making of loans to consumers or
furnishing goods or services to consumers in a credit transaction may
advertise using the terms "bank rates", "bank financing" or words of like
import unless it is a bank, banking association or trust company authorized
to do business under the laws of this State or of the United States. A
person who violates this Section commits an unlawful practice within the
meaning of this Act.
(Source: Laws 1967, p. 2143.)
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(815 ILCS 505/2L) (from Ch. 121 1/2, par. 262L)
Sec. 2L.
Any retail sale of a motor vehicle made after January 1,
1968 to a consumer by a new motor vehicle dealer or used motor vehicle
dealer within the meaning of Chapter 5 of the Illinois Vehicle Code is
made subject to this Section.
(a) The dealer is liable to the purchasing consumer for the
following share of the cost of the repair of Power Train components for
a period of 30 days from date of delivery, unless the repairs have
become necessary by abuse, negligence, or collision. The burden of
establishing that a claim for repairs is not within this Section shall
be on the selling dealer. The dealer's share of such repair costs is:
(1) in the case of a motor vehicle which is not more than 2 years
old, 50%;
(2) in the case of a motor vehicle which is 2 or more, but less than
3 years old, 25%;
(3) in the case of a motor vehicle which is 3 or more, but less than
4 years old, 10%; and
(4) in the case of a motor vehicle which is 4 or more years old,
none.
(b) Notwithstanding the foregoing, such a dealer and a purchasing
consumer may negotiate a sale and purchase that is not subject to this
Section if there is stamped on any purchase order, contract, agreement,
or other instrument to be signed by the consumer as a part of that
transaction, in at least 10‑point bold type immediately above the
signature line, the following:
"THIS VEHICLE IS SOLD AS IS WITH NO WARRANTY
AS TO MECHANICAL CONDITION"
(c) As used in this Section, "Power Train components" means the
engine block, head, all internal engine parts, oil pan and gaskets,
water pump, intake manifold, transmission, and all internal transmission
parts, torque converter, drive shaft, universal joints, rear axle and
all rear axle internal parts, and rear wheel bearings.
(d) The repair liability means that the dealer will make necessary
Power Train component repairs in his shop, or in the shop of his service
affiliate, on the basis of his regular list price charge for parts and
labor, where the flat rate list price does not exceed 50% of the selling
price of the vehicle at the time repairs are requested.
(e) The age of the vehicle shall be measured according to the
manufacturer's model year designation as shown on the Certificate of
Title or Registration Certificate. Vehicles shall be designated as
current year models, one year old, 2 year old, and so forth according to
the time that has elapsed since January 1 of the appropriate model year
so designated.
(f) This Section does not preclude the issuance of a warranty or
guarantee by a motor vehicle dealer or motor car manufacturer that meets
or exceeds the basic provisions of paragraph (a).
(g) After the effective date of this amendatory Act of 1989,
executives' and officials' cars when so advertised shall have been used
exclusively by executives of the parent motor car manufacturer's personnel
or by an executive of an authorized dealer in the same make of car. These
cars, so advertised, shall not have been sold to a member of the public
prior to the appearance of the advertisement.
Any person who violates this Section commits an unlawful practice
within the meaning of this Act.
(Source: P.A. 86‑351; 87‑1140.)
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(815 ILCS 505/2M) (from Ch. 121 1/2, par. 262M)
Sec. 2M.
No person engaged in the business of performing services on merchandise
shall advertise such services as factory authorized services unless such
services are performed by factory authorized personnel. Any person so
advertising shall, upon request, supply proof of such authorization through
manufacturer certification. Any person who violates this Section commits an
unlawful practice within the meaning of this Act, and in addition to relief
available under Section 7 of this Act, may be prosecuted for the commission
of a Class C misdemeanor.
(Source: P. A. 78‑589.)
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(815 ILCS 505/2N) (from Ch. 121 1/2, par. 262N)
Sec. 2N.
Non‑English language transaction.
(a) If (i) a person conducts, in a language other than English, a retail
transaction or negotiations related to
a retail transaction
resulting in a written contract
and (ii) the consumer
used an interpreter other than the retailer or an employee of the retailer in
conducting the transaction or negotiations, the retailer must have the consumer
and the interpreter sign the following forms:
I, (name of consumer), used (name of interpreter) to | ||
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(signature of consumer)
(relationship of interpreter to consumer)
I, (name of interpreter), acted as interpreter | ||
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(signature of interpreter)
(relationship of interpreter to consumer)
(b) If (i) a person conducts, in a language other than English, a retail
transaction or negotiations related to
a retail transaction
resulting in a written contract
and (ii) the retailer or
an employee of the retailer acted as the consumer's interpreter in conducting
the transaction or negotiations, the retailer must have the consumer sign the
following form in the consumer's native language (except as provided in
subsection (c)):
This retail transaction or these negotiations were | ||
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(signature of consumer)
(signature of retailer)
(c) If a language that cannot be written is used in the retail
transaction or in negotiations related to a retail transaction, then the form
set forth in subsection (b) shall be in the
English language.
(d) If a person used forms substantially similar to the forms
prescribed in subsections (a) and (b) in the regular course of
business before January 1, 2002, the person may continue to use
those forms instead of the forms prescribed in subsections (a)
and (b).
(e) The terms of this Section do not apply to transactions
made pursuant to a credit card issued to the buyer, whether such card is
issued by the seller or by a third party.
(Source: P.A. 92‑478, eff. 8‑23‑01.)
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(815 ILCS 505/2P) (from Ch. 121 1/2, par. 262P)
Sec. 2P.
Offers of free prizes, gifts, or gratuities; disclosure of
conditions. It is an unlawful practice for any person to promote or
advertise any business, product, utility service, including but not limited
to, the provision of electric, telecommunication, or gas service, or interest
in property, by means of
offering free prizes, gifts, or gratuities to any consumer, unless all
material terms and conditions relating to the offer are clearly and
conspicuously disclosed at the outset of the offer so as to leave no
reasonable probability that the offering might be misunderstood.
(Source: P.A. 90‑561, eff. 12‑16‑97.)
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(815 ILCS 505/2P.1)
Sec. 2P.1.
Telemarketing; free trials.
(a) As used in this Section, "telemarketing" means a plan, program, or
campaign
which is conducted to
induce the purchase of goods or services by use of one or more telephones and
which involves calls to or
from more than one consumer.
(b) A person or entity that, by means of a telemarketing plan, program, or
campaign, offers free goods or
services to an Illinois consumer on a trial basis and assesses a periodic fee
or charge for the goods or
services after the end of the free trial period must send to the consumer who
accepts the free goods or services an invoice that
the consumer may use to
pay the periodic fee or charge or indicate that the consumer no longer wishes
to receive the goods or services after the end of the free trial
period. The invoice must contain an address and telephone
number the consumer may use to cancel the goods or services if the consumer no
longer wishes to receive the free goods or services after the end of the free
trial period.
(c) Violation of this Section constitutes an unlawful practice
within the meaning of this Act.
(Source: P.A. 93‑194, eff. 1‑1‑04.)
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(815 ILCS 505/2Q) (from Ch. 121 1/2, par. 262Q)
Sec. 2Q.
(a) No person, firm, corporation, partnership or association
engaged in the business of making home improvements or repairs shall
operate a business under a name other than the real names of the
individuals conducting the business, an assumed corporate name under the
Business Corporation Act of 1983 or an assumed business name under the
Assumed Business Name Act or under the real names, assumed corporate, or
assumed business names of an entity for whom the person, firm, corporation,
partnership or association operates as a subcontractor, licensee or
independent contractor. Any person who knowingly violates this Section
commits an unlawful practice within the meaning of this Act, and in
addition to the relief available under Section 7 of this Act, may be
prosecuted for the commission of a Class A misdemeanor. A person who is
convicted of a second or subsequent violation of this Section is guilty of
a Class 4 felony.
(b) When a person is engaged in the business of home repair, as
defined in Section 2(a)(1) of the Home Repair Fraud Act, and has entered
into a contract or an agreement for home repair with a consumer, he shall
notify the consumer in writing of any change in his or its business name or
address occurring prior to the agreed dates for commencement or completion
of home repair. The notice shall be given within 10 days after the change
of business name or address. For purposes of this subsection, "business
address" means the address provided by the home repair contractor to the
consumer at the time of the contract or agreement or the address indicated
on the face of the contract or agreement.
(c) A person engaged in the business of home repair, as defined in
Section 2(a)(1) of the Home Repair Fraud Act, who fails or refuses to
commence or complete work under a contract or an agreement for home repair,
shall return the down payment and any additional payments made by the
consumer within 10 days after a written demand sent to him by certified
mail by the consumer or the consumer's legal representative or by a law
enforcement or consumer agency acting on behalf of the consumer.
(Source: P.A. 87‑820.)
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(815 ILCS 505/2R) (from Ch. 121 1/2, par. 262R)
Sec. 2R.
It is an unlawful practice for any person who sells
advertisements to be published in a directory or listing of telephone numbers
to fail to disclose the number of directories distributed in the previous
edition, the geographic area of distribution, the name of the publisher of
the directory and whether or not the publisher is affiliated with a
telecommunications carrier.
(Source: P.A. 85‑501.)
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(815 ILCS 505/2S) (from Ch. 121 1/2, par. 262S)
Sec. 2S.
No person may report adverse information to a consumer
reporting agency, provide information to a collection agency or take any
collection action regarding a cosigner of an obligation unless prior
thereto, such person has notified the cosigner by first class mail that the
primary obligor has become delinquent or defaulted on the loan, that the
cosigner is responsible for the payment of the obligation and that the
cosigner must, within 15 days from the date such notice was sent, either pay
the amount due under the obligation or make arrangements for payment of the
obligation. In the event that the cosigner pays or makes arrangements to
pay the obligation, no adverse information shall be reported regarding the
cosigner.
Any person violating this Section commits an unlawful practice within the
meaning of this Act and, in addition, is liable in a civil action for
actual damages of up to $250 plus reasonable attorney's fees.
(Source: P.A. 85‑1209)
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(815 ILCS 505/2T) (from Ch. 121 1/2, par. 262T)
Sec. 2T.
No person, firm, corporation, partnership or association which
may extend credit or make a loan secured by an interest in real estate
which is or is to be improved with a single family residence or any
residential condominium unit occupied or to be occupied as a principal
residence by either the borrower as an individual or, if the borrower is
the trustee of a trust, by a beneficiary of that trust, shall require,
either directly or indirectly, as a condition precedent to making such loan
or extending such credit (a) that any seller, borrower, mortgagor or debtor
to whom such money or credit is extended negotiate, obtain or contract for
title insurance through a particular insurer, agent or broker; or (b) that
any seller, borrower, mortgagor or debtor pay for a title commitment or
policy other than a title commitment or policy issued at the request of the
seller, borrower, mortgagor or other debtor. Nothing contained in this
Section shall be construed to prohibit the lender from requiring title
insurance as a condition of making a loan secured by an interest in real
estate. The lender may refuse to make the loan or may reject the title
insurer or the proposed policy if the lender believes on reasonable grounds
that the title insurance will afford insufficient financial protection to
the lender or insufficient protection as defined under regulations
administered by the Federal Home Loan Bank Board. Nothing contained in
this Section shall be construed to affect any provision in a contract
between a seller and buyer of real estate with respect to the selection of
title insurance.
(Source: P.A. 85‑1209; 85‑1351; 85‑1440.)
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(815 ILCS 505/2U) (from Ch. 121 1/2, par. 262U)
Sec. 2U.
No person shall intentionally or negligently misrepresent the
capabilities of a device for detecting and measuring radon or radon
progeny. A person who violates this Section commits an unlawful practice
within the meaning of this Act and is guilty of a Class A misdemeanor.
(Source: P.A. 86‑251.)
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(815 ILCS 505/2V) (from Ch. 121 1/2, par. 262V)
Sec. 2V.
No person shall intentionally or negligently misrepresent the
results of a test to detect or measure radon or radon progeny. A person
who violates this Section commits an unlawful practice within the meaning
of this Act and is guilty of a Class A misdemeanor.
(Source: P.A. 86‑251.)
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(815 ILCS 505/2W) (from Ch. 121 1/2, par. 262W)
Sec. 2W.
No person shall, for compensation, perform any act or
service to reduce radon or radon progeny unless that person has an
objective basis to believe that the act or service performed will reduce
radon or radon progeny as represented. A person who violates this Section
commits an unlawful practice within the meaning of this Act and is guilty
of a Class A misdemeanor. Any person who has been injured by a violation
of this Section may maintain an action in circuit court for damages against
any person who has committed such violation. The person injured shall be
awarded 3 times the amount of actual damages resulting from that violation
together with costs and reasonable attorney's fees.
(Source: P.A. 86‑251.)
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(815 ILCS 505/2X) (from Ch. 121 1/2, par. 262X)
Sec. 2X.
It is an unlawful practice for any person to promote or
advertise any business, product or interest in property by means of
distributing documents designed to simulate checks or other negotiable
instruments unless such
instrument has printed upon both its front and back, the following
statement: "This is not a Check".
However, it is not an unlawful practice under this Section for a person
to distribute for commercial purposes a sample or specimen of a check or
other instrument which is used to solicit orders for the sale of that
instrument and which is clearly marked as a non‑negotiable sample or specimen.
(Source: P.A. 86‑362; 86‑1028.)
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(815 ILCS 505/2Y) (from Ch. 121 1/2, par. 262Y)
Sec. 2Y.
Misrepresentation of effect of use of gasohol on motor vehicle
warranties.
(a) No person shall make any false or misleading statement or
representation to any person concerning the legal effect of the use of
gasohol as a motor vehicle fuel on the applicability of any coverage under
a warranty made with respect to a motor vehicle.
(b) A person who violates the provisions of this Section commits an
unlawful practice within the meaning of this Act. A person who violates
the provisions of this Section commits a business offense and may be fined
not less than $501 nor more than $1,000 for each offense.
(Source: P.A. 87‑668; 88‑45.)
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(815 ILCS 505/2Z)(from Ch. 121 1/2, par. 262Z)
Sec. 2Z. Violations of other Acts. Any person who knowingly violates
the Automotive Repair Act, the Automotive Collision Repair Act,
the Home Repair and Remodeling Act,
the Dance Studio Act,
the Physical Fitness Services Act,
the Hearing Instrument Consumer Protection Act,
the Illinois Union Label Act,
the Job Referral and Job Listing Services Consumer Protection Act,
the Travel Promotion Consumer Protection Act,
the Credit Services Organizations Act,
the Automatic Telephone Dialers Act,
the Pay‑Per‑Call Services Consumer Protection Act,
the Telephone Solicitations Act,
the Illinois Funeral or Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic Bed Act,
the Pre‑Need Cemetery Sales Act,
the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3‑10 of the
Cigarette Tax Act, the Payday Loan Reform Act, subsection
(a) or (b) of Section 3‑10 of the Cigarette Use Tax Act, the Electronic
Mail Act, paragraph (6)
of
subsection (k) of Section 6‑305 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, or the Personal Information Protection Act commits an unlawful practice within the meaning of this Act.
(Source: P.A. 93‑561, eff. 1‑1‑04; 93‑950, eff. 1‑1‑05; 94‑13, eff. 12‑6‑05; 94‑36, eff. 1‑1‑06; 94‑280, eff. 1‑1‑06; 94‑292, eff. 1‑1‑06; 94‑822, eff. 1‑1‑07.)
(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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(2) A legal intern, as described by the rules of the | ||
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(3) A not‑for‑profit organization recognized by the | ||
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(4) Any organization employing or desiring to employ | ||
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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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(2) Transcribing responses to a government agency | ||
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(3) Translating information on forms to a customer | ||
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(4) Securing for the customer supporting documents | ||
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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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(7) Making referrals, without fee, to attorneys who | ||
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(8) Preparing or arranging for the preparation of | ||
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(9) Arranging for the performance of medical testing | ||
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(10) Conducting English language and civics courses.
(11) Other services that the Attorney General | ||
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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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(3) A statement that documents submitted in support | ||
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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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(2) The statement "I AM NOT ACCREDITED TO REPRESENT | ||
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(3) The fee schedule.
(4) The statement that "You may cancel any contract | ||
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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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(2) Retain any compensation for service not | ||
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(2.5) Accept payment in exchange for providing legal | ||
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(3) Refuse to return documents supplied by, prepared | ||
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(4) Represent or advertise, in connection with the | ||
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(5) Provide legal advice, recommend a specific | ||
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(6) Make any misrepresentation of false statement, | ||
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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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(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 505/2BB)
Sec. 2BB.
The assembly, drafting, execution, and funding of a living trust
document or any of those acts
by a corporation or a nonlawyer is an unlawful practice within the
meaning of this Act. Any person who violates this Section is guilty of a Class
A misdemeanor. A person who is convicted of a second or subsequent violation
of this Section is guilty of a Class 4 felony.
This Section shall not apply to any State or national bank, State or
federal savings and loan association, savings bank, trust company, or any other
corporation that has received a certificate of authority authorizing the
exercise of trust powers under the Illinois Corporate Fiduciary Act.
This Section shall not apply to any State or federal credit union, as
defined in Section 1.1 of the Illinois Credit Union Act, or the ability of any
such credit union to issue accounts under the Illinois Trusts and Payable Upon
Death Accounts Act.
Nothing in this Section shall authorize a person to engage in the
unauthorized practice of law.
(Source: P.A. 88‑305; 88‑644, eff. 9‑9‑94.)
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(815 ILCS 505/2CC)
Sec. 2CC.
Wholesale advertising.
(a) A person may represent directly or by implication in any advertising
that a person offers to sell or sells a particular article of merchandise at a
wholesale price if that person can substantiate significant savings on his
price as compared to identical merchandise offered for sale by retailers in the
trade area. However, it is an unlawful practice to represent directly or by
implication in any advertising that a person is a wholesaler or offers to sell
or sells merchandise at wholesale to the public unless the person:
(1) makes a substantial and significant number of | ||
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(2) can substantiate savings on the prices offered | ||
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(b) It is an unlawful practice to represent directly or by implication in
any advertising that a person offers to sell or sells a particular article of
merchandise at a wholesale price unless that person can substantiate
significant savings on his price as compared to identical merchandise offered
for sale by retailers in the trade area.
(Source: P.A. 88‑576, eff. 8‑12‑94.)
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(815 ILCS 505/2DD)
Sec. 2DD.
Telecommunication service provider selection.
A
telecommunication carrier shall not submit or execute a change in a
subscriber's
selection of a provider of local exchange telecommunications service or
interexchange telecommunications service or offer or provide a product or
service to be billed on the telephone bill as provided in Sections 13‑902 and
13‑903 of the Public
Utilities
Act except in accordance with (i) the
verification procedures adopted by the Federal Communications Commission under
the Communications Act of 1996, including subpart K of 47 CFR 64, as those
procedures are from time to time amended, and (ii) Sections 13‑902 and
13‑903 of the
Public Utilities Act and any rules adopted by the
Illinois Commerce Commission under the authority of that Section
as those rules are from time to time amended. A telecommunications carrier
that violates this Section commits an unlawful practice within the meaning of
this Act.
(Source: P.A. 92‑22, eff. 6‑30‑01.)
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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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(2) The letter of agency shall be a separate | ||
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(3) The letter of agency shall not be combined with | ||
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(4) Notwithstanding subparagraphs (1) and (2) of | ||
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(5) At a minimum, the letter of agency must be | ||
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(i) The subscriber's billing name and address;
(ii) The decision to change the electric service | ||
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(iii) The terms, conditions, and nature of the | ||
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(iv) That the subscriber understand that any | ||
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(6) Letters of agency shall not suggest or require | ||
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(7) If any portion of a letter of agency is | ||
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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 505/2FF)
Sec. 2FF.
Electric service fraud; elderly persons or
disabled persons; additional penalties.
With respect to the advertising, sale, provider
selection, billings, or collections relating to the provision
of electric service, where the consumer is an elderly person
or disabled person, a civil penalty of $50,000 may be imposed
for each violation.
For purposes of this
Section:
(1) "Elderly person" means a person 60 years of age
or older.
(2) "Disabled person" means a person who suffers
from a permanent physical or mental impairment resulting
from disease, injury, functional disorder or congenital
condition.
(3) "Electric service" shall have the meaning given
that term in Section 6.5 of
the Attorney General
Act.
(Source: P.A. 90‑561, eff. 12‑16‑97.)
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(815 ILCS 505/2GG)
Sec. 2GG.
Electric service advertising.
Any
advertisement for electric service that lists rates shall
clearly and conspicuously disclose all associated costs for
such service including, but not limited to, access fees and
service fees.
(Source: P.A. 90‑561, eff. 12‑16‑97.)
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(815 ILCS 505/2HH)
Sec. 2HH.
Billing and collection practices of electric
service providers. Each person selling generation,
transmission, distribution, metering, or billing of electric
service shall display the name, the toll‑free telephone number
of such service provider, and a description of the services
provided on all bills submitted to subscribers of such
services. All personal information relating to the
subscriber of generation, transmission, distribution, metering,
or billing of electric service shall be maintained by the
service providers solely for the purpose of generating the
bill for such services, and shall not be divulged to any
other persons with the exception of credit bureaus,
collection agencies, and persons licensed to market electric
service in the State of Illinois, without the written consent
of the subscriber.
(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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(2) "Telecommunications service" has the meaning | ||
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(3) "Enhanced telecommunications service" means any | ||
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(4) "Sweepstakes box" means the box or receptacle | ||
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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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(2) the alternative means by which a person may | ||
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(3) the name and telephone number of the entity | ||
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(4) a brief description of the nature of the | ||
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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 505/2JJ)
Sec. 2JJ.
Shoppers club information.
(a) It is an unlawful practice for any person who is an officer, manager, or
employee of a merchant to knowingly disclose to a person other than the
merchant's officers, managers, employees, vendors, agents, or consultants
either (i) the identity of an applicant to, or member of, the merchant's
shoppers club or (ii) the identity of a shopper club member's actual purchases
of merchandise, unless the applicant or member consents to the disclosure. An
applicant's or member's consent is presumed if the applicant or member is given
the written opportunity to retain the non‑disclosure rights provided for in
this Section but fails to so affirmatively direct.
(b) For purposes of this Section:
"Merchandise" means any item of tangible personal property.
"Merchant" means an owner or operator of any retail mercantile establishment
and includes but is not limited to any corporation, including parent,
subsidiaries and sister companies, partnerships, sole proprietorship, or any
other form of business entity.
"Retail mercantile establishment" means any place, including Internet web
sites, where merchandise is sold or offered for sale at retail to persons who
are
members of a merchant's shoppers club.
"Shoppers club" means a membership in a discount buying program in which the
purchaser is given a reduction in the price of the merchandise by displaying a
card that, when used with an electronic scanning device or sales recording
device at the time of the purchase of the merchandise, displays the discount
price of the merchandise.
(c) Nothing in this Section precludes the use or distribution to any person
of any compilation, in aggregate form, of information obtained by a merchant
from its operation of a shoppers club.
(d) The provisions of Section 10a of this Act do not apply to a violation of
this Section.
(Source: P.A. 91‑348, eff. 1‑1‑00.)
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(815 ILCS 505/2KK)
Sec. 2KK.
Animal cremation services.
It is an unlawful practice within
the meaning of this Act for a provider of companion animal cremation services
(1) to fail to prepare or distribute a written explanation of services as
required by the Companion Animal Cremation Act; (2) to prepare or distribute
a written explanation of services under that Act that the provider knows or
should know to be false or misleading; or (3) to knowingly make a false
certification under Section 20 of that Act.
(Source: P.A. 92‑287, eff. 1‑1‑02; 92‑651, eff. 7‑11‑02.)
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(815 ILCS 505/2LL)
Sec. 2LL.
Halal food; disclosure.
(a) As used in this Section:
"Dealer" means any establishment that advertises, represents, or holds
itself out as growing animals in a halal way or selling, preparing, or
maintaining food as halal,
including, but not limited to, manufacturers, animals' farms, slaughterhouses,
wholesalers, stores, restaurants, hotels, catering facilities,
butcher shops, summer camps, bakeries, delicatessens, supermarkets,
grocery stores, licensed health care facilities, freezer dealers, and food
plan companies. These establishments may also sell, prepare or maintain
food not represented as halal.
"Director" means the Director of Agriculture.
"Food" means an animal grown to become food for human consumption, a food, a
food product, a food ingredient, a dietary
supplement, or a beverage.
"Halal" means prepared under and maintained in strict compliance with the
laws and customs of the Islamic religion including but not limited to those
laws and customs of zabiha/zebeeha (slaughtered according to appropriate
Islamic codes), and as expressed by reliable recognized Islamic entities and
scholars.
(b) Any dealer who grows animals represented to be grown in a halal way or
who prepares, distributes, sells, or exposes for sale any
food represented to be halal shall
disclose the basis upon which those representations are made by posting the
information required by the Director, in accordance with rules adopted by
the Director, on a sign of a type and size
specified by the Director, in a conspicuous place upon the premises at which
the food is sold or exposed for sale, as required
by the Director.
(c) Any person subject to the requirements of subsection (b) does not
commit an unlawful practice if the person shows
by a preponderance of the evidence that the person relied in
good faith upon the representations of an animals' farm,
slaughterhouse, manufacturer, processor, packer, or distributor of any food
represented to be halal.
(d) Possession by a dealer of any animal grown to become food for
consumption or any food not in conformance with the
disclosure required by subsection (b) with respect to that food is presumptive
evidence that the person is in possession of that food with the intent to sell.
(e) Any dealer who grows animals represented to be grown in a halal way or
who prepares, distributes, sells, or exposes for sale any
food represented to be halal shall comply
with all requirements of the Director, including, but not limited to,
recordkeeping, labeling and filing, in accordance with rules adopted by the
Director.
(f) Neither an animal represented to be grown in a halal way to become food
for human consumption, nor a food commodity represented as halal, may be
offered for sale by a dealer until the dealer has registered, with the
Director, documenting
information of the certifying Islamic entity specialized in halal food or the
supervising Muslim Inspector of Halal Food.
(g) The Director shall adopt rules to carry out this Section in
accordance with the Illinois
Administrative Procedure Act.
(h) It is an unlawful practice under this Act to violate this Section or
the rules adopted by the Director to carry out this Section.
(Source: P.A. 92‑394, eff. 1‑1‑02; 92‑651, eff. 7‑11‑02.)
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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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(3) The proper information regarding the third party | ||
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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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(2) if the consumer's credit report was frozen due to | ||
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If a consumer credit reporting agency intends to remove a | ||
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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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(1) Proper identification; and
(2) The unique personal identification number or | ||
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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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(2) A subsidiary, affiliate, agent, assignee, or | ||
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(3) Any state or local agency, law enforcement | ||
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(4) A child support agency acting pursuant to Title | ||
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(5) The relevant state agency or its agents or | ||
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(6) The Department of Revenue or its agents or | ||
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(7) The use of credit information for the purposes of | ||
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(8) Any person or entity administering a credit file | ||
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(9) Any person or entity for the purpose of providing | ||
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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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(2) A deposit account information service company, | ||
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(3) A credit reporting agency that:
(A) acts only to resell credit information by | ||
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(B) does not maintain a permanent database of | ||
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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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(2) the postcard or letter is mailed or sent to | ||
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(3) the postcard or letter does not disclose that | ||
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(Source: P.A. 93‑459, eff. 1‑1‑04.)
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(815 ILCS 505/2OO)
Sec. 2OO.
(Reserved).
(Source: None; this Section number is reserved.)
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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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(2) Print an individual's social security number on | ||
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(3) Require an individual to transmit his or her | ||
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(4) Require an individual to use his or her social | ||
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(5) Print an individual's social security number on | ||
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(b) A person that used, before July 1, 2005, an | ||
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(1) The use of the social security number is | ||
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(2) The individual is provided an annual disclosure | ||
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A written request by an individual to stop the use of his | ||
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(c) This Section does not apply to the collection, use, | ||
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(d) This Section does not apply to documents that are | ||
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(e) If a federal law takes effect requiring the United | ||
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(f) A person may not encode or embed a social security | ||
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(g) Any person who violates this Section commits an | ||
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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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(ii) prepaid telecommunications and technology cards | ||
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(iii) any gift certificate usable with multiple | ||
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(b) Any gift certificate subject to a fee must contain | ||
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(c) Any gift certificate subject to an expiration date | ||
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(d) Subsection (c) does not apply to any gift certificate | ||
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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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(ii) Gift certificates that are sold below face | ||
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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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(A) the full name of the Prepaid Calling Service | ||
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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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(D) the refund policy or a statement that the | ||
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(2) At a minimum, all the material terms and | ||
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(A) the value of the card in minutes or the | ||
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(B) all surcharges and fees applicable to the use | ||
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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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(E) a disclosure statement indicating that all | ||
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(F) the expiration policy.
(3) At a minimum, the following information shall be | ||
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(A) the Illinois Commerce Commission certificate | ||
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(B) all applicable rates, terms, surcharges, and | ||
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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.) |
(815 ILCS 505/2VV) (Text of Section from P.A. 94‑37) Sec. 2VV. Credit and public utility service; identity theft. It is an unlawful practice for a person to deny credit or public utility service to or reduce the credit limit of a consumer solely because the consumer has been a victim of identity theft as defined in Section 16G‑15 of the Criminal Code of 1961, if the consumer: (1) has provided a copy of an identity theft report
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(2) has provided a properly completed copy of a | ||
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(3) has obtained placement of an extended fraud | ||
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(4) is able to establish his or her identity and | ||
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(Source: P.A. 94‑37, eff. 6‑16‑05.) (Text of Section from P.A. 94‑567) Sec. 2VV. Wireless telephone service provider; third party billings. A wireless telephone service provider shall provide a contact telephone number and brief description of the service for all third‑party billings on the consumer's bill, to the extent allowed by federal law, or through a customer service representative. For purposes of this Section, "third‑party billings" means any billing done by a wireless telephone service provider on behalf of a third party where the wireless telephone service provider is merely the billing agent for the third party with no ability to provide refunds, credits, or otherwise adjust the billings.
(Source: P.A. 94‑567, eff. 1‑1‑06.) |
(815 ILCS 505/3) (from Ch. 121 1/2, par. 263)
Sec. 3.
When it appears to the Attorney General that a person has engaged in, is
engaging in, or is about to engage in any practice declared to be unlawful
by this Act; when he receives a written complaint from a consumer or
borrower of the commission of a practice declared to be unlawful under this
Act; or when he believes it to be in the public interest that an
investigation should be made to ascertain whether a person in fact has
engaged in, is engaging in or is about to engage in, any practice declared
to be unlawful by this Act, he may:
(a) Require that person to file on such terms as he prescribes a
statement or report in writing under oath or otherwise, as to all
information as he may consider necessary;
(b) Examine under oath any person in connection with the conduct of any
trade or commerce;
(c) Examine any merchandise or sample thereof, record, book, document,
account or paper as he may consider necessary; and
(d) Pursuant to an order of a Circuit Court impound any record, book,
document, account, paper, or sample of merchandise that is produced in
accordance with this Act, and retain it in his possession until the
completion of all proceedings in connection with which it is produced.
(Source: P.A. 78‑904.)
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(815 ILCS 505/4) (from Ch. 121 1/2, par. 264)
Sec. 4.
To accomplish the objectives and to carry out the duties prescribed
by this Act, the Attorney General, in addition to other powers conferred
upon him by this Act, may issue subpoenas to any person, administer an oath
or affirmation to any person, conduct hearings in aid of any investigation
or inquiry, prescribe such forms and promulgate such rules and regulations
as may be necessary, which rules and regulations shall have the force of
law. To accomplish the objectives and to carry out the duties prescribed by
this Act, the State's Attorney of any county may issue subpoenas to any person.
(Source: P.A. 84‑748.)
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(815 ILCS 505/5) (from Ch. 121 1/2, par. 265)
Sec. 5.
Service by the Attorney General of any notice requiring a person
to file a statement or report, or of a subpoena upon any person, shall be made
(a) personally by delivery of a duly executed copy thereof to the person
to be served, or if a person is not a natural person, in the manner
provided in the Civil Practice Law when a complaint is filed, or
(b) by mailing by certified mail a duly executed copy thereof to the
person to be served at his last known abode or principal place of business
within this State.
Service of any subpoena issued by a State's Attorney shall be made in
the manner provided in the Civil Practice Law.
(Source: P.A. 84‑748.)
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(815 ILCS 505/6) (from Ch. 121 1/2, par. 266)
Sec. 6.
If any person fails or refuses to file any statement or report,
or obey any subpoena issued by the Attorney General or a State's Attorney,
the Attorney General or the State's Attorney may file a complaint in
the circuit court for the:
(a) Granting of injunctive relief, restraining the sale or advertisement
of any merchandise by such persons, or the conduct of any trade or commerce
that is involved;
(b) Vacating, annulling, or suspending of the corporate charter of a
corporation created by or under the laws of this State or the revoking or
suspending of the certificate of authority to do business in this State of
a foreign corporation or the revoking or suspending of any other licenses,
permits or certificates issued pursuant to law to such person which are
used to further the allegedly unlawful practice; and
(c) Granting of such other relief as may be required; until the person
files the statement or report, or obeys the subpoena.
Upon commencement of any action brought under this Act by a State's Attorney,
the State's Attorney shall mail a copy of the complaint or other initial
pleading to the Attorney General, and upon the entry of any judgment or
order in the action, shall mail a copy of such judgment or order to the
Attorney General.
(Source: P.A. 84‑748.)
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(815 ILCS 505/6.1) (from Ch. 121 1/2, par. 266.1)
Sec. 6.1.
In the administration of this Act, the Attorney General may
accept an Assurance of Voluntary Compliance with respect to any method, act or
practice deemed to be violative of the Act from any person who has engaged
in, is engaging in, or was about to engage in such method, act or practice.
Evidence of a violation of an Assurance of Voluntary Compliance shall be
prima facie evidence of a violation of this Act in any
subsequent proceeding brought by the Attorney General against the alleged violator.
(Source: P.A. 85‑501.)
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(815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
Sec. 7.
Injunctive relief; restitution; and civil penalties.
(a) Whenever the Attorney General or a State's Attorney has reason to
believe that any person is using, has used, or is about to use any method,
act or practice declared by this Act to be
unlawful, and that proceedings would be in the public interest, he or she
may bring an action in the name of the People of the State against
such person to restrain by preliminary or permanent injunction the use of
such method, act or practice. The Court, in its discretion, may exercise
all powers necessary, including but not limited to: injunction;
revocation, forfeiture or suspension of any license, charter, franchise,
certificate or other evidence of authority of any person to do business in
this State; appointment of a receiver; dissolution of domestic corporations
or association suspension or termination of the right of foreign
corporations or associations to do business in this State; and restitution.
(b) In addition to the remedies provided herein, the Attorney General or
State's Attorney may request and the Court may impose a civil penalty in a sum
not to exceed $50,000 against any person found by the Court to have engaged in
any method, act or practice declared unlawful under this Act.
In the event the court finds the method, act or practice to have been entered
into with the intent to defraud, the court has the authority to impose a
civil penalty in a sum not to exceed $50,000 per violation.
(c) In addition to any other civil penalty provided in this Section, if a
person is found by the court to have engaged in any method, act, or practice
declared unlawful under this Act, and the violation was committed against a
person 65 years of age or older, the court may impose an additional civil
penalty not to exceed $10,000 for each violation.
A civil penalty imposed under this subsection (c) shall be paid to the
State Treasurer
who shall deposit the money in the State treasury in a special fund designated
the Elderly Victim Fund. The Treasurer shall deposit such moneys into the
Fund monthly. All of the moneys deposited into the Fund shall be appropriated
to the Department on Aging for grants to senior centers in Illinois.
An award of restitution under subsection (a) has priority over a civil
penalty
imposed by the court under this subsection.
In determining whether to impose a civil penalty under this subsection
and the amount of any penalty, the court shall consider the following:
(1) Whether the defendant's conduct was in willful | ||
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(2) Whether the defendant knew or should have known | ||
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(3) Whether the person 65 years of age or older was | ||
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(4) Any other factors the court deems appropriate.
(d) This Section applies if: (i) a court orders a party to make payments
to the Attorney General and the payments are to be used for the operations of
the Office of the Attorney General or (ii) a party agrees, in an Assurance of
Voluntary Compliance under this Act, to make payments to the Attorney General
for the operations of the Office of the Attorney General.
(e) Moneys paid under any of the conditions described in subsection (d)
shall be deposited into the Attorney General Court Ordered and Voluntary
Compliance Payment Projects Fund, which is created as a special fund in the
State Treasury. Moneys in the Fund shall be used, subject to appropriation,
for the performance of any function pertaining to the exercise of the duties of
the Attorney General including but not limited to enforcement of any law of
this State and conducting public education programs; however, any moneys in the
Fund that are required by the court or by an agreement to be used for a
particular purpose shall be used for that purpose.
(Source: P.A. 93‑246, eff. 7‑22‑03.)
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(815 ILCS 505/8) (from Ch. 121 1/2, par. 268)
Sec. 8.
When a receiver is appointed by the court pursuant to this Act, he
shall have the power to sue for, collect, receive and take into his
possession all the goods and chattels, rights and credits, moneys and
effects, lands and tenements, books, records, documents, papers, choses in
action, bills, notes and property of every description, derived by means of
any practice declared to be illegal and prohibited by this Act, including
property with which such property has been mingled if it cannot be
identified in kind because of such commingling, and to sell, convey, and
assign the same and hold and dispose of the proceeds thereof under the
direction of the court. Any person who has suffered damages as a result of
the use or employment of any unlawful practices and submits proof to the
satisfaction of the court that he has in fact been damaged, may participate
with general creditors in the distribution of the assets to the extent he
has sustained out‑of‑pocket losses. In the case of a partnership or
business entity, the receiver shall settle the estate and distribute the
assets under the direction of the court. The court shall have jurisdiction
of all questions arising in such proceedings and may make such orders and
judgments therein as may be required.
(Source: Laws 1961, p. 1867.)
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(815 ILCS 505/9) (from Ch. 121 1/2, par. 269)
Sec. 9.
Subject to an order of the court terminating the business affairs
of any person after receivership proceedings held pursuant to this Act, the
provisions of this Act shall not bar any claim against any person who has
acquired any moneys or property, real or personal, by means of any practice
herein declared to be unlawful.
(Source: Laws 1961, p. 1867.)
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(815 ILCS 505/10) (from Ch. 121 1/2, par. 270)
Sec. 10.
In any action brought under the provisions of this Act, the
Attorney General or the State's Attorney is entitled to recover costs
for the use of this State.
(Source: P.A. 84‑748.)
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(815 ILCS 505/10a)(from Ch. 121 1/2, par. 270a)
Sec. 10a.
Action for actual damages.
(a) Any person who suffers actual damage as a result of a violation
of this Act committed by any other person may bring an action against such
person. The court, in its discretion may award actual economic damages or
any other
relief which the court deems proper; provided, however, that no award of
punitive damages may be assessed under this Section against a party defendant
who is a new vehicle dealer or used vehicle dealer within the meaning of
Chapter 5 of the Illinois Vehicle Code
or who is the holder of a retail installment contract within the meaning of
Section 2.12 of the Motor
Vehicle Retail Installment Sales Act, unless the conduct engaged in was
willful or intentional and done with evil motive or reckless indifference to
the rights of others. Proof of a public
injury, a pattern,
or an effect on consumers and the public interest generally shall
be required in order to state a cause of action under this Section against a
party defendant who is a new vehicle dealer or used vehicle dealer within the
meaning of Chapter 5 of the Illinois Vehicle Code
or who is the holder of a retail installment contract within the meaning of
Section 2.12 of the Motor
Vehicle Retail Installment Sales Act. Proof of such public
injury may be shown by any one of the following factors:
(1) Violation of a statute that has a public
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(2) Repeated acts prior to the act involving the | ||
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(3) Potential for repetition.
(b) Such action may be commenced in the county in which the person
against whom it is brought resides, has his principal place of business, or
is doing business, or in the county where the transaction or any
substantial portion thereof occurred.
(c) Except as provided in subsections (f), (g), and
(h) of this Section, in any
action brought by a person under this Section, the Court may
grant injunctive relief where appropriate and may award, in addition to the
relief provided in this Section, reasonable attorney's fees and costs to
the prevailing party.
(d) Upon commencement of any action brought under this Section the
plaintiff shall mail a copy of the complaint or other initial
pleading to the
Attorney General and, upon entry of any judgment or order in the action,
shall mail a copy of such judgment or order to the Attorney
General.
(e) Any action for damages under this Section shall be forever barred
unless commenced within 3 years after the cause of action accrued; provided
that, whenever any action is brought by the Attorney General or a State's
Attorney for a violation of this Act, the running of the foregoing statute
of limitations, with respect to every private right of action for damages
which is based in whole or in part on any matter complained of in said
action by the Attorney General or State's Attorney, shall be suspended
during the pendency thereof, and for one year thereafter.
(f) At any time more than 30 days before the commencement of trial, a party,
who is a new vehicle dealer or used vehicle dealer within the meaning of
Chapter 5 of the Illinois Vehicle Code
or who is the holder of a retail installment contract within the meaning of
Section 2.12 of the Motor
Vehicle Retail Installment Sales Act
and who is defending a claim under
this Act, may serve upon the party seeking relief under this Act an offer
to allow judgment to be taken against the defending party to the effect
specified in the offer with costs then accrued. If within 10 days after
service of the offer, the offeree serves written notice that the offer is
accepted, either party may then file the offer and notice of acceptance
together with proof of service of the notice; the court shall then enter
judgment. An offer not accepted shall be deemed withdrawn and evidence
of the offer is not admissible except in a proceeding to determine costs. When
a party seeking relief under this Act does not accept an offer filed with
the clerk and served upon the attorney for that party more than 30 days
before the commencement of trial and when that party fails to obtain a
judgment in an amount more than the total offer of settlement, that party
shall forfeit and the court may not award any compensation for attorney's
fees and costs incurred after the date of the offer.
(g) At any time more than 30 days before the commencement of trial, a
party who is seeking relief under this Act from a new vehicle dealer or
used vehicle dealer within the meaning of Chapter 5 of the Illinois
Vehicle Code
or from the holder of a retail installment contract within the meaning of
Section 2.12 of the Motor
Vehicle Retail Installment Sales Act
may serve the dealer or holder an offer to allow judgment to be taken
against the dealer or holder to the effect specified in the offer with
costs then
accrued. If within 10 days after service of the offer, the offeree serves
written notice that the offer is accepted, either party may then file the offer
and notice of acceptance together with proof of service of the notice; the
court shall then enter judgment. An offer not accepted shall be deemed
withdrawn and evidence of the offer is not admissible except in a proceeding to
determine costs. When a dealer or holder does not accept an offer filed
with the clerk
and served upon the attorney for the dealer or holder more than 30 days
before the
commencement of trial and if the party seeking relief against a dealer or
holder obtains
a judgment in an amount equal to or in excess of the offer amount, the party
seeking relief shall be paid interest on the offer amount at the rate as
provided in Section 2‑1303
of the Code of Civil Procedure from the date of the offer until the judgment is
paid.
(h) At least 30 days prior to the filing of an action under this Section,
a party who is seeking relief shall serve a written notice of the nature of the
alleged violation and demand for relief upon the prospective party, who is a
new vehicle dealer or used vehicle dealer within the meaning of Chapter 5 of
the Illinois Vehicle Code
or who is the holder of a retail installment contract within the meaning of
Section 2.12 of the Motor
Vehicle Retail Installment Sales Act, against whom
such action will be commenced. Any person receiving such a demand for relief
may, within 30 days of service of the demand for relief, submit a written offer
of settlement, which offer is to be exclusive of attorney's fees, to the party
serving the notice and demand. The party who is seeking relief must certify in
any cause of action that the notice and demand was served upon the named
defendants and the substance of their response, if any. If the offer of
settlement is rejected in writing by the party who is seeking relief, then, in
any subsequent action, the court shall deny any award of attorney's fees and
costs requested by the party seeking relief under this Act incurred after the
rejection of the written offer of settlement, if the judgment is less than the
amount contained within the offer of settlement. All written offers of
settlement under this subsection shall be presumed to be offered without
prejudice in compromise of a disputed matter.
(Source: P.A. 91‑270, eff. 1‑1‑00.)
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(815 ILCS 505/10b) (from Ch. 121 1/2, par. 270b)
Sec. 10b.
Nothing in this Act shall apply to any of the following:
(1) Actions or transactions specifically authorized by laws administered
by any regulatory body or officer acting under statutory authority of this
State or the United States.
(2) The provisions of "An act to protect trademark owners, distributors,
and the public against injurious and uneconomic practices in the
distribution of articles of standard quality under a trademark, brand or
name," approved July 8, 1935, as amended.
(3) Acts done by the publisher, owner, agent, or employee of a
newspaper, periodical or radio or television station in the publication or
dissemination of an advertisement, when the owner, agent or employee did
not have knowledge of the false, misleading or deceptive character of the
advertisement, did not prepare the advertisement, or did not have a direct
financial interest in the sale or distribution of the advertised product or
service.
(4) The communication of any false, misleading or deceptive information,
provided by the seller of real estate located in Illinois, by a real estate
salesman or broker licensed under "The Real Estate Brokers License Act",
unless the salesman or broker knows of the false, misleading or deceptive
character of such information.
This provision shall be effective as to any communication, whenever
occurring.
(5) Claims seeking damages for conduct that results in bodily injury,
death, or damage to property other than the property that is the subject of the
practice claimed to be unlawful.
This item (5) applies to
causes of action filed on or after
its effective date.
(6) The communication of any false, misleading, or deceptive information
by
an insurance producer, registered firm, or limited insurance representative, as
those terms are defined in the Illinois Insurance Code, or by an insurance
agency
or brokerage house concerning the sale, placement, procurement, renewal,
binding, cancellation of, or terms of any type of insurance or any policy of
insurance unless the insurance producer
has actual knowledge of
the false, misleading, or deceptive character of the information. This
provision shall be effective as to any communications, whenever occurring.
This item (6) applies to all causes of action that accrue on or after the
effective date of this amendatory Act of 1995.
(Source: P.A. 89‑7, eff. 3‑9‑95; 89‑152, eff. 1‑1‑96.)
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(815 ILCS 505/10c)
Sec. 10c.
Waiver or modification.
Any waiver or modification of the
rights, provisions, or remedies of this Act shall be void and
unenforceable.
(Source: P.A. 93‑400, eff. 1‑1‑04.)
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(815 ILCS 505/10d) Sec. 10d. Public Utilities Act; Illinois Commerce Commission.
(a) The General Assembly finds that consumer protection is vital to the health, safety, and welfare of Illinois consumers. (b) Notwithstanding any other provision of law, the Illinois Commerce Commission and its staff shall: (1) work cooperatively with law enforcement | ||
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(2) provide any materials or documents already in the | ||
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(3) upon written request, forward any complaints | ||
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(c) Subject to subdivision (1) of Section 10b of this | ||
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(Source: P.A. 93‑881, eff. 1‑1‑05.) |
(815 ILCS 505/11) (from Ch. 121 1/2, par. 271)
Sec. 11.
If any provision of this Act or the application thereof to any
person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the Act which can be given effect
without the invalid provision or application and to this end the provisions
of this Act are severable.
(Source: Laws 1961, p. 1867.)
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(815 ILCS 505/11a) (from Ch. 121 1/2, par. 271a)
Sec. 11a.
This Act shall be liberally construed to effect the purposes thereof.
(Source: P. A. 78‑904.)
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(815 ILCS 505/12) (from Ch. 121 1/2, par. 272)
Sec. 12.
This Act shall be known and may be cited as the "Consumer Fraud and
Deceptive Business Practices Act".
(Source: P. A. 78‑904.)
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