100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1568

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 145/2  from Ch. 17, par. 6102

    Amends the Credit Card Liability Act. Makes a technical change in a Section concerning unsolicited credit cards.


LRB100 03442 JLS 13447 b

 

 

A BILL FOR

 

HB1568LRB100 03442 JLS 13447 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Credit Card Liability Act is amended by
5changing Section 2 as follows:
 
6    (815 ILCS 145/2)  (from Ch. 17, par. 6102)
7    Sec. 2. (a) Notwithstanding that that a person in whose
8name a credit card has been issued has requested or applied for
9such card or has indicated his acceptance of an unsolicited
10credit card, as provided in Section 1 hereof, such person shall
11not be liable to the issuer unless the card issuer has given
12notice to such person of his potential liability, on the card
13or within two years preceding such use, and has provided such
14person with an addressed notification requiring no postage to
15be paid by such person which may be mailed in the event of the
16loss, theft, or possible unauthorized use of the credit card,
17and such person shall not be liable for any amount in excess of
18the applicable amount hereinafter set forth, resulting from
19unauthorized use of that card prior to notification to the card
20issuer of the loss, theft, or possible unauthorized use of that
21card:
22    Card without a signature panel.....................$25.00
23    Card with a signature panel........................$50.00

 

 

HB1568- 2 -LRB100 03442 JLS 13447 b

1    After the holder of the credit card gives notice to the
2issuer that a credit card is lost or stolen he is not liable
3for any amount resulting from unauthorized use of the card.
4    (b) When an action is brought by an issuer against the
5person named on a card, issuance of which has been requested,
6applied for, solicited or accepted and defendant puts in issue
7any transaction arising from the use of such card, the burden
8of proving benefit, authorization, use or permission by
9defendant as to such transaction shall be upon plaintiff. In
10the event defendant prevails with respect to any transaction so
11put in issue, the court may enter as a credit against any
12judgment for plaintiff, or as a judgment for defendant, a
13reasonable attorney's fee for services in connection with the
14transaction in respect of which the defendant prevails.
15(Source: P.A. 77-1637.)