98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1305

 

Introduced , by Rep. Robert F Martwick

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/2J.3 new

    Amends the Consumer Fraud and Deceptive Business Practices Act. Requires any person making a promotional offer to a consumer to include the following information in large print in a conspicuous and prominent location on the advertising material: (1) the cost per month, (2) any additional fees or taxes not included in the advertised price, (3) the total price to be paid by the consumer over the course of the promotion, (4) any early termination fees, and (5) the cost per month upon conclusion of the promotion. Allows the Illinois Department of Financial and Professional Regulation to impose additional requirements on these offers. Defines a promotional offer. Makes it an unlawful business practice to publish any advertising material that does not conform to the disclosure requirements.


LRB098 02937 MLW 32952 b

 

 

A BILL FOR

 

HB1305LRB098 02937 MLW 32952 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 Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2J.3 as follows:
 
6    (815 ILCS 505/2J.3 new)
7    Sec. 2J.3. Promotional Offer Advertising.
8    (a) For the purposes of this Section "promotional offer"
9means a printed offer for consumers to enter into a contract
10for a product or service in which the consumer pays a reduced
11price or fee for the service or product during a specified
12period of the contract.
13    (b) Any person that promotes or advertises any product or
14service by means of a promotional offer must include the
15following disclosures:
16        (1) The cost to the consumer per month.
17        (2) Any fees, taxes, or other costs not included in the
18    promotional price. This includes but is not limited to
19    delivery fees, installation fees, equipment rental fees,
20    and sales tax.
21        (3) The total price to be paid by the consumer over the
22    duration of the promotion's advertised term as calculated
23    by the price per month plus any monthly fees, taxes, or

 

 

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1    other monthly costs not included in the monthly price
2    multiplied by the duration of the promotion plus any
3    non-monthly fees, taxes, or costs not included in the
4    promotional price.
5        (4) Any early termination fees.
6        (5) The cost to the consumer per month upon conclusion
7    of the promotion's term.
8    The disclosures must be printed in large print and be
9placed in a conspicuous and prominent location on the
10promotional offer.
11    (c) The Illinois Department of Financial and Professional
12Regulation may supplement these disclosure requirements in
13form or substance by rule.
14    (d) It shall be an unlawful practice within the meaning of
15this Act for any person to cause to be published any
16advertising material that does not conform to the requirements
17of this Section.
18    (e) Nothing in this Section creates liability for acts by
19the publisher, owner, agent, or employee of a newspaper,
20periodical, radio station, television station, cable
21television system, or other advertising medium arising out of
22the publication or dissemination of advertising material
23governed by this Section unless the publisher, owner agent, or
24employee had knowledge that the advertising material violated
25the requirements of this Section, or had a financial interest
26in the underlying offer.