SB3102sam001 100TH GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 4/17/2018

10000SB3102sam001 LRB100 18714 JLS 38561 a

AMENDMENT TO SENATE BILL 3102

AMENDMENT NO. ______. Amend Senate Bill 3102 by replacing everything after the enacting clause with the following:

"Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2LLL as follows:

(815 ILCS 505/2LLL)

Sec. 2LLL. Retail rebates.

(a) In this Section, "rebate card" means a card, code, or other device that is issued both (i) to a consumer in connection with the consumer's purchase of a product or service and the consumer's completion of the rebate submission process as part of a rebate program operated or administered by a merchant or product manufacturer and (ii) on a prepaid basis primarily for personal, family, or household purposes to a consumer in a specified amount, whether or not that amount may be increased or reloaded, and is redeemable upon presentation at multiple unaffiliated merchants for goods or services or usable at automated teller machines. "Rebate card" does not include (i) a payroll card as defined in the Illinois Wage Payment and Collection Act, (ii) a gift card as defined in the Revised Uniform Unclaimed Property Act, (iii) a stored-value card, as defined in the Revised Uniform Unclaimed Property Act, that is not issued to a consumer in connection with (1) the consumer's purchase of a product or service and (2) the consumer's completion of the rebate submission process as part of a rebate program operated or administered by a merchant or product manufacturer, or (iv) in-store credit for returned merchandise redeemable for merchandise, goods, or services upon presentation at a single merchant or an affiliated group of merchants.

(b) Any person who offers a rebate to consumers at retail on any merchandise must conspicuously display and clearly disclose to the consumer the type of rebate being offered, whether additional fees may apply on the rebate offered, and the form of remittance that will be provided to the consumer.

(c) It is an unlawful practice within the meaning of this Act for any person to offer to consumers at retail a rebate when the rebate is made on a rebate card that charges dormancy fees or other post-issuance fees, except fees for card replacement.

(d) Any person who violates this Section commits an unlawful practice within the meaning of this Act.

(Source: P.A. 97-308, eff. 1-1-12.)".