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Public Act 91-0348
SB85 Enrolled LRB9101780RCpk
AN ACT to amend the Consumer Fraud and Deceptive Business
Practices Act by adding Section 2JJ.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2JJ as follows:
(815 ILCS 505/2JJ new)
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.
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