103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2694
 
Introduced 1/10/2024, by Sen. Julie A. Morrison
 
SYNOPSIS AS INTRODUCED:
 
New Act
    Creates the Unsolicited Convenience Check Act. Provides that no holder in whose name an unsolicited check is issued shall be liable for any amount resulting from the use of that check or account, unless the holder has accepted the check or account by using the check or account. Provides that the failure to destroy or return an unsolicited check shall not constitute acceptance of the check or account. Provides that any agreement entered into by a holder of a check or account that waives, limits, or disclaims the rights set forth in this Act shall be void as contrary to public policy. Effective immediately.


LRB103 36111 SPS 66201 b

 
 
A BILL FOR
 
SB2694LRB103 36111 SPS 66201 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 1. Short title. This Act may be cited as the 
5Unsolicited Convenience Check Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Check" means any negotiable instrument, as that term is 
8defined in Section 3-104 of the Uniform Commercial Code, that 
9has imprinted on it the holder's name and the depository 
10institution's name, location, and routing number.
11    "Unsolicited check" means any check mailed or otherwise 
12delivered to a holder by an issuer or agent acting on behalf of 
13an issuer for the purpose of drawing on an existing account 
14that is an extension of credit or activating an account to 
15obtain credit other than:
16        (1) in response to a request or application for a 
17    check or account; or
18        (2) as a substitute for a check or account previously 
19    issued to the person to whom the check is mailed or 
20    otherwise delivered.
 
21    Section 10. Holder liability. No holder in whose name an 
22unsolicited check is issued shall be liable for any amount 
 
 
SB2694- 2 -LRB103 36111 SPS 66201 b

1resulting from the use of that check or account, unless the 
2holder has accepted the check or account by using the check or 
3account. The failure to destroy or return an unsolicited check 
4shall not constitute acceptance of the check or account.
 
5    Section 15. Waivers void. Any agreement entered into by a 
6holder of a check or account that waives, limits, or disclaims 
7the rights set forth in this Act shall be void as contrary to 
8public policy.
 
9    Section 99. Effective date. This Act takes effect upon 
10becoming law.