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Sen. Don Harmon
Filed: 5/13/2026
| | 10400HB0226sam001 | | LRB104 04049 SPS 37751 a |
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| 1 | | AMENDMENT TO HOUSE BILL 226
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| 2 | | AMENDMENT NO. ______. Amend House Bill 226 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Consumer Fraud and Deceptive Business |
| 5 | | Practices Act is amended by changing Section 1 as follows:
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| 6 | | (815 ILCS 505/1) (from Ch. 121 1/2, par. 261) |
| 7 | | Sec. 1. (a) The The term "advertisement" includes the |
| 8 | | attempt by publication, dissemination, solicitation or |
| 9 | | circulation to induce directly or indirectly any person to |
| 10 | | enter into any obligation or acquire any title or interest in |
| 11 | | any merchandise and includes every work device to disguise any |
| 12 | | form of business solicitation by using such terms as |
| 13 | | "renewal", "invoice", "bill", "statement", or "reminder", to |
| 14 | | create an impression of existing obligation when there is |
| 15 | | none, or other language to mislead any person in relation to |
| 16 | | any sought after commercial transaction. |
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| 1 | | (b) The term "merchandise" includes any objects, wares, |
| 2 | | goods, commodities, intangibles, real estate situated outside |
| 3 | | the State of Illinois, or services. |
| 4 | | (c) The term "person" includes any natural person or his |
| 5 | | legal representative, partnership, corporation (domestic and |
| 6 | | foreign), company, trust, business entity or association, and |
| 7 | | any agent, employee, salesman, partner, officer, director, |
| 8 | | member, stockholder, associate, trustee or cestui que trust |
| 9 | | thereof. |
| 10 | | (d) The term "sale" includes any sale, offer for sale, or |
| 11 | | attempt to sell any merchandise for cash or on credit. |
| 12 | | (e) The term "consumer" means any person who purchases or |
| 13 | | contracts for the purchase of merchandise not for resale in |
| 14 | | the ordinary course of his trade or business but for his use or |
| 15 | | that of a member of his household. |
| 16 | | (f) The terms "trade" and "commerce" mean the advertising, |
| 17 | | offering for sale, sale, or distribution of any services and |
| 18 | | any property, tangible or intangible, real, personal or mixed, |
| 19 | | and any other article, commodity, or thing of value wherever |
| 20 | | situated, and shall include any trade or commerce directly or |
| 21 | | indirectly affecting the people of this State. |
| 22 | | (g) The term "pyramid sales scheme" includes any plan or |
| 23 | | operation whereby a person in exchange for money or other |
| 24 | | thing of value acquires the opportunity to receive a benefit |
| 25 | | or thing of value, which is primarily based upon the |
| 26 | | inducement of additional persons, by himself or others, |
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| 1 | | regardless of number, to participate in the same plan or |
| 2 | | operation and is not primarily contingent on the volume or |
| 3 | | quantity of goods, services, or other property sold or |
| 4 | | distributed or to be sold or distributed to persons for |
| 5 | | purposes of resale to consumers. For purposes of this |
| 6 | | subsection, "money or other thing of value" shall not include |
| 7 | | payments made for sales demonstration equipment and materials |
| 8 | | furnished on a nonprofit basis for use in making sales and not |
| 9 | | for resale. |
| 10 | | (Source: P.A. 95-331, eff. 8-21-07.)". |