SB1193 104TH GENERAL ASSEMBLY

LRB104 07686 SPS 17730 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1193

Introduced 1/24/2025, by Sen. Mary Edly-Allen

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2PP

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that provisions restricting the mailing of postcards or letters under specified circumstances apply to companies not connected to a company from which the recipient has purchased or obtained goods, services, or other merchandise. Provides that it is unlawful to knowingly mail or send or cause to be mailed or sent a postcard or letter that creates the impression that the sender is the same company from which the recipient purchased or obtained goods or services or is affiliated with that company when no legal or commercial affiliation exists between that company and the sender. Provides that postcards or letters sent in compliance with specified federal laws are deemed to be in compliance the provisions. Makes conforming changes. Effective January 1, 2026.

A BILL FOR

AN ACT concerning business.

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 changing Section 2PP as follows:

(815 ILCS 505/2PP)

Sec. 2PP. Mail; disclosure.

(a) It is an unlawful practice under this Act for a company not connected to the company from which the recipient has purchased or obtained goods, services, or other merchandise to knowingly mail or send or cause to be mailed or sent a postcard or letter to a recipient in this State if the postcard or letter:

(1) the postcard or letter contains a request that the recipient contact the sender by mail, telephone, email, website, or other prescribed means; and

(2) the postcard or letter is mailed or sent to induce the recipient to contact the sender by mail, telephone, email, website, or other prescribed means so that goods, services, or other merchandise, as defined in Section 1, may be offered for sale to the recipient; and

(3) the postcard or letter does not disclose or disclaim that it is not a bill and that it is a solicitation for goods, services, or other merchandise, as defined in Section 1, that may be offered for sale if the recipient contacts the sender by mail, telephone, email, website, or any other prescribed means; and

(4) the postcard or letter does not disclose or disclaim any and all affiliations or lack thereof; and .

(5) creates the impression that the sender is the same company from which the recipient purchased or obtained goods, services, or other merchandise or is affiliated with that company when no legal or commercial affiliation exists between that company and the sender.

(b) All disclosures and disclaimers appearing on a postcard or letter required by this Section must be conspicuously located at the top of the postcard or letter, be easily readable in clear and unambiguous language, and be printed in at least 14-point bold-face font in a black-outlined box. Postcards or letters that are sent in compliance with 39 U.S.C. Section 3001 are deemed to be in compliance with this Section.

(Source: P.A. 103-87, eff. 1-1-24.)

Section 99. Effective date. This Act takes effect January 1, 2026.