93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5792


 
Introduced 2/6/2004, by Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 		













815 ILCS 505/1
  from Ch. 121 1/2, par. 261







    Amends the Consumer Fraud and Deceptive Business Practices Act.  Makes a
stylistic change in a Section concerning definitions.
















LRB093 16755 WGH 42406 b

















 


 


A BILL FOR









 











HB5792

LRB093 16755 WGH 42406 b






1
    AN ACT concerning consumer fraud. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Consumer Fraud and Deceptive Business 
5
Practices Act is
amended by changing Section 1 as follows:


 
6
    (815 ILCS 505/1)  (from Ch. 121 1/2, par. 261)

7
    Sec. 1. Definitions.


8
     (a) The term "advertisement" includes the attempt
by 
9
publication,
dissemination, solicitation or circulation to 
10
induce directly or indirectly
any person to enter into any 
11
obligation or acquire any title or interest in
any merchandise 
12
and includes every work device to disguise any form of
business 
13
solicitation by using such terms as "renewal", "invoice", 
14
"bill",
"statement", or "reminder", to create an impression of 
15
existing obligation
when there is none, or other language to 
16
mislead any person in relation to
any sought after commercial 
17
transaction;


18
    (b) The term "merchandise" includes any objects, wares, 
19
goods,
commodities, intangibles, real estate situated outside 
20
the State of
Illinois, or services;


21
    (c) The term "person" includes any natural person or his 
22
legal
representative, partnership, corporation (domestic and 
23
foreign), company,
trust, business entity or association, and 
24
any agent, employee, salesman,
partner, officer, director, 
25
member, stockholder, associate, trustee or
cestui que trust 
26
thereof;


27
    (d) The term "sale" includes any sale, offer for sale, or 
28
attempt to
sell any merchandise for cash or on credit.


29
    (e) The term "consumer" means any person who purchases or 
30
contracts for
the purchase of merchandise not for resale in the 
31
ordinary course of his
trade or business but for his use or 
32
that of a member of his household.


 


 






HB5792
- 2 -
LRB093 16755 WGH 42406 b




1
    (f) The terms "trade" and "commerce" mean the advertising, 
2
offering for
sale, sale, or distribution of any services and 
3
any property, tangible or
intangible, real, personal or mixed, 
4
and any other article, commodity, or
thing of value wherever 
5
situated, and shall include any trade or commerce
directly or 
6
indirectly affecting the people of this State.


7
    (g) The term "pyramid sales scheme" includes any plan or 
8
operation whereby
a person in exchange for money or other thing 
9
of value acquires the opportunity
to receive a benefit or thing 
10
of value, which is primarily based upon the
inducement of 
11
additional persons, by himself or others, regardless of number,

12
to participate in the same plan or operation
and is not 
13
primarily contingent on the volume or quantity of goods, 
14
services,
or other property sold or distributed or to be sold 
15
or distributed to persons
for purposes of resale to consumers.  
16
For purposes of this subsection, "money
or other thing of 
17
value"
shall not include payments made for sales demonstration 
18
equipment and materials
furnished on a nonprofit basis for use 
19
in making sales and not
for resale.


20
(Source: P.A. 83-808.)