96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5649


 
Introduced 2/9/2010, by Rep. Tom Cross - Shane Cultra
 
SYNOPSIS AS INTRODUCED:
 		













815 ILCS 145/2
  from Ch. 17, par. 6102








    Amends the Credit Card Liability Act.  Makes a technical change in a Section
concerning unsolicited credit cards.
















LRB096 18877 DRJ 34264 b

















 


 


A BILL FOR









 











HB5649

LRB096 18877 DRJ 34264 b






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    AN ACT concerning business.

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

 
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    Section 5. The Credit Card Liability Act is amended by 
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changing Section 2 as follows:
 



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    (815 ILCS 145/2)  (from Ch. 17, par. 6102)



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    Sec. 2. 
(a) Notwithstanding that
that a person in whose 
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name a credit card has
been issued has requested or applied for 
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such card or has indicated his
acceptance of an unsolicited 
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credit card, as provided in Section 1
hereof, such person shall 
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not be liable to the issuer unless the card
issuer has given 
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notice to such person of his potential liability, on
the card 
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or within two years preceding such use, and has provided such

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person with an addressed notification requiring no postage to 
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be paid by
such person which may be mailed in the event of the 
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loss, theft, or
possible unauthorized use of the credit card, 
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and such person shall not
be liable for any amount in excess of 
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the applicable amount hereinafter
set forth, resulting from 
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unauthorized use of that card prior to
notification to the card 
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issuer of the loss, theft, or possible
unauthorized use of that 
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card:
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    Card without a signature panel.....................$25.00

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    Card with a signature panel.......................$50.00

 


 






HB5649
- 2 -
LRB096 18877 DRJ 34264 b




1
    After the holder of the credit card gives notice to the 
2
issuer that a
credit card is lost or stolen he is not liable 
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for any amount resulting
from unauthorized use of the card.

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    (b) When an action is brought by an issuer against the 
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person named
on a card, issuance of which has been requested, 
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applied for, solicited
or accepted and defendant puts in issue 
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any transaction arising from the
use of such card, the burden 
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of proving benefit, authorization, use or
permission by 
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defendant as to such transaction shall be upon plaintiff.
In 
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the event defendant prevails with respect to any transaction so 
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put
in issue, the court may enter as a credit against any 
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judgment for
plaintiff, or as a judgment for defendant, a 
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reasonable attorney's fee
for services in connection with the 
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transaction in respect of which the
defendant prevails.

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(Source: P.A. 77-1637.)