96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5797


 
Introduced 2/10/2010, by Rep. Dennis M. Reboletti
 
SYNOPSIS AS INTRODUCED:
 		








  



815 ILCS 505/10b
  from Ch. 121 1/2, par. 270b







    Amends the Consumer Fraud and Deceptive Business Practices Act. Exempts, from the provisions of the Act, claims seeking damages for conduct that results in bodily injury,
death, or damage to property other than the property that is the subject of the
practice claimed to be unlawful. Applies to causes of action accruing on or after July 1, 2010. Effective immediately.
















LRB096 17213 DRJ 32563 b

















 


 


A BILL FOR









 











HB5797

LRB096 17213 DRJ 32563 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 Consumer Fraud and Deceptive Business 
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Practices Act is amended  by changing Section 10b as follows:
 



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    (815 ILCS 505/10b)  (from Ch. 121 1/2, par. 270b)



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    (Text of Section WITHOUT the changes made by P.A. 89-7, 
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which has been held
unconstitutional)

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    Sec. 10b. Nothing in this Act shall apply to any of the 
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following: 

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    (1) Actions or transactions specifically authorized by 
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laws administered
by any regulatory body or officer acting 
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under statutory authority of this
State or the United States.

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    (2) The provisions of "An act to protect trademark owners, 
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distributors,
and the public against injurious and uneconomic 
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practices in the
distribution of articles of standard quality 
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under a trademark, brand or
name," approved July 8, 1935, as 
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amended.

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    (3) Acts done by the publisher, owner, agent, or employee 
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of a
newspaper, periodical or radio or television station in 
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the publication or
dissemination of an advertisement, when the 
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owner, agent or employee did
not have knowledge of the false, 
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misleading or deceptive character of the
advertisement, did not 
 


 






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prepare the advertisement, or did not have a direct
financial 
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interest in the sale or distribution of the advertised product 
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or
service.

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    (4) The communication of any false, misleading or deceptive 
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information,
provided by the seller of real estate located in 
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Illinois, by a real estate
salesman or broker licensed under 
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"The Real Estate Brokers License Act",
unless the salesman or 
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broker knows of the false, misleading or deceptive
character of 
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such information.  This provision shall be effective as to any

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communication, whenever occurring.

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    (5) Claims seeking damages for conduct that results in 
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bodily injury,
death, or damage to property other than the 
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property that is the subject of the
practice claimed to be 
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unlawful.

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    This item (5) applies to causes of action accruing on or 
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after July 1, 2010.

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    (6) The communication of any false, misleading, or 
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deceptive information by
an insurance producer, registered 
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firm, or limited insurance representative,
as those terms are 
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defined in the Illinois Insurance Code, or by an insurance

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agency or brokerage house concerning the sale, placement, 
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procurement, renewal,
binding, cancellation of, or terms of any 
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type of insurance or any policy of
insurance unless the 
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insurance producer has actual knowledge of
the false, 
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misleading, or deceptive character of the information.  This

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provision shall be effective as to any communications, whenever 
 


 






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occurring.
This item (6) applies to all causes of action that 
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accrue on or after the
effective date of this amendatory Act of 
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1995.

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(Source: P.A. 84-894; 89-152, eff. 1-1-96; revised 1-22-98.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.