Rep. Jaime M. Andrade, Jr.
Filed: 3/16/2015
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 3363 




2    AMENDMENT NO. ______. Amend House Bill 3363 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Consumer Fraud and Deceptive Business 
5Practices Act is amended  by adding Section 2TTT as follows:
 
6    (815 ILCS 505/2TTT new)
7    Sec. 2TTT. Consumer experience statements.
8    (a) It is an unlawful practice to include in a contract or 
9proposed contract for the sale or lease of consumer goods or 
10services any provision requiring the consumer to waive his or 
11her right to make any statement regarding the consumer's 
12experience with the business.
13    (b) A provision that violates this Section is 
14unconscionable and against public policy.
15    (c) A person who violates this Section is subject to a 
16civil penalty not to exceed $2,500 for the first violation and 
 
 
09900HB3363ham001- 2 -LRB099 09473 JLS 32493 a

1$5,000 for each subsequent violation. Money collected under 
2this Section shall be deposited into the Attorney General Court 
3Ordered and Voluntary Compliance Payment Projects Fund.
4    (d) The penalty provided under this Section is not an 
5exclusive remedy and does not affect any other relief or remedy 
6provided by law.
7    (e) Nothing in subsection (a) shall be construed to affect 
8(1) any duty of confidentiality imposed by law or (2) any civil 
9action for defamation, libel, slander, or a similar cause of 
10action.".