HB0272 EngrossedLRB102 02578 KTG 12580 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2WWW as follows:
 
6    (815 ILCS 505/2WWW new)
7    Sec. 2WWW. Unsolicited checks.
8    (a) No person shall deliver to a consumer an unsolicited
9check, negotiable instrument, credit card, debit card, or
10other form of payment or transfer payable to or to the order of
11the consumer that, upon cashing or other negotiation by the
12consumer, obligates the consumer to repay the amount of the
13check plus interest and fees. A consumer is not liable for any
14debt or other obligation arising out of the negotiation of a
15form of payment delivered to the consumer in violation of this
16Section.
17    (b) This Section does not apply to a transaction in which a
18consumer has submitted an application for, or requested an
19extension of, credit from the person before receiving the
20check or instrument, or when the consumer has an existing
21relationship with the person.
22    (c) A person who violates this Section commits an unlawful
23practice within the meaning of this Act.