102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1012

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

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.


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A BILL FOR

 

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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 Credit Card Liability Act is amended by
5changing Section 2 as follows:
 
6    (815 ILCS 145/2)  (from Ch. 17, par. 6102)
7    Sec. 2. (a) Notwithstanding that that a person in whose
8name a credit card has been issued has requested or applied for
9such card or has indicated his acceptance of an unsolicited
10credit card, as provided in Section 1 hereof, such person
11shall not be liable to the issuer unless the card issuer has
12given notice to such person of his potential liability, on the
13card or within two years preceding such use, and has provided
14such person with an addressed notification requiring no
15postage to be paid by such person which may be mailed in the
16event of the loss, theft, or possible unauthorized use of the
17credit card, and such person shall not be liable for any amount
18in excess of the applicable amount hereinafter set forth,
19resulting from unauthorized use of that card prior to
20notification to the card issuer of the loss, theft, or
21possible unauthorized use of that card:
22    Card without a signature panel.....................$25.00
23    Card with a signature panel........................$50.00

 

 

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1    After the holder of the credit card gives notice to the
2issuer that a credit card is lost or stolen he is not liable
3for any amount resulting from unauthorized use of the card.
4    (b) When an action is brought by an issuer against the
5person named on a card, issuance of which has been requested,
6applied for, solicited or accepted and defendant puts in issue
7any transaction arising from the use of such card, the burden
8of proving benefit, authorization, use or permission by
9defendant as to such transaction shall be upon plaintiff. In
10the event defendant prevails with respect to any transaction
11so put in issue, the court may enter as a credit against any
12judgment for plaintiff, or as a judgment for defendant, a
13reasonable attorney's fee for services in connection with the
14transaction in respect of which the defendant prevails.
15(Source: P.A. 77-1637.)