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Rep. John M. Cabello
Filed: 4/17/2024
| | 10300HB4447ham004 | | LRB103 34729 SPS 72520 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4447
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4447, AS AMENDED, |
| 3 | | by replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 1. Short title. This Act may be cited as the Motor |
| 6 | | Vehicle Dealer Protection Act.
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| 7 | | Section 5. Definitions. As used in this Act: |
| 8 | | "Motor vehicle dealer" means any person who, in the |
| 9 | | ordinary course of business, is engaged in the business of |
| 10 | | selling new or used motor vehicles to consumers or other end |
| 11 | | users. |
| 12 | | "Person" means a natural person, corporation, partnership, |
| 13 | | trust, or other entity, and in the case of an entity, it shall |
| 14 | | include any other entity in which it has a majority interest or |
| 15 | | which it effectively controls as well as the individual |
| 16 | | officers, directors, and other persons in active control of |
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| | 10300HB4447ham004 | - 2 - | LRB103 34729 SPS 72520 a |
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| 1 | | the activities of each such entity.
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| 2 | | Section 10. Third-party use of motor vehicle dealer |
| 3 | | likenesses. A person shall not use the name, image, likeness, |
| 4 | | registered trademark, or intellectual property belonging to a |
| 5 | | motor vehicle dealer without first obtaining written |
| 6 | | permission from the motor vehicle dealer.
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| 7 | | Section 15. Civil actions. A motor vehicle dealer whose |
| 8 | | name, image, likeness, registered trademark, or intellectual |
| 9 | | property is used in violation of Section 10, may bring an |
| 10 | | action in the circuit court in the county in which the motor |
| 11 | | vehicle dealer conducts business to recover actual damages or |
| 12 | | up to $5,000, whichever is greater. The court may, in its |
| 13 | | discretion, award punitive damages and other equitable relief |
| 14 | | it deems appropriate.
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| 15 | | Section 20. Enforcement. A violation of this Act |
| 16 | | constitutes an unlawful practice under the Consumer Fraud and |
| 17 | | Deceptive Business Practices Act. All remedies, penalties, and |
| 18 | | authority granted to the Attorney General by the Consumer |
| 19 | | Fraud and Deceptive Business Practices Act shall be available |
| 20 | | to him or her for the enforcement of this Act.
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| 21 | | Section 90. The Consumer Fraud and Deceptive Business |
| 22 | | Practices Act is amended by adding Section 2EEEE as follows:
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