Illinois General Assembly - Full Text of HB2472
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Full Text of HB2472  101st General Assembly




HB2472 EnrolledLRB101 07152 JLS 52190 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 changing Section 10b as follows:
6    (815 ILCS 505/10b)  (from Ch. 121 1/2, par. 270b)
7    (Text of Section WITHOUT the changes made by P.A. 89-7,
8which has been held unconstitutional)
9    Sec. 10b. Nothing in this Act shall apply to any of the
11    (1) Actions or transactions specifically authorized by
12laws administered by any regulatory body or officer acting
13under statutory authority of this State or the United States;
14however, notwithstanding any action or approval by a regulatory
15body or officer acting under statutory authority of this State
16or the United States, the manufacture, distribution, or sale of
17a product or service that causes or contributes to cause bodily
18injury, death, or property damage is not an action or
19transaction "specifically authorized" within the meaning of
20this item (1).
21    (2) The provisions of "An act to protect trademark owners,
22distributors, and the public against injurious and uneconomic
23practices in the distribution of articles of standard quality



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1under a trademark, brand or name," approved July 8, 1935, as
3    (3) Acts done by the publisher, owner, agent, or employee
4of a newspaper, periodical or radio or television station in
5the publication or dissemination of an advertisement, when the
6owner, agent or employee did not have knowledge of the false,
7misleading or deceptive character of the advertisement, did not
8prepare the advertisement, or did not have a direct financial
9interest in the sale or distribution of the advertised product
10or service.
11    (4) The communication of any false, misleading or deceptive
12information, provided by the seller of real estate located in
13Illinois, by a real estate salesman or broker licensed under
14"The Real Estate Brokers License Act", unless the salesman or
15broker knows of the false, misleading or deceptive character of
16such information. This provision shall be effective as to any
17communication, whenever occurring.
18    (5) (Blank). This item (5)
19    (6) The communication of any false, misleading, or
20deceptive information by an insurance producer, registered
21firm, or limited insurance representative, as those terms are
22defined in the Illinois Insurance Code, or by an insurance
23agency or brokerage house concerning the sale, placement,
24procurement, renewal, binding, cancellation of, or terms of any
25type of insurance or any policy of insurance unless the
26insurance producer has actual knowledge of the false,



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1misleading, or deceptive character of the information. This
2provision shall be effective as to any communications, whenever
3occurring. This item (6) applies to all causes of action that
4accrue on or after the effective date of this amendatory Act of
6(Source: P.A. 84-894; 89-152, eff. 1-1-96; revised 1-22-98.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.