Illinois General Assembly - Full Text of HB4256
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Full Text of HB4256  93rd General Assembly



State of Illinois
2003 and 2004


Introduced 1/29/2004, by Patricia R. Bellock


815 ILCS 505/1   from Ch. 121 1/2, par. 261

    Amends the Consumer Fraud and Deceptive Business Practices Act. Makes stylistic changes in a Section concerning definitions.

LRB093 19557 RXD 45297 b





HB4256 LRB093 19557 RXD 45297 b

1     AN ACT concerning consumer protection.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Consumer Fraud and Deceptive Business
5 Practices Act is amended by changing Section 1 as follows:
6     (815 ILCS 505/1)  (from Ch. 121 1/2, par. 261)
7     Sec. 1. Definitions.
8     (a) The term "Advertisement" includes the attempt by
9 publication, dissemination, solicitation or circulation to
10 induce directly or indirectly any person to enter into any
11 obligation or acquire any title or interest in any merchandise
12 and includes every work device to disguise any form of business
13 solicitation by using such terms as "renewal", "invoice",
14 "bill", "statement", or "reminder", to create an impression of
15 existing obligation when there is none, or other language to
16 mislead any person in relation to any sought after commercial
17 transaction. ;
18     (b) The term "Merchandise" includes any objects, wares,
19 goods, commodities, intangibles, real estate situated outside
20 the State of Illinois, or services. ;
21     (c) The term "Person" includes any natural person or his
22 legal representative, partnership, corporation (domestic and
23 foreign), company, trust, business entity or association, and
24 any agent, employee, salesman, partner, officer, director,
25 member, stockholder, associate, trustee or cestui que trust
26 thereof. ;
27     (d) The term "Sale" includes any sale, offer for sale, or
28 attempt to sell any merchandise for cash or on credit.
29     (e) The term "Consumer" means any person who purchases or
30 contracts for the purchase of merchandise not for resale in the
31 ordinary course of his trade or business but for his use or
32 that of a member of his household.



HB4256 - 2 - LRB093 19557 RXD 45297 b

1     (f) The terms "Trade" and "commerce" mean the advertising,
2 offering for sale, sale, or distribution of any services and
3 any property, tangible or intangible, real, personal or mixed,
4 and any other article, commodity, or thing of value wherever
5 situated, and shall include any trade or commerce directly or
6 indirectly affecting the people of this State.
7     (g) The term "Pyramid sales scheme" includes any plan or
8 operation whereby a person in exchange for money or other thing
9 of value acquires the opportunity to receive a benefit or thing
10 of value, which is primarily based upon the inducement of
11 additional persons, by himself or others, regardless of number,
12 to participate in the same plan or operation and is not
13 primarily contingent on the volume or quantity of goods,
14 services, or other property sold or distributed or to be sold
15 or distributed to persons for purposes of resale to consumers.
16 For purposes of this subsection, "money or other thing of
17 value" does shall not include payments made for sales
18 demonstration equipment and materials furnished on a nonprofit
19 basis for use in making sales and not for resale.
20 (Source: P.A. 83-808.)