Full Text of HB4450 93rd General Assembly
HB4450ham001 93RD GENERAL ASSEMBLY
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Consumer Protection Committee
Adopted in House Comm. on Mar 03, 2004
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09300HB4450ham001 |
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LRB093 15641 RXD 48342 a |
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| AMENDMENT TO HOUSE BILL 4450
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| AMENDMENT NO. ______. Amend House Bill 4450 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Consumer Fraud and Deceptive Business | 5 |
| Practices Act is amended by changing Section 2Z as follows:
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| (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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| Sec. 2Z. Violations of other Acts. Any person who knowingly | 8 |
| violates
the Automotive Repair Act,
the Home Repair and | 9 |
| Remodeling Act,
the Dance Studio Act,
the Physical Fitness | 10 |
| Services Act,
the Hearing Instrument Consumer Protection Act,
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| the Illinois Union Label Act,
the Job Referral and Job Listing | 12 |
| Services Consumer Protection Act,
the Travel Promotion | 13 |
| Consumer Protection Act,
the Credit Services Organizations | 14 |
| Act,
the Automatic Telephone Dialers Act,
the Pay-Per-Call | 15 |
| Services Consumer Protection Act,
the Telephone Solicitations | 16 |
| Act,
the Illinois Funeral or Burial Funds Act,
the Cemetery | 17 |
| Care Act,
the Safe and Hygienic Bed Act,
the Pre-Need Cemetery | 18 |
| Sales Act,
the High Risk Home Loan Act, subsection (a) or (b) | 19 |
| of Section 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) | 20 |
| of Section 3-10 of the Cigarette Use Tax Act, the Electronic
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| Mail Act, or paragraph (6)
of
subsection (k) of Section 6-305 | 22 |
| of the Illinois Vehicle Code , or the Automatic Contract Renewal | 23 |
| Act commits an unlawful practice within the meaning of this | 24 |
| Act.
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| (Source: P.A. 92-426, eff. 1-1-02; 93-561, eff. 1-1-04.)
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| Section 10. The Automatic Contract Renewal Act is amended | 3 |
| by changing Sections 10 and 15 as follows:
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| (815 ILCS 601/10)
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| Sec. 10. Automatic renewal; requirements.
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| (a) Any person, firm, partnership, association, or | 7 |
| corporation that sells or offers to sell any products or | 8 |
| services for a specified period of time pursuant to a written | 9 |
| contract that contains an automatic renewal provision | 10 |
| effective at the end of the specified period of time must: (1) | 11 |
| disclose such automatic renewal provision clearly and | 12 |
| conspicuously in the contract, including the cancellation | 13 |
| procedure; and (2) provide the recipient of the products or | 14 |
| services, at least 30 days but no more than 60 days, prior to | 15 |
| the end of the specified period of time, with a clear and | 16 |
| conspicuous written notice that the recipient may cancel the | 17 |
| contract. Notice must include the procedure for cancellation. | 18 |
| If the contract is less than 30 days in duration, the contract | 19 |
| must contain a clear and conspicuous written notice of the | 20 |
| right to cancel the contract and the procedure for | 21 |
| cancellation. If notice is not provided to the recipient in | 22 |
| accordance with the provisions of this Section, any products or | 23 |
| services furnished to the recipient after the end of the period | 24 |
| of time specified in the contract shall be deemed an | 25 |
| unconditional gift. | 26 |
| If a contract is subject
to automatic renewal, the clause | 27 |
| providing for automatic renewal must
appear in the contract in | 28 |
| a clear and conspicuous manner . | 29 |
| (b) Any person, firm, partnership, association, or | 30 |
| corporation that automatically withdraws or charges a | 31 |
| consumer's account for any product or service for a specified | 32 |
| period of time shall obtain the consumer's written |
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| authorization to continue any automatic withdrawal or charge | 2 |
| beyond the specified period.
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| (Source: P.A. 91-674, eff. 6-1-00.)
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| (815 ILCS 601/15)
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| Sec. 15. Violation. If a contract does not comply with this | 6 |
| Act, the
automatic renewal provisions are not enforceable by a | 7 |
| party who prepared the
contract or directed its preparation. In | 8 |
| addition to any other penalties specified in this Act, a | 9 |
| violation of this Act constitutes an unlawful practice under | 10 |
| the Consumer Fraud and Deceptive Business Practices Act.
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| (Source: P.A. 91-674, eff. 6-1-00.)".
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