Full Text of HB4450 93rd General Assembly
HB4450ham002 93RD GENERAL ASSEMBLY
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Rep. Robin Kelly
Filed: 3/23/2004
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09300HB4450ham002 |
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LRB093 15641 RXD 48794 a |
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| AMENDMENT TO HOUSE BILL 4450
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| AMENDMENT NO. ______. Amend House Bill 4450, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Consumer Fraud and Deceptive Business | 6 |
| 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 | 9 |
| violates
the Automotive Repair Act,
the Home Repair and | 10 |
| Remodeling Act,
the Dance Studio Act,
the Physical Fitness | 11 |
| Services Act,
the Hearing Instrument Consumer Protection Act,
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| the Illinois Union Label Act,
the Job Referral and Job Listing | 13 |
| Services Consumer Protection Act,
the Travel Promotion | 14 |
| Consumer Protection Act,
the Credit Services Organizations | 15 |
| Act,
the Automatic Telephone Dialers Act,
the Pay-Per-Call | 16 |
| Services Consumer Protection Act,
the Telephone Solicitations | 17 |
| Act,
the Illinois Funeral or Burial Funds Act,
the Cemetery | 18 |
| Care Act,
the Safe and Hygienic Bed Act,
the Pre-Need Cemetery | 19 |
| Sales Act,
the High Risk Home Loan Act, subsection (a) or (b) | 20 |
| of Section 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) | 21 |
| 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 | 23 |
| of the Illinois Vehicle Code , or the Automatic Contract Renewal | 24 |
| Act commits an unlawful practice within the meaning of this |
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LRB093 15641 RXD 48794 a |
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| 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 | 4 |
| by changing Sections 10, 15, and 20 as follows:
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| (815 ILCS 601/10)
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| Sec. 10. Automatic renewal; requirements. | 7 |
| (a) Any person, firm, partnership, association, or | 8 |
| corporation that sells or offers to sell any products or | 9 |
| services on a contract basis to a consumer for services and | 10 |
| goods intended for personal use and consumption that | 11 |
| automatically withdraws or charges a consumer's account for any | 12 |
| product or service for a specified term longer than 12 months | 13 |
| shall obtain the consumer's written authorization to continue | 14 |
| any automatic withdrawal or charge if the contract | 15 |
| automatically renews for a term equal to or longer than the | 16 |
| original term.
If a contract is subject
to automatic renewal, | 17 |
| the clause providing for automatic renewal must
appear in the | 18 |
| contract in a clear and conspicuous manner.
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| (b) This Section does not apply to banks, trust companies, | 20 |
| savings and loan associations, savings banks, or credit unions | 21 |
| licensed or organized under the laws of any state or of the | 22 |
| United States, any foreign bank maintaining a branch or agency | 23 |
| licensed or organized under the laws of any state or the United | 24 |
| States and licensed under the Consumer Installment Loan Act, or | 25 |
| any subsidiary or affiliate, and to any product or service | 26 |
| required to be offered by tariff subject to the jurisdiction of | 27 |
| the Illinois Commerce Commission.
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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 | 31 |
| Act, the
automatic renewal provisions are not enforceable by a |
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LRB093 15641 RXD 48794 a |
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| party who prepared the
contract or directed its preparation. In | 2 |
| addition to any other penalties specified in this Act, a | 3 |
| violation of this Act constitutes an unlawful practice under | 4 |
| 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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| (815 ILCS 601/20)
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| Sec. 20. Applicability. | 8 |
| (a) This Act does not apply to a contract
entered into | 9 |
| before the effective date of this Act.
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| (b) This amendatory Act of the 93rd General Assembly does | 11 |
| not apply to a contract entered into before the effective date | 12 |
| of this amendatory Act of the 93rd General Assembly.
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| (Source: P.A. 91-674, eff. 6-1-00.)".
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