Illinois General Assembly - Full Text of HB4450
Illinois General Assembly

Previous General Assemblies

Full Text of HB4450  93rd General Assembly


Rep. Robin Kelly

Filed: 3/23/2004





09300HB4450ham002 LRB093 15641 RXD 48794 a


2     AMENDMENT NO. ______. Amend House Bill 4450, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5     "Section 5. The Consumer Fraud and Deceptive Business
6 Practices Act is amended by changing Section 2Z as follows:
7     (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
8     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,
12 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
22 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



09300HB4450ham002 - 2 - LRB093 15641 RXD 48794 a

1 Act.
2 (Source: P.A. 92-426, eff. 1-1-02; 93-561, eff. 1-1-04.)
3     Section 10. The Automatic Contract Renewal Act is amended
4 by changing Sections 10, 15, and 20 as follows:
5     (815 ILCS 601/10)
6     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.
19     (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.
28 (Source: P.A. 91-674, eff. 6-1-00.)
29     (815 ILCS 601/15)
30     Sec. 15. Violation. If a contract does not comply with this
31 Act, the automatic renewal provisions are not enforceable by a



09300HB4450ham002 - 3 - LRB093 15641 RXD 48794 a

1 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.
5 (Source: P.A. 91-674, eff. 6-1-00.)
6     (815 ILCS 601/20)
7     Sec. 20. Applicability.
8     (a) This Act does not apply to a contract entered into
9 before the effective date of this Act.
10     (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.
13 (Source: P.A. 91-674, eff. 6-1-00.)".