Full Text of SB0142 99th General Assembly
SB0142sam001 99TH GENERAL ASSEMBLY | Sen. Dan Kotowski Filed: 5/13/2015
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| 1 | | AMENDMENT TO SENATE BILL 142
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 142 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Consumer Fraud and Deceptive Business | 5 | | Practices Act is amended by changing Section 2B as follows:
| 6 | | (815 ILCS 505/2B) (from Ch. 121 1/2, par. 262B)
| 7 | | Sec. 2B.
Where a sale of merchandise involving $25 or more | 8 | | is made or
contracted to be made whether under a single | 9 | | contract or under multiple
contracts, to a consumer by a seller
| 10 | | who is physically present at the
consumer's residence, that | 11 | | consumer may avoid the
contract or transaction by notifying the | 12 | | seller within 3 full business days (or 15 full business days if | 13 | | the consumer is age 65 or older)
following that day on which | 14 | | the contract was signed or the sale was made
and by returning | 15 | | to the person, in its original condition,
any merchandise
| 16 | | delivered to the consumer under the contract or sale. At the
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| 1 | | time the transaction is made
or the contract signed, the person | 2 | | shall furnish the consumer with
a fully completed
receipt or | 3 | | contract pertaining to the transaction, in substantially the
| 4 | | same language as that principally used in the oral presentation | 5 | | to the
consumer,
containing a "Notice of Cancellation"
| 6 | | informing the
consumer that he may cancel the transaction at
| 7 | | any time within 3 days (or 15 days if the consumer is age 65 or | 8 | | older) and showing the date of the transaction
with the name | 9 | | and address of the person, and in immediate
proximity to the | 10 | | space reserved in the contract for the consumer's signature
or | 11 | | on the front page of the receipt if a contract is not used, a | 12 | | statement
which shall be in bold face type, in at least | 13 | | 10-point type and in substantially
the following form:
| 14 | | "YOU, THE CONSUMER, MAY CANCEL THIS TRANSACTION AT ANY TIME | 15 | | PRIOR TO
MIDNIGHT OF THE THIRD BUSINESS DAY (OR FIFTEENTH | 16 | | BUSINESS DAY IF YOU ARE AGE 65 OR OLDER) AFTER THE DATE OF THIS | 17 | | TRANSACTION.
SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR | 18 | | AN EXPLANATION OF THIS RIGHT."
| 19 | | Attached to the receipt or contract shall be a completed | 20 | | form in duplicate,
captioned "NOTICE OF CANCELLATION" which | 21 | | shall be easily detachable and
which shall contain in 10 point | 22 | | bold face type the following information
and statements in the | 23 | | same language as that used in the contract:
| 24 | | NOTICE OF CANCELLATION
| 25 | | (enter date of transaction)
| 26 | | ...........................
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| 1 | | (Date)
| 2 | | YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | 3 | | OBLIGATION, WITHIN
3 BUSINESS DAYS (OR 15 BUSINESS DAYS IF YOU | 4 | | ARE AGE 65 OR OLDER) FROM THE ABOVE DATE.
| 5 | | IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY | 6 | | YOU, AND ANY
NEGOTIABLE INSTRUMENT EXECUTED BY YOU UNDER THE | 7 | | CONTRACT OR TRANSACTION
WILL BE RETURNED WITHIN 10 BUSINESS | 8 | | DAYS FOLLOWING RECEIPT BY THE SELLER
OF YOUR CANCELLATION | 9 | | NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE
| 10 | | TRANSACTION WILL BE CANCELLED.
| 11 | | IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT | 12 | | YOUR RESIDENCE
IN SUBSTANTIALLY AS GOOD A CONDITION AS WHEN | 13 | | RECEIVED, ANY GOODS
DELIVERED TO YOU UNDER THIS CONTRACT OR | 14 | | TRANSACTION, OR YOU MAY IF YOU WISH,
COMPLY WITH THE | 15 | | INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT
OF THE | 16 | | GOODS AT THE SELLER'S EXPENSE AND RISK.
| 17 | | IF YOU MAKE THE GOODS AVAILABLE TO THE SELLER AND THE | 18 | | SELLER DOES NOT PICK
THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR | 19 | | NOTICE OF CANCELLATION, YOU MAY
RETAIN OR DISPOSE OF THE GOODS | 20 | | WITHOUT ANY FURTHER
OBLIGATION. IF YOU FAIL TO MAKE THE GOODS | 21 | | AVAILABLE TO THE SELLER, OR IF
YOU AGREE TO RETURN THE GOODS TO | 22 | | THE SELLER AND FAIL TO
DO SO, THEN YOU REMAIN LIABLE FOR | 23 | | PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
| 24 | | TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND | 25 | | DATED COPY OF
THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN | 26 | | NOTICE, OR SEND A TELEGRAM,
TO (Name of seller), AT (address of |
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| 1 | | seller's place of business)
NOT LATER THAN MIDNIGHT OF (date).
| 2 | | I HEREBY CANCEL THIS TRANSACTION.
| 3 | | (Date) ............
| 4 | | ...................
| 5 | | (Buyer's signature)
| 6 | | Such written "Notice of Cancellation" may be sent by the | 7 | | consumer to the person to
cancel the contract. The 3 day period | 8 | | (or 15 day period of the consumer is age 65 or older) provided | 9 | | for in this Section does not
commence until the consumer is | 10 | | furnished
a "Notice of Cancellation", and the
address at which | 11 | | such notice to the seller can be given. If
those conditions are | 12 | | met, the seller must return to the consumer the full
amount of | 13 | | any payment made or consideration given under the contract or | 14 | | for
the merchandise. It is an unlawful practice within the | 15 | | meaning of this Act
for any person to
| 16 | | (a) Fail, before furnishing copies of the "Notice of | 17 | | Cancellation" to
the consumer, to complete the copies by | 18 | | entering the name of the person,
the address of the person's | 19 | | place of business, the date of the transaction,
and the date, | 20 | | not earlier than the third business day (or fifteenth business | 21 | | day if the consumer is age 65 or older) following the date
of | 22 | | the transaction, by which the consumer may give notice of | 23 | | cancellation;
| 24 | | (b) Include in any contract or receipt under this Section | 25 | | any confession
of judgment or any waiver of any of the rights | 26 | | to which the consumer is entitled
under this Section including |
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| 1 | | specifically his right to cancel the transaction
in accordance | 2 | | with the provisions of this Section;
| 3 | | (c) Fail to inform each consumer orally, at the time he | 4 | | signs the contract
or purchases or leases the goods or | 5 | | services, of his right to cancel;
| 6 | | (d) Misrepresent in any manner the consumer's right to | 7 | | cancel;
| 8 | | (e) Use any undue influence, coercion or any other wilful | 9 | | act or representation
to interfere with the consumer's exercise | 10 | | of his rights under this Section;
| 11 | | (f) Fail or refuse to honor any valid notice of | 12 | | cancellation by a consumer
and within 10 business days after | 13 | | the receipt of such notice, to
| 14 | | (i) refund all payments made under the contract or | 15 | | sale,
| 16 | | (ii) return any goods or property traded in, in | 17 | | substantially as good a
condition as when received by the | 18 | | person, or
| 19 | | (iii) cancel and return any negotiable instrument | 20 | | executed by the consumer
in connection with the contract or | 21 | | transaction and take any action necessary
or appropriate to | 22 | | terminate promptly any security interest created in the
| 23 | | transaction;
| 24 | | (g) Negotiate, transfer, sell, or assign any note or other | 25 | | evidence of
indebtedness to a finance company or other third | 26 | | party prior to midnight
of the fifth business day following the |
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| 1 | | day the contract was signed or the
goods or services were | 2 | | purchased or leased; or
| 3 | | (h) Fail, within 10 business days of receipt of the | 4 | | consumer's notice
of cancellation, to notify him whether the | 5 | | seller intends to repossess or
to abandon any shipped or | 6 | | delivered goods.
| 7 | | For the purposes of this Section, the word "sale" includes | 8 | | a sale, lease or rental.
| 9 | | This Section does not apply to any transaction
| 10 | | (a) made pursuant to prior negotiations in the course of a | 11 | | visit by the
consumer to a retail business establishment having | 12 | | a fixed permanent location
where the goods are exhibited, or | 13 | | the services are offered, for sale or
lease on a continuing | 14 | | basis;
| 15 | | (b) in which the consumer is accorded the right of | 16 | | rescission by the provisions
of the Consumer Credit Protection | 17 | | Act (15 U.S.C. 1635) or regulations issued
pursuant thereto;
| 18 | | (c) in which the consumer has initiated the contact and the | 19 | | goods or services
are needed to meet a bona fide immediate | 20 | | personal emergency of the consumer,
and the consumer furnishes | 21 | | the person with a separate dated and signed personal
statement | 22 | | in the consumer's handwriting describing the situation | 23 | | requiring
immediate remedy and expressly acknowledging and | 24 | | waiving the right to cancel
the sale within 3 business days (or | 25 | | 15 business days if the consumer is age 65 or older) ;
| 26 | | (d) conducted and consummated entirely by mail or telephone |
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| 1 | | without any
other contact between the consumer and the person | 2 | | or its representative
prior to delivery of the goods or | 3 | | performance of the services;
| 4 | | (e) in which the consumer has initiated the contact and | 5 | | specifically requested
the person to visit his home for the | 6 | | purpose of repairing or performing
maintenance upon the | 7 | | consumer's personal property, on the condition that
if, in the | 8 | | course of such a visit, the person sells the consumer the right
| 9 | | to receive additional services or goods other than replacement | 10 | | parts
necessarily
used in performing the maintenance or in | 11 | | making the repairs, the sale of
those additional goods or | 12 | | services does not fall within this exclusion;
| 13 | | (f) pertaining to the sale or rental of real property, to | 14 | | the
sale of insurance
or to the sale of securities or | 15 | | commodities by a broker-dealer
registered with the Securities | 16 | | and Exchange Commission; or
| 17 | | (g) between a consumer and a loan broker licensed under the
| 18 | | Residential Mortgage License Act of 1987 when (i) the | 19 | | transaction involves
obtaining a mortgage loan on real estate | 20 | | and (ii) the first contact respecting
the transaction is | 21 | | initiated by the consumer or by another person at the
request | 22 | | of the consumer.
| 23 | | (Source: P.A. 90-764, eff. 1-1-99.)
| 24 | | Section 99. Effective date. This Act takes effect January | 25 | | 1, 2016.".
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