Full Text of HB2472 101st General Assembly
HB2472 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2472 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED: |
| 815 ILCS 505/10b | from Ch. 121 1/2, par. 270b |
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Amends the Consumer Fraud and Deceptive Business Practices Act. Excludes from provisions of the Act making the Act inapplicable to actions or transactions specifically authorized by laws administered by a regulatory body or officer, the manufacture, distribution, or sale of a product that causes or contributes to cause bodily injury, death, or property damage. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning business.
| 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 10b as follows:
| 6 | | (815 ILCS 505/10b) (from Ch. 121 1/2, par. 270b)
| 7 | | (Text of Section WITHOUT the changes made by P.A. 89-7, | 8 | | which has been held
unconstitutional)
| 9 | | Sec. 10b. Nothing in this Act shall apply to any of the | 10 | | following:
| 11 | | (1) Actions or transactions specifically authorized by | 12 | | laws administered
by any regulatory body or officer acting | 13 | | under statutory authority of this
State or the United States ; | 14 | | however, notwithstanding any action or approval by a regulatory | 15 | | body or officer acting under statutory authority of this State | 16 | | or the United States, the manufacture, distribution, or sale of | 17 | | a product that causes or contributes to cause bodily injury, | 18 | | death, or property damage is not an action or transaction | 19 | | "specifically authorized" within the meaning of this item (1) .
| 20 | | (2) The provisions of "An act to protect trademark owners, | 21 | | distributors,
and the public against injurious and uneconomic | 22 | | practices in the
distribution of articles of standard quality | 23 | | under a trademark, brand or
name," approved July 8, 1935, as |
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| 1 | | amended.
| 2 | | (3) Acts done by the publisher, owner, agent, or employee | 3 | | of a
newspaper, periodical or radio or television station in | 4 | | the publication or
dissemination of an advertisement, when the | 5 | | owner, agent or employee did
not have knowledge of the false, | 6 | | misleading or deceptive character of the
advertisement, did not | 7 | | prepare the advertisement, or did not have a direct
financial | 8 | | interest in the sale or distribution of the advertised product | 9 | | or
service.
| 10 | | (4) The communication of any false, misleading or deceptive | 11 | | information,
provided by the seller of real estate located in | 12 | | Illinois, by a real estate
salesman or broker licensed under | 13 | | "The Real Estate Brokers License Act",
unless the salesman or | 14 | | broker knows of the false, misleading or deceptive
character of | 15 | | such information. This provision shall be effective as to any
| 16 | | communication, whenever occurring.
| 17 | | (5) (Blank).
This item (5)
| 18 | | (6) The communication of any false, misleading, or | 19 | | deceptive information by
an insurance producer, registered | 20 | | firm, or limited insurance representative,
as those terms are | 21 | | defined in the Illinois Insurance Code, or by an insurance
| 22 | | agency or brokerage house concerning the sale, placement, | 23 | | procurement, renewal,
binding, cancellation of, or terms of any | 24 | | type of insurance or any policy of
insurance unless the | 25 | | insurance producer has actual knowledge of
the false, | 26 | | misleading, or deceptive character of the information. This
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| 1 | | provision shall be effective as to any communications, whenever | 2 | | occurring.
This item (6) applies to all causes of action that | 3 | | accrue on or after the
effective date of this amendatory Act of | 4 | | 1995.
| 5 | | (Source: P.A. 84-894; 89-152, eff. 1-1-96; revised 1-22-98 .)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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