Illinois General Assembly - Full Text of HB2472
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Full Text of HB2472  101st General Assembly


Rep. Kelly M. Burke

Filed: 3/21/2019





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2    AMENDMENT NO. ______. Amend House Bill 2472 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Consumer Fraud and Deceptive Business
5Practices 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,
8which has been held unconstitutional)
9    Sec. 10b. Nothing in this Act shall apply to any of the
11    (1) Actions or transactions specifically authorized by
12laws administered by any regulatory body or officer acting
13under statutory authority of this State or the United States;
14however, notwithstanding any action or approval by a regulatory
15body or officer acting under statutory authority of this State
16or the United States, the manufacture, distribution, or sale of



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1a product or service that causes or contributes to cause bodily
2injury, death, or property damage is not an action or
3transaction "specifically authorized" within the meaning of
4this item (1).
5    (2) The provisions of "An act to protect trademark owners,
6distributors, and the public against injurious and uneconomic
7practices in the distribution of articles of standard quality
8under a trademark, brand or name," approved July 8, 1935, as
10    (3) Acts done by the publisher, owner, agent, or employee
11of a newspaper, periodical or radio or television station in
12the publication or dissemination of an advertisement, when the
13owner, agent or employee did not have knowledge of the false,
14misleading or deceptive character of the advertisement, did not
15prepare the advertisement, or did not have a direct financial
16interest in the sale or distribution of the advertised product
17or service.
18    (4) The communication of any false, misleading or deceptive
19information, provided by the seller of real estate located in
20Illinois, by a real estate salesman or broker licensed under
21"The Real Estate Brokers License Act", unless the salesman or
22broker knows of the false, misleading or deceptive character of
23such information. This provision shall be effective as to any
24communication, whenever occurring.
25    (5) (Blank). This item (5)
26    (6) The communication of any false, misleading, or



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1deceptive information by an insurance producer, registered
2firm, or limited insurance representative, as those terms are
3defined in the Illinois Insurance Code, or by an insurance
4agency or brokerage house concerning the sale, placement,
5procurement, renewal, binding, cancellation of, or terms of any
6type of insurance or any policy of insurance unless the
7insurance producer has actual knowledge of the false,
8misleading, or deceptive character of the information. This
9provision shall be effective as to any communications, whenever
10occurring. This item (6) applies to all causes of action that
11accrue on or after the effective date of this amendatory Act of
13(Source: P.A. 84-894; 89-152, eff. 1-1-96; revised 1-22-98.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".