Full Text of HB4447 103rd General Assembly
HB4447ham004 103RD GENERAL ASSEMBLY | Rep. John M. Cabello Filed: 4/17/2024 | | 10300HB4447ham004 | | LRB103 34729 SPS 72520 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4447
| 2 | | AMENDMENT NO. ______. Amend House Bill 4447, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 1. Short title. This Act may be cited as the Motor | 6 | | Vehicle Dealer Protection Act. | 7 | | Section 5. Definitions. As used in this Act: | 8 | | "Motor vehicle dealer" means any person who, in the | 9 | | ordinary course of business, is engaged in the business of | 10 | | selling new or used motor vehicles to consumers or other end | 11 | | users. | 12 | | "Person" means a natural person, corporation, partnership, | 13 | | trust, or other entity, and in the case of an entity, it shall | 14 | | include any other entity in which it has a majority interest or | 15 | | which it effectively controls as well as the individual | 16 | | officers, directors, and other persons in active control of |
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| 1 | | the activities of each such entity. | 2 | | Section 10. Third-party use of motor vehicle dealer | 3 | | likenesses. A person shall not use the name, image, likeness, | 4 | | registered trademark, or intellectual property belonging to a | 5 | | motor vehicle dealer without first obtaining written | 6 | | permission from the motor vehicle dealer. | 7 | | Section 15. Civil actions. A motor vehicle dealer whose | 8 | | name, image, likeness, registered trademark, or intellectual | 9 | | property is used in violation of Section 10, may bring an | 10 | | action in the circuit court in the county in which the motor | 11 | | vehicle dealer conducts business to recover actual damages or | 12 | | up to $5,000, whichever is greater. The court may, in its | 13 | | discretion, award punitive damages and other equitable relief | 14 | | it deems appropriate. | 15 | | Section 20. Enforcement. A violation of this Act | 16 | | constitutes an unlawful practice under the Consumer Fraud and | 17 | | Deceptive Business Practices Act. All remedies, penalties, and | 18 | | authority granted to the Attorney General by the Consumer | 19 | | Fraud and Deceptive Business Practices Act shall be available | 20 | | to him or her for the enforcement of this Act. | 21 | | Section 90. The Consumer Fraud and Deceptive Business | 22 | | Practices Act is amended by adding Section 2EEEE as follows: |
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| 1 | | (815 ILCS 505/2EEEE new) | 2 | | Sec. 2EEEE. Violations of the Motor Vehicle Dealer | 3 | | Protection Act. A person who violates the Motor Vehicle Dealer | 4 | | Protection Act commits an unlawful practice within the meaning | 5 | | of this Act. ". |
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