Full Text of SB0371 103rd General Assembly
SB0371sam001 103RD GENERAL ASSEMBLY | Sen. Rachel Ventura Filed: 10/24/2023 | | 10300SB0371sam001 | | LRB103 02778 SPS 64867 a |
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| 1 | | AMENDMENT TO SENATE BILL 371
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 371 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 2PP as follows: | 6 | | (815 ILCS 505/2PP) | 7 | | (Text of Section before amendment by P.A. 103-87 ) | 8 | | Sec. 2PP. Mail; disclosure. It is an unlawful practice | 9 | | under this Act to knowingly mail or send or cause to be mailed | 10 | | or sent a postcard or letter to a recipient in this State if: | 11 | | (1) the postcard or letter contains a request that the | 12 | | recipient call a telephone number; and | 13 | | (2) the postcard or letter is mailed or sent to induce | 14 | | the recipient to call the telephone number so that goods, | 15 | | services, or other merchandise, as defined in Section 1, | 16 | | may be offered for sale to the recipient; and |
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| 1 | | (3) the postcard or letter does not disclose that | 2 | | goods, services, or other merchandise, as defined in | 3 | | Section 1, may be offered for sale if the recipient calls | 4 | | the telephone number. | 5 | | (Source: P.A. 95-331, eff. 8-21-07.) | 6 | | (Text of Section after amendment by P.A. 103-87 ) | 7 | | Sec. 2PP. Mail; disclosure. | 8 | | (a) It is an unlawful practice under this Act for a company | 9 | | not connected to the company from which the recipient has | 10 | | purchased or obtained goods, services, or other merchandise, | 11 | | as defined in Section 1, to knowingly mail or send or cause to | 12 | | be mailed or sent a postcard or letter to a recipient in this | 13 | | State if: | 14 | | (1) the postcard or letter contains a request that the | 15 | | recipient contact the sender by mail, telephone, email, | 16 | | website, or other prescribed means and the primary purpose | 17 | | of the postcard or letter is the commercial advertisement | 18 | | or promotion of goods, services, or other merchandise, as | 19 | | defined in Section 1 ; and | 20 | | (2) the postcard or letter is mailed or sent to induce | 21 | | the recipient to contact the sender by mail, telephone, | 22 | | email, website, or other prescribed means so that goods, | 23 | | services, or other merchandise, as defined in Section 1, | 24 | | may be offered for sale to the recipient; and | 25 | | (3) the postcard or letter does not disclose or |
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| 1 | | disclaim that it is not a bill and that it is a | 2 | | solicitation for goods, services, or other merchandise, as | 3 | | defined in Section 1, that may be offered for sale if the | 4 | | recipient contacts the sender by mail, telephone, email, | 5 | | website, or any other prescribed means; and | 6 | | (4) the postcard or letter does not disclose or | 7 | | disclaim the sender's full legal name and any assumed or | 8 | | fictitious names used by the sender any and all | 9 | | affiliations or lack thereof . | 10 | | (b) All disclosures and disclaimers required by this | 11 | | Section appearing on a postcard or letter must be | 12 | | conspicuously located at the top of the postcard or letter, be | 13 | | easily readable in clear and unambiguous language, and be | 14 | | printed in at least 14-point bold-face font in a | 15 | | black-outlined box. Postcards or letters sent in compliance | 16 | | with the consumer protections of the Truth in Lending Act, 15 | 17 | | U.S.C. 1601 et seq., or the Truth in Savings Act, 12 U.S.C. | 18 | | 4301 et seq., are deemed to be in compliance with this Section. | 19 | | (Source: P.A. 103-87, eff. 1-1-24.) | 20 | | Section 95. No acceleration or delay. Where this Act makes | 21 | | changes in a statute that is represented in this Act by text | 22 | | that is not yet or no longer in effect (for example, a Section | 23 | | represented by multiple versions), the use of that text does | 24 | | not accelerate or delay the taking effect of (i) the changes | 25 | | made by this Act or (ii) provisions derived from any other |
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| 1 | | Public Act. | 2 | | Section 99. Effective date. This Act takes effect January | 3 | | 1, 2024.". |
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