Full Text of HB0049 97th General Assembly
HB0049 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0049 Introduced 1/12/2011, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: | | 815 ILCS 505/1 | from Ch. 121 1/2, par. 261 |
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Amends the Consumer Fraud and Deceptive Business Practices Act. Makes a
technical change in a Section concerning definitions.
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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 1 as follows:
| 6 | | (815 ILCS 505/1) (from Ch. 121 1/2, par. 261)
| 7 | | Sec. 1. (a) The
The term "advertisement" includes the | 8 | | attempt by publication,
dissemination, solicitation or | 9 | | circulation to induce directly or indirectly
any person to | 10 | | enter into any obligation or acquire any title or interest in
| 11 | | any merchandise and includes every work device to disguise any | 12 | | form of
business solicitation by using such terms as "renewal", | 13 | | "invoice", "bill",
"statement", or "reminder", to create an | 14 | | impression of existing obligation
when there is none, or other | 15 | | language to mislead any person in relation to
any sought after | 16 | | commercial transaction. | 17 | | (b) The term "merchandise" includes any objects, wares, | 18 | | goods,
commodities, intangibles, real estate situated outside | 19 | | the State of
Illinois, or services.
| 20 | | (c) The term "person" includes any natural person or his | 21 | | legal
representative, partnership, corporation (domestic and | 22 | | foreign), company,
trust, business entity or association, and | 23 | | any agent, employee, salesman,
partner, officer, director, |
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| 1 | | member, stockholder, associate, trustee or
cestui que trust | 2 | | thereof.
| 3 | | (d) The term "sale" includes any sale, offer for sale, or | 4 | | attempt to
sell any merchandise for cash or on credit.
| 5 | | (e) The term "consumer" means any person who purchases or | 6 | | contracts for
the purchase of merchandise not for resale in the | 7 | | ordinary course of his
trade or business but for his use or | 8 | | that of a member of his household.
| 9 | | (f) The terms "trade" and "commerce" mean the advertising, | 10 | | offering for
sale, sale, or distribution of any services and | 11 | | any property, tangible or
intangible, real, personal or mixed, | 12 | | and any other article, commodity, or
thing of value wherever | 13 | | situated, and shall include any trade or commerce
directly or | 14 | | indirectly affecting the people of this State.
| 15 | | (g) The term "pyramid sales scheme" includes any plan or | 16 | | operation whereby
a person in exchange for money or other thing | 17 | | of value acquires the opportunity
to receive a benefit or thing | 18 | | of value, which is primarily based upon the
inducement of | 19 | | additional persons, by himself or others, regardless of number,
| 20 | | to participate in the same plan or operation
and is not | 21 | | primarily contingent on the volume or quantity of goods, | 22 | | services,
or other property sold or distributed or to be sold | 23 | | or distributed to persons
for purposes of resale to consumers. | 24 | | For purposes of this subsection, "money
or other thing of | 25 | | value"
shall not include payments made for sales demonstration | 26 | | equipment and materials
furnished on a nonprofit basis for use |
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| 1 | | in making sales and not
for resale.
| 2 | | (Source: P.A. 95-331, eff. 8-21-07.)
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