Full Text of SB2771 96th General Assembly
SB2771 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2771
Introduced 1/28/2010, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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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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SB2771 |
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LRB096 17305 DRJ 32655 b |
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| AN ACT concerning business.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Consumer Fraud and Deceptive Business | 5 |
| Practices Act is amended by changing Section 1 as follows:
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| (815 ILCS 505/1) (from Ch. 121 1/2, par. 261)
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| 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
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| 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.
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| (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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SB2771 |
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LRB096 17305 DRJ 32655 b |
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| member, stockholder, associate, trustee or
cestui que trust | 2 |
| thereof.
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| (d) The term "sale" includes any sale, offer for sale, or | 4 |
| attempt to
sell any merchandise for cash or on credit.
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| (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.
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| (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.
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| (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,
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| 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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SB2771 |
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LRB096 17305 DRJ 32655 b |
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| in making sales and not
for resale.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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