Full Text of HB4256 93rd General Assembly
HB4256 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4256
Introduced 1/29/2004, by Patricia R. Bellock 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
stylistic changes in a Section concerning definitions.
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A BILL FOR
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HB4256 |
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LRB093 19557 RXD 45297 b |
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| AN ACT concerning consumer protection.
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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. Definitions.
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| (a) The term "Advertisement" includes the
attempt by | 9 |
| publication,
dissemination, solicitation or circulation to | 10 |
| induce directly or indirectly
any person to enter into any | 11 |
| obligation or acquire any title or interest in
any merchandise | 12 |
| and includes every work device to disguise any form of
business | 13 |
| solicitation by using such terms as "renewal", "invoice", | 14 |
| "bill",
"statement", or "reminder", to create an impression of | 15 |
| existing obligation
when there is none, or other language to | 16 |
| mislead any person in relation to
any sought after commercial | 17 |
| transaction . ;
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| (b) The term "Merchandise" includes any objects, wares, | 19 |
| goods,
commodities, intangibles, real estate situated outside | 20 |
| the State of
Illinois, or services . ;
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| (c) The term "Person" includes any natural person or his | 22 |
| legal
representative, partnership, corporation (domestic and | 23 |
| foreign), company,
trust, business entity or association, and | 24 |
| any agent, employee, salesman,
partner, officer, director, | 25 |
| member, stockholder, associate, trustee or
cestui que trust | 26 |
| thereof . ;
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| (d) The term "Sale" includes any sale, offer for sale, or | 28 |
| attempt to
sell any merchandise for cash or on credit.
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| (e) The term "Consumer" means any person who purchases or | 30 |
| contracts for
the purchase of merchandise not for resale in the | 31 |
| ordinary course of his
trade or business but for his use or | 32 |
| that of a member of his household.
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HB4256 |
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LRB093 19557 RXD 45297 b |
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| (f) The terms "Trade" and "commerce" mean the advertising, | 2 |
| offering for
sale, sale, or distribution of any services and | 3 |
| any property, tangible or
intangible, real, personal or mixed, | 4 |
| and any other article, commodity, or
thing of value wherever | 5 |
| situated, and shall include any trade or commerce
directly or | 6 |
| indirectly affecting the people of this State.
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| (g) The term "Pyramid sales scheme" includes any plan or | 8 |
| operation
whereby
a person in exchange for money or other thing | 9 |
| of value acquires the opportunity
to receive a benefit or thing | 10 |
| of value, which is primarily based upon the
inducement of | 11 |
| additional persons, by himself or others, regardless of number,
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| to participate in the same plan or operation
and is not | 13 |
| primarily contingent on the volume or quantity of goods, | 14 |
| services,
or other property sold or distributed or to be sold | 15 |
| or distributed to persons
for purposes of resale to consumers. | 16 |
| For purposes of this subsection, "money
or other thing of | 17 |
| value"
does
shall not include payments made for sales | 18 |
| demonstration equipment
and materials
furnished on a nonprofit | 19 |
| basis for use in making sales and not
for resale.
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| (Source: P.A. 83-808.)
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