(815 ILCS 145/2) (from Ch. 17, par. 6102)
Sec. 2.
(a) Notwithstanding that a person in whose name a credit card has
been issued has requested or applied for such card or has indicated his
acceptance of an unsolicited credit card, as provided in Section 1
hereof, such person shall not be liable to the issuer unless the card
issuer has given notice to such person of his potential liability, on
the card or within two years preceding such use, and has provided such
person with an addressed notification requiring no postage to be paid by
such person which may be mailed in the event of the loss, theft, or
possible unauthorized use of the credit card, and such person shall not
be liable for any amount in excess of the applicable amount hereinafter
set forth, resulting from unauthorized use of that card prior to
notification to the card issuer of the loss, theft, or possible
unauthorized use of that card:
Card without a signature panel......................$25.00
Card with a signature panel.........................$50.00
After the holder of the credit card gives notice to the issuer that a
credit card is lost or stolen he is not liable for any amount resulting
from unauthorized use of the card.
(b) When an action is brought by an issuer against the person named
on a card, issuance of which has been requested, applied for, solicited
or accepted and defendant puts in issue any transaction arising from the
use of such card, the burden of proving benefit, authorization, use or
permission by defendant as to such transaction shall be upon plaintiff.
In the event defendant prevails with respect to any transaction so put
in issue, the court may enter as a credit against any judgment for
plaintiff, or as a judgment for defendant, a reasonable attorney's fee
for services in connection with the transaction in respect of which the
defendant prevails.
(Source: P.A. 77-1637.)
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