Illinois General Assembly - Illinois Compiled Statutes

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815 ILCS 145/1

(815 ILCS 145/1) (from Ch. 17, par. 6101)

Sec. 1.

(a) No person in whose name a credit card is issued without his
having requested or applied for the card or for the extension of the credit or
establishment of a charge account which that card evidences is liable to
the issuer of the card for any purchases made or other amounts owing by a
use of that card from which he or a member of his family or household
derive no benefit unless he has indicated his acceptance of the card by
signing or using the card or by permitting or authorizing use of the card
by another. A mere failure to destroy or return an unsolicited card is not
such an indication. As used in this Act, "credit card" has the meaning
ascribed to it in Section 17-0.5 of the Criminal Code of 2012, except that
it does not include a card issued by any telephone company that is subject
to supervision or regulation by the Illinois Commerce Commission or other
public authority.

(b) When an action is brought by an issuer against the person named on
the card, the burden of proving the request, application, authorization,
permission, use or benefit as set forth in Section 1 hereof shall be upon
plaintiff if put in issue by defendant. In the event of judgment for
defendant, the court shall allow defendant a reasonable attorney's fee, to
be taxed as costs.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)