(815 ILCS 360/1) (from Ch. 121 1/2, par. 871)
Sec. 1.
The provisions of this Act shall not affect the rights and obligations
of parties determined by reference to the "Uniform Commercial Code", approved
July 31, 1961, as amended, except that, where the provisions of the "Uniform
Commercial Code" conflict with the rights guaranteed to buyers of consumer
goods, as herein defined, under the provisions of this Act, the provisions
of this Act shall prevail.
(Source: P.A. 79-763.)
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(815 ILCS 360/2) (from Ch. 121 1/2, par. 872)
Sec. 2.
This Act shall be known and may be cited as the "Lay Away Plan Act".
(Source: P.A. 79-763.)
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(815 ILCS 360/3) (from Ch. 121 1/2, par. 873)
Sec. 3.
As used in this Act:
(a) "Consumer goods" means tangible personal property used or bought for
use primarily for personal, family or household purposes.
(b) "Buyer" or "retail buyer" means any individual who buys consumer goods
for his own use or the use of another and not for resale from a person engaged
in the business of manufacturing, distributing or selling such goods.
(c) "Retail seller", "seller" or "retailer" means any individual, partnership,
corporation, association or other legal entity which engages in the business
of selling consumer goods to retail buyers.
(d) "Lay Away Plan" means any plan whereby a seller of consumer goods
offers such goods for sale to the public on terms which permit periodic
payment for such goods, and with respect to which, delivery is deferred
until completion of payment of the entire purchase price.
(Source: P.A. 79-763.)
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(815 ILCS 360/4) (from Ch. 121 1/2, par. 874)
Sec. 4.
It shall be unlawful for any seller of consumer goods:
(a) To fail to disclose or to misrepresent in any way the store's policy
with reference to a "lay away plan";
(b) To represent to a buyer who is purchasing on a "lay away plan" that
the specific goods chosen by the buyer or an exact duplicate of such goods
are being laid away for that buyer when such is not a fact;
(c) To fail to disclose to the buyer that the specified goods or their exact
duplicate will only be set aside for a certain period of time;
(d) To deliver to the buyer after payments (pursuant to the "lay away
plan") are completed, goods which are not identical or exact substitutes
to those specified, unless prior approval in writing has been received from the buyer;
(e) To increase the price of the goods specified either by way of increasing
the payments or substituting goods which are of a lower quality or higher price;
(f) To fail to deliver to the buyer, on any date payment is made, a record
showing the amount of that payment and the date thereof, and upon request,
the balance of payments made up to that date;
(g) To fail to disclose or to misrepresent in any way the store's policy
with reference to cancellations and repayment or non-repayment of payments
already made, and in case payments are not refunded, to fail to disclose
that fact in writing;
(h) To represent interest charges as any other charge.
Unless otherwise identified in writing the use of another charge
shall be prima facie evidence that this Act is being violated.
The burden of proof shall be on
the seller to show that any such unidentified charges other than
interest are in fact not interest;
(i) To fail to disclose interest charges on the bill issued by the seller
to the buyer.
(Source: P.A. 79-763.)
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(815 ILCS 360/5) (from Ch. 121 1/2, par. 875)
Sec. 5.
Delivery dates:
(a) Upon completion of lay-away payments in a sale of
consumer goods for delivery subsequent to completion of
payments, the seller shall give the buyer, in writing, an
estimated range of delivery dates, such range to be limited
to a 3-week period. In the event that the seller becomes
aware of a delay in a delivery date, the seller must promptly
notify the buyer of the new delivery date.
(b) If such consumer goods are not delivered within 30
days of the original delivery date, the seller must, at the
option of the buyer:
(1) Cancel the contract with full refund;
(2) Cancel the contract and give the buyer a credit;
(3) Negotiate a new delivery date with the buyer; or
(4) Allow the buyer to select equivalent new goods.
(c) The seller is required to notify the buyer of these options before
the end of the 30-day period of delay. All refunds must be made within
two weeks after the buyer requests it.
(Source: P.A. 79-763.)
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(815 ILCS 360/6) (from Ch. 121 1/2, par. 876)
Sec. 6.
Any retail buyer, aggrieved by any activity by a retail seller
described in Sections 4 and 5 of this Act, may bring suit against the seller in
the circuit court of the county in which the contract became binding, for
any remedy provided by the common or statute law of this State.
(Source: P.A. 79-763.)
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(815 ILCS 360/7) (from Ch. 121 1/2, par. 877)
Sec. 7.
The provisions of this Act are hereby declared to be severable
and if any Section or part of the Act is declared to be unconstitutional,
such unconstitutionality shall not affect the validity of the remaining
portions of the Act if they can be given effect without the invalid portions.
(Source: P.A. 79-763.)
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