815 ILCS 635/ Illinois Membership Campground Act.

(815 ILCS 635/1) (from Ch. 29, par. 901)

Sec. 1. Short Title. This Article shall be known and may be cited as the "Illinois Membership Campground Act".

(Source: P.A. 84-1235.)

(815 ILCS 635/2) (from Ch. 29, par. 902)

Sec. 2. Applicability of Other Laws. Membership Camping Contracts registered under this Article are exempt from the provisions of Public Act 84-821. Membership Camping Contracts covered by this Article shall be subject to the Retail Installment Sales Act.

(Source: P.A. 84-1235.)

(815 ILCS 635/3) (from Ch. 29, par. 903)

Sec. 3. As used in this Article unless the context otherwise requires:

(1) "Campground" means real property owned or operated by a Membership Camping Operator which is available for camping by purchasers of Membership Camping Contracts.

(2) "Membership Camping Contract" means an agreement offered or sold within this State evidencing a member's right or license to use, for more than 30 days, the campgrounds and amenities of a Membership Camping Operator and includes a membership which provides for this use.

(3) "Purchaser" or "Member" means a person who enters into a Membership Camping Contract with a Membership Camping Operator or a person who obtains the right to use a campground or amenities pursuant to the Membership Camping Contract.

(4) "Membership Camping Operator" means the person or entity that enters into a Membership Camping Contract with a purchaser or member.

(5) "Salesperson" means any person, other than a Membership Camping Operator, who is engaged in obtaining commitments of persons to enter into Membership Camping Contracts by making direct sales presentations to such persons. For purposes of "The Unemployment Insurance Act", approved June 30, 1937, as amended, a salesperson under this Act is an independent contractor and not considered to be engaged in employment unless such salesperson has tax withheld by a Membership Camping Operator pursuant to Section 701 of the Illinois Income Tax Act.

(Source: P.A. 85-812.)

(815 ILCS 635/4) (from Ch. 29, par. 904)

Sec. 4. Advertising Standards and Disclosures. (1) A Membership Camping Operator shall provide to a purchaser at least the following written disclosures before the purchaser signs a Membership Camping Contract, or gives any money or thing of value for the purchase of a Membership Camping Contract. These disclosures shall contain reasonably current information and shall be included in the Contract or in one separate disclosure document at the option of the Membership Camping Operator. These disclosures shall be updated annually for use with new purchasers.

(a) the name, principal address, and telephone number of the Membership Camping Operator and of its offices in this State;

(b) a description of the nature of the purchaser's title to, interest in, or right or license to use the campgrounds and amenities;

(c) a summary and copy of the articles, bylaws, rules, restrictions, or covenants regulating the member's use of each campground and amenities on each campground in this State, including a statement of whether and how the articles, bylaws, rules, restrictions, or covenants may be changed; provided that the foregoing need not include any temporary or emergency rules or any rules adopted in response to unique local or immediate needs if the rules and regulations are posted at the campground;

(d) a description of all payments required of a member under a Membership Camping Contract, including initial fees and any further fees, charges or assessments, together with any provisions for changing the payments;

(e) a description of any constraints on the transfer of Membership Camping Contracts; and

(f) a description of any grounds for forfeiture of a Membership Camping Contract.

(2) Advertising. (a) Origination and Endorsement in Contents or on Envelopes.

(i) Solicitations must not state or imply that they are made by or originate from a government or other public agency.

(ii) Solicitations must not state or imply that they are from bill collection firms, credit reporting agencies, law offices, or public utilities.

(iii) References in solicitations to professionals must not mislead as to the function of such professionals.

(b) Premiums. Solicitations that include offers of premiums to consumers must comply with the following requirements.

(i) The solicitation must clearly disclose:

(A) the purpose of the solicitation;

(B) the nature of the development and development interest being offered for sale;

(C) the eligibility requirements to obtain the premium;

(D) any restrictions on the right to receive the premium or to otherwise participate;

(E) any additional costs associated with making the premium operational, other than shipping or battery costs;

(F) if a purchase is necessary in order to receive the premium;

(G) if participation in a sales presentation or tour of the development is necessary in order to receive the premium;

(H) the approximate duration of any sales presentation or development tour;

(I) the name and address of the development firm if different from the project, pursuant to subsection (2)(b)(i)(J) of this Section, and the marketing firm responsible for the solicitation; and

(J) the name and address of the project at which the development interest is located.

(ii) Premiums offered in these solicitations:

(A) shall not be represented by description, name, pricing, narrative copy, or graphic depiction in any manner that tends to mislead or deceive the consumer as to the true nature, value, size, or kind;

(B) may be substituted, if the premiums are offered subject to a right to substitute, for premiums of equal or greater value because the item offered is not available on the market. Disclosure of this fact must be included in the solicitations. Premiums of lesser value shall not be substituted unless such a substitution is requested by the consumer.

(C) must not be offered if it can be reasonably foreseen that they will not be readily available at the time and place the consumers are to receive them;

(D) must be shipped within 30 days without additional cost, time or travel required of the consumer if the premiums or their substitutes cannot be distributed at the time represented; and

(E) must reflect nationally advertised retail value of the item or be based upon reasonable comparables when presented along with price information.

(iii) Consumers must not be referred to as "winners", told that they have "won" a premium, or be informed that the premium is an "award", "prize", "gift", or is "free" or any similar terms unless all terms, conditions, and obligations upon which the offer or premium is contingent are clearly and conspicuously set forth so as to leave no reasonable probability that the terms of the offer might be misunderstood.

(c) Programs Involving Chance, Gaming, or Sweepstakes. Solicitations in which premiums are distributed and that imply chance or gaming in any way, including references to "sweepstakes" or similar terms, must comply with these requirements:

(i) The complete rules or procedures must be disclosed including;

(A) any eligibility requirements;

(B) "odds" on receiving each premium expressed in Arabic numerals or fractions and not in decimals or percentages; and

(C) the minimum quantity of each premium to be distributed assuming such premiums are properly claimed.

(ii) There must be disclosure of:

(A) the rules or procedures for distributing all unclaimed premiums unless the solicitations make clear that unclaimed premiums will not be distributed;

(B) the date by which distribution will be made;

(C) the rules or procedures by which a consumer may obtain a list of major premium recipients; and

(D) the date when such a list may be obtained.

(d) Programs involving certificates or coupons. Solicitations that include the offer or distribution of premiums to consumers in the form of certificates, coupons, vouchers, checks, stamps or other documents representing something of value, including travel or lodging certificates, must comply with the following:

(i) Any restrictions or conditions on the redemption or use of the certificates must be disclosed on the solicitation;

(ii) If the consumer must pay all or part of the transportation costs, whether or not accompanied, must be disclosed on the solicitation; and

(iii) Lengthy delays, onerous procedures, or other inhibitions that have the purpose or effect of discouraging redemption or use of the certificates must not be imposed.

(e) Electronic media advertisements. Solicitations using electronic media advertisements such as radio or television need not provide all of the disclosures required by this Section for solicitations; but such advertisements must be accurate and consistent with other solicitations or sales information provided to customers.

(f) A third party, other than an employee or salesperson of the Operator, who provides, by arrangement with the Operator, exchange privileges, services, premiums, and other amenities to consumers is solely liable for any acts, failures to act, misstatements, or misrepresentations by such third party, unless the Operator knew or, through the use of reasonable diligence, should have known of any such acts, failures to act, misstatements, or misrepresentations of such third party.

(Source: P.A. 85-812.)

(815 ILCS 635/5) (from Ch. 29, par. 905)

Sec. 5. Cancellation Rights. (1) Right of Rescission: A purchaser or a Membership Camping Operator has an unconditional right to rescind any Membership Camping Contract, or revoke any offer, at any time prior to or within 3 business days after the date the purchaser actually receives a legible copy of the binding contract. "Business day" means any calendar day except Sunday or Federal holiday. Predating of a document does not affect the time in which the right to rescind may be exercised.

(2) Notice. Each membership camping contract or disclosure document shall contain the following notice: "Either the purchaser or the Membership Camping Operator is entitled to rescind this agreement for any reason within 3 calendar days (excluding Sundays and national holidays) from the day the purchaser actually receives a legible copy of this document signed by all parties. The rescission, which must be made in writing, shall be delivered by certified mail or delivered in person. The purchaser shall return the contract, certificate of membership, and any membership cards, ID, or materials to the Membership Camping Operator upon said notice in the same condition in which it was received or pay the cost of replacing the material".

Following the date of the rescission notice, the Membership Camping Operator shall, within 10 days, begin processing the refund of any money paid by the purchaser so that the purchaser will receive a refund no more than 21 days after the date of the rescission notice. Upon rescission the purchaser shall immediately return the contract, certificate of membership, and any membership cards, ID, or other materials to the Membership Camping Operator in the same condition in which it was received or pay the cost of replacing the material.

(3) Effective Date: Rescission occurs when the purchaser or the Membership Camping Operator gives written notice of rescission or when rescission is made in person.

(Source: P.A. 85-1209.)