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| [ House Amendment 001 ] |
90_HB0712
815 ILCS 505/1 from Ch. 121 1/2, par. 261
Amends the Consumer Fraud and Deceptive Business
Practices Act. Makes a stylistic change in provisions
concerning definitions.
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1 AN ACT to amend the Consumer Fraud and Deceptive Business
2 Practices Act by changing Section 1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Consumer Fraud and Deceptive Business
6 Practices Act is amended by changing Section 1 as follows:
7 (815 ILCS 505/1) (from Ch. 121 1/2, par. 261)
8 Sec. 1. (a) The term "advertisement" includes the
9 attempt by publication, dissemination, solicitation or
10 circulation to induce directly or indirectly any person to
11 enter into any obligation or acquire any title or interest in
12 any merchandise and includes every work device to disguise
13 any form of business solicitation by using such terms as
14 "renewal", "invoice", "bill", "statement", or "reminder", to
15 create an impression of existing obligation when there is
16 none, or other language to mislead any person in relation to
17 any sought after commercial transaction;
18 (b) The term "merchandise" includes any objects, wares,
19 goods, commodities, intangibles, real estate situated outside
20 the State of Illinois, or services;
21 (c) The term "person" includes any natural person or his
22 or her legal representative, partnership, corporation
23 (domestic and foreign), company, trust, business entity or
24 association, and any agent, employee, salesman, partner,
25 officer, director, member, stockholder, associate, trustee or
26 cestui que trust thereof;
27 (d) The term "sale" includes any sale, offer for sale,
28 or attempt to sell any merchandise for cash or on credit.
29 (e) The term "consumer" means any person who purchases
30 or contracts for the purchase of merchandise not for resale
31 in the ordinary course of his trade or business but for his
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1 use or that of a member of his household.
2 (f) The terms "trade" and "commerce" mean the
3 advertising, offering for sale, sale, or distribution of any
4 services and any property, tangible or intangible, real,
5 personal or mixed, and any other article, commodity, or thing
6 of value wherever situated, and shall include any trade or
7 commerce directly or indirectly affecting the people of this
8 State.
9 (g) The term "pyramid sales scheme" includes any plan or
10 operation whereby a person in exchange for money or other
11 thing of value acquires the opportunity to receive a benefit
12 or thing of value, which is primarily based upon the
13 inducement of additional persons, by himself or others,
14 regardless of number, to participate in the same plan or
15 operation and is not primarily contingent on the volume or
16 quantity of goods, services, or other property sold or
17 distributed or to be sold or distributed to persons for
18 purposes of resale to consumers. For purposes of this
19 subsection, "money or other thing of value" shall not include
20 payments made for sales demonstration equipment and materials
21 furnished on a nonprofit basis for use in making sales and
22 not for resale.
23 (Source: P.A. 83-808.)