State of Illinois
92^nd General Assembly
Legislation

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92_HB1970eng

 
HB1970 Engrossed                              LRB9206270DJmgA

 1        AN ACT in relation to business transactions.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Consumer  Fraud  and  Deceptive  Business
 5    Practices Act is amended by changing Section 2N as follows:

 6        (815 ILCS 505/2N) (from Ch. 121 1/2, par. 262N)
 7        Sec. 2N.  Non-English language transaction.
 8        (a)  If  (i)  a  person  conducts a retail transaction or
 9    negotiations related to a retail transaction resulting  in  a
10    written  contract  in  a language other than English and (ii)
11    the consumer used an interpreter other than the  retailer  or
12    an  employee of the retailer in conducting the transaction or
13    negotiations, the retailer must have the  consumer  sign  the
14    following form:
15             I, (name of consumer), used (name of interpreter) to
16        act  as  my interpreter during this retail transaction or
17        these negotiations.  The obligations of the  contract  or
18        other written agreement were explained to me in my native
19        language  by  the interpreter.  I understand the contract
20        or other written agreement.
21             (signature of consumer)
22             (signature of interpreter)
23             (relationship of interpreter to consumer)
24        (b)  If (i) a person conducts  a  retail  transaction  or
25    negotiations  related  to a retail transaction resulting in a
26    written contract in a language other than  English  and  (ii)
27    the  retailer  or  an  employee  of the retailer acted as the
28    consumer's  interpreter  in  conducting  the  transaction  or
29    negotiations, the retailer must have the  consumer  sign  the
30    following form:
31             This  retail  transaction or these negotiations were
 
HB1970 Engrossed            -2-               LRB9206270DJmgA
 1        conducted in (language), which is my native language.   I
 2        voluntarily  choose not to have my own interpreter, other
 3        than the retailer,  available  during  the  negotiations.
 4        The   obligations   of  the  contract  or  other  written
 5        agreement were explained to me in my native language.   I
 6        understand the contract or other written agreement.
 7             (signature of consumer)      (signature of retailer)
 8        (c)  If  a person used forms substantially similar to the
 9    forms prescribed in subsections (a) and (b)  in  the  regular
10    course  of  business  before  January 1, 2002, the person may
11    continue to use those forms instead of the  forms  prescribed
12    in  subsections (a) and (b).   It is an unlawful practice for
13    any person who conducts a retail transaction or  negotiations
14    related  to  a  retail  transaction  in a language other than
15    English to fail to give each consumer prior to entering  into
16    any  contract  or any other written agreement with respect to
17    said transaction, an unexecuted copy of the contract or other
18    written agreement in such language.
19        (d)  The  terms  of  this  Section  do   not   apply   to
20    transactions  made  pursuant  to  a credit card issued to the
21    buyer, whether such card is issued by  the  seller  or  by  a
22    third party.
23    (Source: P.A. 79-926.)

24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.

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