State of Illinois
92^nd General Assembly
Legislation

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92_SB0368eng

 
SB368 Engrossed                                LRB9204197JStm

 1        AN ACT concerning liability for debit card use.

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

 4        Section  5.  The  Credit Card Liability Act is amended by
 5    changing the title of the Act and Sections 0.01, 1, and 2  as
 6    follows:

 7        (815 ILCS 145/Act title)
 8        An  Act defining and limiting the liability of persons in
 9    whose names credit cards and debit cards are issued.

10        (815 ILCS 145/0.01) (from Ch. 17, par. 6100)
11        Sec. 0.01.  Short title.  This Act may be  cited  as  the
12    Credit Card and Debit Card Liability Act.
13    (Source: P.A. 86-1324.)

14        (815 ILCS 145/1) (from Ch. 17, par. 6101)
15        Sec. 1.  Unsolicited cards; liability.
16        (a)  No  person in whose name a credit card or debit card
17    is issued without his having requested  or  applied  for  the
18    card or for the extension of the credit or establishment of a
19    charge  account or other account which that card evidences is
20    liable to the issuer of the card for any  purchases  made  or
21    other  amounts owing by a use of that card from which he or a
22    member of his family or household derive no benefit unless he
23    has indicated his acceptance of the card by signing or  using
24    the  card  or by permitting or authorizing use of the card by
25    another. A mere failure to destroy or return  an  unsolicited
26    card  is not such an indication. As used in this Act, "credit
27    card" and "debit card" have has the meanings meaning ascribed
28    to those terms it in Section 2.03 of the Illinois Credit Card
29    and Debit Card Act, except that the  terms  do  it  does  not
 
SB368 Engrossed             -2-                LRB9204197JStm
 1    include  a  card  issued  by  any  telephone  company that is
 2    subject to supervision or regulation by the Illinois Commerce
 3    Commission or other public authority.
 4        (b)  When an action is brought by an issuer  against  the
 5    person  named on the card, the burden of proving the request,
 6    application, authorization, permission, use or benefit as set
 7    forth in Section 1 hereof shall be upon plaintiff if  put  in
 8    issue  by  defendant. In the event of judgment for defendant,
 9    the court shall allow defendant a reasonable attorney's  fee,
10    to be taxed as costs.
11    (Source: P.A. 78-777.)

12        (815 ILCS 145/2) (from Ch. 17, par. 6102)
13        Sec. 2.  Requested or accepted cards; liability.
14        (a)  Notwithstanding that a person in whose name a credit
15    card  or  debit card has been issued has requested or applied
16    for  such  card  or  has  indicated  his  acceptance  of   an
17    unsolicited credit card or debit card, as provided in Section
18    1  hereof,  such  person  shall  not  be liable to the issuer
19    unless the card issuer has given notice to such person of his
20    potential liability, on  the  card  or  within  2  two  years
21    preceding  such  use,  and  has  provided such person with an
22    addressed notification requiring no postage  to  be  paid  by
23    such  person  which  may  be mailed in the event of the loss,
24    theft, or possible unauthorized use of  the  credit  card  or
25    debit  card,  and  such  person  shall  not be liable for any
26    amount in excess of the  applicable  amount  hereinafter  set
27    forth,  resulting from unauthorized use of that card prior to
28    notification to the  card  issuer  of  the  loss,  theft,  or
29    possible unauthorized use of that card:
30        Card without a signature panel.....................$25.00
31        Card with a signature panel........................$50.00
32        After  the  holder of the credit card or debit card gives
33    notice to the issuer that a credit card or debit card is lost
 
SB368 Engrossed             -3-                LRB9204197JStm
 1    or stolen he is not liable  for  any  amount  resulting  from
 2    unauthorized use of the card.
 3        (b)  When  an  action is brought by an issuer against the
 4    person named on a card, issuance of which has been requested,
 5    applied for, solicited or  accepted  and  defendant  puts  in
 6    issue  any transaction arising from the use of such card, the
 7    burden of proving benefit, authorization, use, or  permission
 8    by  defendant as to such transaction shall be upon plaintiff.
 9    In  the  event  defendant  prevails  with  respect   to   any
10    transaction  so put in issue, the court may enter as a credit
11    against any judgment for plaintiff,  or  as  a  judgment  for
12    defendant,  a  reasonable  attorney's  fee  for  services  in
13    connection  with  the  transaction  in  respect  of which the
14    defendant prevails.
15    (Source: P.A. 77-1637.)

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