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Public Act 101-0025


 

Public Act 0025 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0025
 
HB2472 EnrolledLRB101 07152 JLS 52190 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 10b as follows:
 
    (815 ILCS 505/10b)  (from Ch. 121 1/2, par. 270b)
    (Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
    Sec. 10b. Nothing in this Act shall apply to any of the
following:
    (1) Actions or transactions specifically authorized by
laws administered by any regulatory body or officer acting
under statutory authority of this State or the United States;
however, notwithstanding any action or approval by a regulatory
body or officer acting under statutory authority of this State
or the United States, the manufacture, distribution, or sale of
a product or service that causes or contributes to cause bodily
injury, death, or property damage is not an action or
transaction "specifically authorized" within the meaning of
this item (1).
    (2) The provisions of "An act to protect trademark owners,
distributors, and the public against injurious and uneconomic
practices in the distribution of articles of standard quality
under a trademark, brand or name," approved July 8, 1935, as
amended.
    (3) Acts done by the publisher, owner, agent, or employee
of a newspaper, periodical or radio or television station in
the publication or dissemination of an advertisement, when the
owner, agent or employee did not have knowledge of the false,
misleading or deceptive character of the advertisement, did not
prepare the advertisement, or did not have a direct financial
interest in the sale or distribution of the advertised product
or service.
    (4) The communication of any false, misleading or deceptive
information, provided by the seller of real estate located in
Illinois, by a real estate salesman or broker licensed under
"The Real Estate Brokers License Act", unless the salesman or
broker knows of the false, misleading or deceptive character of
such information. This provision shall be effective as to any
communication, whenever occurring.
    (5) (Blank). This item (5)
    (6) The communication of any false, misleading, or
deceptive information by an insurance producer, registered
firm, or limited insurance representative, as those terms are
defined in the Illinois Insurance Code, or by an insurance
agency or brokerage house concerning the sale, placement,
procurement, renewal, binding, cancellation of, or terms of any
type of insurance or any policy of insurance unless the
insurance producer has actual knowledge of the false,
misleading, or deceptive character of the information. This
provision shall be effective as to any communications, whenever
occurring. This item (6) applies to all causes of action that
accrue on or after the effective date of this amendatory Act of
1995.
(Source: P.A. 84-894; 89-152, eff. 1-1-96; revised 1-22-98.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/21/2019