State of Illinois
Public Acts
92^nd General Assembly

Public Act 92-0478

HB1970 Enrolled                               LRB9206270DJmgA

    AN ACT in relation to business transactions.

    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 2N as follows:

    (815 ILCS 505/2N) (from Ch. 121 1/2, par. 262N)
    Sec. 2N.  Non-English language transaction.
    (a)  If (i) a person conducts, in a language  other  than
English,  a  retail  transaction or negotiations related to a
retail transaction resulting in a written contract  and  (ii)
the  consumer  used an interpreter other than the retailer or
an employee of the retailer in conducting the transaction  or
negotiations,  the  retailer  must  have the consumer and the
interpreter sign the following forms:
         I, (name of consumer), used (name of interpreter) to
    act as my interpreter during this retail  transaction  or
    these  negotiations.   The obligations of the contract or
    other written agreement were explained to me in my native
    language by the interpreter.  I understand  the  contract
    or other written agreement.
         (signature of consumer)
         (relationship of interpreter to consumer)
         I,  (name  of  interpreter),  acted  as  interpreter
    during  this  retail  transaction  or these negotiations.
    The  obligations  of  the  contract  or   other   written
    agreement  were  explained  to  (name of consumer) in the
    consumer's native language.  I understand the contract or
    other written agreement.
         (signature of interpreter)
         (relationship of interpreter to consumer)
    (b)  If (i) a person conducts, in a language  other  than
English,  a  retail  transaction or negotiations related to a
retail transaction resulting in a written contract  and  (ii)
the  retailer  or  an  employee  of the retailer acted as the
consumer's  interpreter  in  conducting  the  transaction  or
negotiations, the retailer must have the  consumer  sign  the
following  form  in the consumer's native language (except as
provided in subsection (c)):
         This retail transaction or these  negotiations  were
    conducted  in  (language), which is my native language. I
    voluntarily  choose  to  have  the  retailer  act  as  my
    interpreter during the negotiations.  The obligations  of
    the contract or other written agreement were explained to
    me  in  my native language.  I understand the contract or
    other written agreement.
         (signature of consumer)      (signature of retailer)
    (c)  If a language that cannot be written is used in  the
retail  transaction  or  in  negotiations related to a retail
transaction, then the form set forth in subsection (b)  shall
be in the English language.
    (d)  If  a person used forms substantially similar to the
forms prescribed in subsections (a) and (b)  in  the  regular
course  of  business  before  January 1, 2002, the person may
continue to use those forms instead of the  forms  prescribed
in  subsections  (a)  and (b). It is an unlawful practice for
any person who conducts a retail transaction or  negotiations
related  to  a  retail  transaction  in a language other than
English to fail to give each consumer prior to entering  into
any  contract  or any other written agreement with respect to
said transaction, an unexecuted copy of the contract or other
written agreement in such language.
    (e)  The  terms  of  this  Section  do   not   apply   to
transactions  made  pursuant  to  a credit card issued to the
buyer, whether such card is issued by  the  seller  or  by  a
third party.
(Source: P.A. 79-926.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 30, 2001.
    Approved August 23, 2001.
    Effective August 23, 2001.