Bill Amendment: IL SB0371 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: BUSINESS-TECH
Status: 2023-12-10 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0371 Detail]
Download: Illinois-2023-SB0371-Senate_Amendment_001.html
Bill Title: BUSINESS-TECH
Status: 2023-12-10 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0371 Detail]
Download: Illinois-2023-SB0371-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 371 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 371 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Consumer Fraud and Deceptive Business | ||||||
5 | Practices Act is amended by changing Section 2PP as follows:
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6 | (815 ILCS 505/2PP) | ||||||
7 | (Text of Section before amendment by P.A. 103-87 ) | ||||||
8 | Sec. 2PP. Mail; disclosure. It is an unlawful practice | ||||||
9 | under this Act to knowingly mail or send or cause to be mailed | ||||||
10 | or sent a postcard or letter to a recipient in this State if: | ||||||
11 | (1) the postcard or letter contains a request that the | ||||||
12 | recipient call a telephone number; and | ||||||
13 | (2) the postcard or letter is mailed or sent to induce | ||||||
14 | the recipient to call the telephone number so that goods, | ||||||
15 | services, or other merchandise, as defined in Section 1, | ||||||
16 | may be offered for sale to the recipient; and |
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1 | (3) the postcard or letter does not disclose that | ||||||
2 | goods, services, or other merchandise, as defined in | ||||||
3 | Section 1, may be offered for sale if the recipient calls | ||||||
4 | the telephone number. | ||||||
5 | (Source: P.A. 95-331, eff. 8-21-07.)
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6 | (Text of Section after amendment by P.A. 103-87 ) | ||||||
7 | Sec. 2PP. Mail; disclosure. | ||||||
8 | (a) It is an unlawful practice under this Act for a company | ||||||
9 | not connected to the company from which the recipient has | ||||||
10 | purchased or obtained goods, services, or other merchandise, | ||||||
11 | as defined in Section 1, to knowingly mail or send or cause to | ||||||
12 | be mailed or sent a postcard or letter to a recipient in this | ||||||
13 | State if: | ||||||
14 | (1) the postcard or letter contains a request that the | ||||||
15 | recipient contact the sender by mail, telephone, email, | ||||||
16 | website, or other prescribed means and the primary purpose | ||||||
17 | of the postcard or letter is the commercial advertisement | ||||||
18 | or promotion of goods, services, or other merchandise, as | ||||||
19 | defined in Section 1 ; and | ||||||
20 | (2) the postcard or letter is mailed or sent to induce | ||||||
21 | the recipient to contact the sender by mail, telephone, | ||||||
22 | email, website, or other prescribed means so that goods, | ||||||
23 | services, or other merchandise, as defined in Section 1, | ||||||
24 | may be offered for sale to the recipient; and | ||||||
25 | (3) the postcard or letter does not disclose or |
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1 | disclaim that it is not a bill and that it is a | ||||||
2 | solicitation for goods, services, or other merchandise, as | ||||||
3 | defined in Section 1, that may be offered for sale if the | ||||||
4 | recipient contacts the sender by mail, telephone, email, | ||||||
5 | website, or any other prescribed means; and | ||||||
6 | (4) the postcard or letter does not disclose or | ||||||
7 | disclaim the sender's full legal name and any assumed or | ||||||
8 | fictitious names used by the sender any and all | ||||||
9 | affiliations or lack thereof . | ||||||
10 | (b) All disclosures and disclaimers required by this | ||||||
11 | Section appearing on a postcard or letter must be | ||||||
12 | conspicuously located at the top of the postcard or letter, be | ||||||
13 | easily readable in clear and unambiguous language, and be | ||||||
14 | printed in at least 14-point bold-face font in a | ||||||
15 | black-outlined box. Postcards or letters sent in compliance | ||||||
16 | with the consumer protections of the Truth in Lending Act, 15 | ||||||
17 | U.S.C. 1601 et seq., or the Truth in Savings Act, 12 U.S.C. | ||||||
18 | 4301 et seq., are deemed to be in compliance with this Section. | ||||||
19 | (Source: P.A. 103-87, eff. 1-1-24.)
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20 | Section 95. No acceleration or delay. Where this Act makes | ||||||
21 | changes in a statute that is represented in this Act by text | ||||||
22 | that is not yet or no longer in effect (for example, a Section | ||||||
23 | represented by multiple versions), the use of that text does | ||||||
24 | not accelerate or delay the taking effect of (i) the changes | ||||||
25 | made by this Act or (ii) provisions derived from any other |
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1 | Public Act.
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