Bill Text: IL HB0045 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Makes a technical change in a Section concerning definitions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0045 Detail]

Download: Illinois-2017-HB0045-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0045

Introduced , by Rep. Lou Lang

SYNOPSIS AS INTRODUCED:
815 ILCS 505/1 from Ch. 121 1/2, par. 261

Amends the Consumer Fraud and Deceptive Business Practices Act. Makes a technical change in a Section concerning definitions.
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A BILL FOR

HB0045LRB100 03694 JLS 13699 b
1 AN ACT concerning business.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by changing Section 1 as follows:
6 (815 ILCS 505/1) (from Ch. 121 1/2, par. 261)
7 Sec. 1. (a) The The term "advertisement" includes the
8attempt by publication, dissemination, solicitation or
9circulation to induce directly or indirectly any person to
10enter into any obligation or acquire any title or interest in
11any merchandise and includes every work device to disguise any
12form of business solicitation by using such terms as "renewal",
13"invoice", "bill", "statement", or "reminder", to create an
14impression of existing obligation when there is none, or other
15language to mislead any person in relation to any sought after
16commercial transaction.
17 (b) The term "merchandise" includes any objects, wares,
18goods, commodities, intangibles, real estate situated outside
19the State of Illinois, or services.
20 (c) The term "person" includes any natural person or his
21legal representative, partnership, corporation (domestic and
22foreign), company, trust, business entity or association, and
23any agent, employee, salesman, partner, officer, director,

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1member, stockholder, associate, trustee or cestui que trust
2thereof.
3 (d) The term "sale" includes any sale, offer for sale, or
4attempt to sell any merchandise for cash or on credit.
5 (e) The term "consumer" means any person who purchases or
6contracts for the purchase of merchandise not for resale in the
7ordinary course of his trade or business but for his use or
8that of a member of his household.
9 (f) The terms "trade" and "commerce" mean the advertising,
10offering for sale, sale, or distribution of any services and
11any property, tangible or intangible, real, personal or mixed,
12and any other article, commodity, or thing of value wherever
13situated, and shall include any trade or commerce directly or
14indirectly affecting the people of this State.
15 (g) The term "pyramid sales scheme" includes any plan or
16operation whereby a person in exchange for money or other thing
17of value acquires the opportunity to receive a benefit or thing
18of value, which is primarily based upon the inducement of
19additional persons, by himself or others, regardless of number,
20to participate in the same plan or operation and is not
21primarily contingent on the volume or quantity of goods,
22services, or other property sold or distributed or to be sold
23or distributed to persons for purposes of resale to consumers.
24For purposes of this subsection, "money or other thing of
25value" shall not include payments made for sales demonstration
26equipment and materials furnished on a nonprofit basis for use

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1in making sales and not for resale.
2(Source: P.A. 95-331, eff. 8-21-07.)
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