Bill Text: IL HB1021 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Credit Card Liability Act. Makes a technical change in a Section concerning unsolicited credit cards.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1021 Detail]

Download: Illinois-2011-HB1021-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1021 Introduced 1/31/2011, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
815 ILCS 145/2 from Ch. 17, par. 6102
Amends the Credit Card Liability Act. Makes a technical change in a Section concerning unsolicited credit cards.
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A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Credit Card Liability Act is amended by
changing Section 2 as follows:
(815 ILCS 145/2) (from Ch. 17, par. 6102)
Sec. 2. (a) Notwithstanding that that a person in whose
name a credit card has been issued has requested or applied for
such card or has indicated his acceptance of an unsolicited
credit card, as provided in Section 1 hereof, such person shall
not be liable to the issuer unless the card issuer has given
notice to such person of his potential liability, on the card
or within two years preceding such use, and has provided such
person with an addressed notification requiring no postage to
be paid by such person which may be mailed in the event of the
loss, theft, or possible unauthorized use of the credit card,
and such person shall not be liable for any amount in excess of
the applicable amount hereinafter set forth, resulting from
unauthorized use of that card prior to notification to the card
issuer of the loss, theft, or possible unauthorized use of that
card:
Card without a signature panel.....................$25.00
Card with a signature panel........................$50.00

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After the holder of the credit card gives notice to the
issuer that a credit card is lost or stolen he is not liable
for any amount resulting from unauthorized use of the card.
(b) When an action is brought by an issuer against the
person named on a card, issuance of which has been requested,
applied for, solicited or accepted and defendant puts in issue
any transaction arising from the use of such card, the burden
of proving benefit, authorization, use or permission by
defendant as to such transaction shall be upon plaintiff. In
the event defendant prevails with respect to any transaction so
put in issue, the court may enter as a credit against any
judgment for plaintiff, or as a judgment for defendant, a
reasonable attorney's fee for services in connection with the
transaction in respect of which the defendant prevails.
(Source: P.A. 77-1637.)