Bill Text: IL HB2156 | 2019-2020 | 101st General Assembly | Chaptered
Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to offer to consumers at retail a rebate made on a rebate card that charges dormancy fees or other post-issuance fees. Defines "rebate card".
Spectrum: Partisan Bill (Democrat 30-0)
Status: (Passed) 2019-08-26 - Public Act . . . . . . . . . 101-0462 [HB2156 Detail]
Download: Illinois-2019-HB2156-Chaptered.html
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Public Act 101-0462 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Consumer Fraud and Deceptive Business | ||||
Practices Act is amended by changing Section 2LLL as follows:
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(815 ILCS 505/2LLL) | ||||
Sec. 2LLL. Retail rebates. | ||||
(a) In this Section, "rebate card" means a card, code, or | ||||
other device that is issued both (i) to a consumer in | ||||
connection with the consumer's purchase of a product or service | ||||
and the consumer's completion of the rebate submission process | ||||
as part of a rebate program operated or administered by a | ||||
merchant or product manufacturer and (ii) on a prepaid basis | ||||
primarily for personal, family, or household purposes to a | ||||
consumer in a specified amount, whether or not that amount may | ||||
be increased or reloaded, and is redeemable upon presentation | ||||
at multiple unaffiliated merchants for goods or services or | ||||
usable at automated teller machines. "Rebate card" does not | ||||
include (i) a payroll card as defined in the Illinois Wage | ||||
Payment and Collection Act, (ii) a gift card as defined in the | ||||
Revised Uniform Unclaimed Property Act, (iii) a stored-value | ||||
card, as defined in the Revised Uniform Unclaimed Property Act, | ||||
that is not issued to a consumer in connection with (1) the |
consumer's purchase of a product or service and (2) the | ||
consumer's completion of the rebate submission process as part | ||
of a rebate program operated or administered by a merchant or | ||
product manufacturer, or (iv) in-store credit for returned | ||
merchandise redeemable for merchandise, goods, or services | ||
upon presentation at a single merchant or an affiliated group | ||
of merchants. | ||
(b) Any person who offers a rebate to consumers at retail | ||
on any merchandise must conspicuously display and clearly | ||
disclose to the consumer the type of rebate being offered, | ||
whether additional fees may apply on the rebate offered, and | ||
the form of remittance that will be provided to the consumer. | ||
(c) It is an unlawful practice within the meaning of this | ||
Act for any person to offer to consumers at retail a rebate | ||
when the rebate is made on a rebate card that charges dormancy | ||
fees or other post-issuance fees to the consumer, except fees | ||
for card replacement. | ||
(d) Any person who violates this Section commits an | ||
unlawful practice within the meaning of this Act.
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(Source: P.A. 97-308, eff. 1-1-12.)
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