Bill Text: IL HB4689 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the term "gift certificate" includes a credit slip issued by a store to a consumer who returns goods that enables the consumer to receive other goods of similar value in exchange for the returned goods. Effective January 1, 2013.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-08-13 - Public Act . . . . . . . . . 97-0954 [HB4689 Detail]
Download: Illinois-2011-HB4689-Chaptered.html
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| Public Act 097-0954 | ||||
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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 2SS as follows:
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(815 ILCS 505/2SS)
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Sec. 2SS. Gift certificates. | ||||
(a) "Gift certificate" means a record evidencing a promise, | ||||
made for consideration, by the seller or issuer of the record | ||||
that goods or services will be provided to the holder of the | ||||
record for the value shown in the record and includes, but is | ||||
not limited to, a record that contains a microprocessor chip, | ||||
magnetic stripe or other means for the storage of information | ||||
that is prefunded and for which the value is decremented upon | ||||
each use, a gift card, an electronic gift card, stored-value | ||||
card or certificate, a store card or a similar record or card. | ||||
"Gift certificate" also includes a credit slip issued by a | ||||
store to a consumer who returns goods that enables the consumer | ||||
to receive other goods of similar value in exchange for the | ||||
returned goods. For purposes of this Act, the term "gift | ||||
certificate" does not include any of the following: | ||||
(i) prepaid telecommunications and technology cards | ||||
including, but not limited
to, prepaid telephone calling | ||||
cards, prepaid technical support cards, and prepaid | ||
Internet disks that are distributed to or purchased by a | ||
consumer; | ||
(ii) prepaid telecommunications and technology cards | ||
including, but not
limited to, prepaid telephone calling | ||
cards, prepaid technical support cards, and prepaid | ||
Internet disks that are provided to a consumer pursuant to | ||
any award, loyalty, or promotion program without any money | ||
or other thing of value being given in exchange for the | ||
card; or | ||
(iii) any gift certificate usable with multiple | ||
sellers of goods or services. | ||
(b) On or after January 1, 2008, no person shall sell a | ||
gift certificate that is subject to: (1) an expiration date | ||
earlier than 5 years after the date of issuance; or (2) a | ||
post-purchase fee.
Any gift certificate issued prior to January | ||
1, 2008 that is subject to a fee must contain a statement | ||
clearly and conspicuously printed on the gift certificate | ||
stating whether there is a fee, the amount of the fee, how | ||
often the fee will occur, that the fee is triggered by | ||
inactivity of the gift certificate, and at what point the fee | ||
will be charged. The statement may appear on the front or back | ||
of the gift certificate in a location where it is visible to | ||
any purchaser prior to the purchase. | ||
(c) The face value of a gift certificate issued on or after | ||
January 1, 2008 may not be reduced in value and the holder of a | ||
gift certificate issued after January 1, 2008 may not be | ||
penalized in any way for non-use or untimely redemption of the | ||
gift certificate.
Any gift certificate issued prior to January | ||
1, 2008 that is subject to an expiration date must contain a | ||
statement clearly and conspicuously printed on the gift | ||
certificate stating the expiration date. The statement may | ||
appear on the front or back of the gift certificate in a | ||
location where it is visible to any purchaser prior to the | ||
purchase. | ||
(d)
Subsection (c) does not apply to any gift certificate | ||
issued prior to January 1, 2008 that contains a toll free phone | ||
number and a statement clearly and conspicuously printed on the | ||
gift certificate stating that holders can call the toll free | ||
number to find out the balance on the gift certificate, if | ||
applicable, and the expiration date. The toll free number and | ||
statement may appear on the front or back of the gift | ||
certificate in a location where it is visible to any purchaser | ||
prior to the purchase. | ||
(e) This Section does not apply to any of the following | ||
gift certificates: | ||
(i) Gift certificates that are distributed by the | ||
issuer to a consumer pursuant to an
awards, loyalty, or | ||
promotional program without any money or thing of value | ||
being given in direct exchange or solely for the gift | ||
certificate by the consumer. | ||
(ii) Gift certificates that are sold below face value | ||
at a volume discount to employers or to nonprofit and | ||
charitable organizations for fundraising purposes if the | ||
expiration date on those gift certificates is not more than | ||
30 days after the date of sale. | ||
(iii) Gift certificates that are issued for a food | ||
product.
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(Source: P.A. 95-331, eff. 8-21-07; 95-525, eff. 1-1-08.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2013.
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