Bill Text: IL SB1898 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a contract or a proposed contract for the sale or lease of consumer merchandise or services may not include a provision waiving the consumer's right to make any statement regarding the seller or lessor or the employees or agents of the seller or lessor or concerning the merchandise or services. Makes it an unlawful practice to threaten or to seek to enforce a provision made unlawful by the new provisions or to otherwise penalize a consumer for making a protected statement. Provides that a waiver of the new provisions is contrary to public policy and is void and unenforceable. Provides that the new provisions may not be construed to prohibit or limit a person or business that hosts online consumer reviews or comments from removing a statement that is otherwise lawful to remove.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0240 [SB1898 Detail]

Download: Illinois-2017-SB1898-Chaptered.html

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Public Act 100-0240
SB1898 Enrolled LRB100 06350 JLS 16388 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2TTT as follows:
(815 ILCS 505/2TTT new)
Sec. 2TTT. Non-disparagement clauses in consumer
contracts.
(a) A contract or a proposed contract for the sale or lease
of consumer merchandise or services may not include a provision
waiving the consumer's right to make any statement regarding
the seller or lessor or the employees or agents of the seller
or lessor or concerning the merchandise or services.
(b) It is an unlawful practice to threaten or to seek to
enforce a provision made unlawful under this Section or to
otherwise penalize a consumer for making any statement
protected under this Section.
(c) Any waiver of the provisions of this Section is
contrary to public policy and is void and unenforceable.
(d) This Section may not be construed to prohibit or limit
a person or business that hosts online consumer reviews or
comments from removing a statement that is otherwise lawful to
remove.