Bill Text: IL SB3102 | 2017-2018 | 100th General Assembly | Engrossed


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 stored-value card that charges dormancy fees or other post-issuance fees. Defines terms.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Engrossed) 2018-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB3102 Detail]

Download: Illinois-2017-SB3102-Engrossed.html



SB3102 EngrossedLRB100 18714 JLS 33947 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 2LLL as follows:
6 (815 ILCS 505/2LLL)
7 Sec. 2LLL. Retail rebates.
8 (a) In this Section, "rebate card" means a card, code, or
9other device that is issued both (i) to a consumer in
10connection with the consumer's purchase of a product or service
11and the consumer's completion of the rebate submission process
12as part of a rebate program operated or administered by a
13merchant or product manufacturer and (ii) on a prepaid basis
14primarily for personal, family, or household purposes to a
15consumer in a specified amount, whether or not that amount may
16be increased or reloaded, and is redeemable upon presentation
17at multiple unaffiliated merchants for goods or services or
18usable at automated teller machines. "Rebate card" does not
19include (i) a payroll card as defined in the Illinois Wage
20Payment and Collection Act, (ii) a gift card as defined in the
21Revised Uniform Unclaimed Property Act, (iii) a stored-value
22card, as defined in the Revised Uniform Unclaimed Property Act,
23that is not issued to a consumer in connection with (1) the

SB3102 Engrossed- 2 -LRB100 18714 JLS 33947 b
1consumer's purchase of a product or service and (2) the
2consumer's completion of the rebate submission process as part
3of a rebate program operated or administered by a merchant or
4product manufacturer, or (iv) in-store credit for returned
5merchandise redeemable for merchandise, goods, or services
6upon presentation at a single merchant or an affiliated group
7of merchants.
8 (b) Any person who offers a rebate to consumers at retail
9on any merchandise must conspicuously display and clearly
10disclose to the consumer the type of rebate being offered,
11whether additional fees may apply on the rebate offered, and
12the form of remittance that will be provided to the consumer.
13 (c) It is an unlawful practice within the meaning of this
14Act for any person to offer to consumers at retail a rebate
15when the rebate is made on a rebate card that charges dormancy
16fees or other post-issuance fees, except fees for card
17replacement.
18 (d) Any person who violates this Section commits an
19unlawful practice within the meaning of this Act.
20(Source: P.A. 97-308, eff. 1-1-12.)
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