Bill Text: IL SB3494 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Makes a technical change in a Section concerning definitions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3494 Detail]

Download: Illinois-2017-SB3494-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3494 Introduced 2/16/2018, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
815 ILCS 505/1 from Ch. 121 1/2, par. 261
Amends the Consumer Fraud and Deceptive Business Practices Act. Makes a technical change in a Section concerning definitions.
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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 Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 1 as follows:
(815 ILCS 505/1) (from Ch. 121 1/2, par. 261)
Sec. 1. (a) The The term "advertisement" includes the
attempt by publication, dissemination, solicitation or
circulation to induce directly or indirectly any person to
enter into any obligation or acquire any title or interest in
any merchandise and includes every work device to disguise any
form of business solicitation by using such terms as "renewal",
"invoice", "bill", "statement", or "reminder", to create an
impression of existing obligation when there is none, or other
language to mislead any person in relation to any sought after
commercial transaction.
(b) The term "merchandise" includes any objects, wares,
goods, commodities, intangibles, real estate situated outside
the State of Illinois, or services.
(c) The term "person" includes any natural person or his
legal representative, partnership, corporation (domestic and
foreign), company, trust, business entity or association, and
any agent, employee, salesman, partner, officer, director,

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member, stockholder, associate, trustee or cestui que trust
thereof.
(d) The term "sale" includes any sale, offer for sale, or
attempt to sell any merchandise for cash or on credit.
(e) The term "consumer" means any person who purchases or
contracts for the purchase of merchandise not for resale in the
ordinary course of his trade or business but for his use or
that of a member of his household.
(f) The terms "trade" and "commerce" mean the advertising,
offering for sale, sale, or distribution of any services and
any property, tangible or intangible, real, personal or mixed,
and any other article, commodity, or thing of value wherever
situated, and shall include any trade or commerce directly or
indirectly affecting the people of this State.
(g) The term "pyramid sales scheme" includes any plan or
operation whereby a person in exchange for money or other thing
of value acquires the opportunity to receive a benefit or thing
of value, which is primarily based upon the inducement of
additional persons, by himself or others, regardless of number,
to participate in the same plan or operation and is not
primarily contingent on the volume or quantity of goods,
services, or other property sold or distributed or to be sold
or distributed to persons for purposes of resale to consumers.
For purposes of this subsection, "money or other thing of
value" shall not include payments made for sales demonstration
equipment and materials furnished on a nonprofit basis for use

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in making sales and not for resale.
(Source: P.A. 95-331, eff. 8-21-07.)