(215 ILCS 152/35)
Sec. 35. Cancellation and refunds. (a) No service contract may be issued, sold, or offered for sale in this State
unless the service
contract clearly states that the service contract holder is allowed to cancel
the service
contract. If the service contract holder elects cancellation, the service
contract provider may
retain a cancellation fee not to exceed the lesser of 10% of the service
contract price or
$50. The service contract cancellation provision must provide that the service
contract may be cancelled:
(1) within 30 days after its purchase if no service has been provided and that a full |
| refund of the service contract consideration, less any cancellation fee stated in the service contract will be paid to the service contract holder; or
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(2) at any other time and a pro rata refund of the service contract consideration for
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| the unexpired term of the service contract, based on the number of elapsed months, miles, hours, or such other reasonably applicable measure which is clearly disclosed in the service contract, less the value of any service received, and any cancellation fee stated in the service contract will be paid to the service contract holder.
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(b) In the event of the cancellation of a service contract that includes the coverage described in paragraph (6) of the definition of "service contract" in Section 5 of this Act, the service contract provider is not required to, but may, refund the purchase price of the vehicle protection product. The coverage described in paragraph (6) of the definition of "service contract" in Section 5 of this Act may not be offered as or within a service contract unless the service contract clearly states whether the service contract holder is entitled to a refund of the purchase price of the vehicle protection product and, if applicable, the terms of such refund.
(Source: P.A. 100-272, eff. 1-1-18.)
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