HB2874 100TH GENERAL ASSEMBLY

LRB100 08292 JLS 18394 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2874

Introduced , by Rep. Ann M. Williams

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2

from Ch. 121 1/2, par. 262

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the over-collection of a tax by a person is not considered fraud, reckless disregard, or any other unlawful practice to the extent the over-collected tax is remitted to a government entity or agency. Effective immediately.

A BILL FOR

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 2 as follows:

(815 ILCS 505/2) (from Ch. 121 1/2, par. 262)

Sec. 2. Unfair methods of competition and unfair or deceptive acts or practices, including but not limited to the use or employment of any deception fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact, with intent that others rely upon the concealment, suppression or omission of such material fact, or the use or employment of any practice described in Section 2 of the "Uniform Deceptive Trade Practices Act", approved August 5, 1965, in the conduct of any trade or commerce are hereby declared unlawful whether any person has in fact been misled, deceived or damaged thereby. In construing this section consideration shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5 (a) of the Federal Trade Commission Act. However, it shall not be considered fraud, reckless disregard, or any other unlawful practice under this Section when a person over-collects a tax, to the extent the over-collected tax is remitted to a government entity or agency. For purposes of this Section, a tax is remitted to a governmental entity or agency when it is paid or transferred to the government entity or agency or taken as a credit or allowance on a tax return or other tax form (including any commission or discount taken or allowed by the tax collector or taxpayer).

(Source: P.A. 78-904.)

Section 99. Effective date. This Act takes effect upon becoming law.