103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2171
 
Introduced 2/7/2023, by Rep. Jennifer Gong-Gershowitz
 
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.



LRB103 30112 SPS 56536 b

 
 
A BILL FOR
 


HB2171LRB103 30112 SPS 56536 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 1 as follows:
 



6    (815 ILCS 505/1)  (from Ch. 121 1/2, par. 261)



7    Sec. 1. (a) The
The term "advertisement" includes the 
8attempt by publication,
dissemination, solicitation or 
9circulation to induce directly or indirectly
any person to 
10enter into any obligation or acquire any title or interest in

11any merchandise and includes every work device to disguise any 
12form of
business solicitation by using such terms as 
13"renewal", "invoice", "bill",
"statement", or "reminder", to 
14create an impression of existing obligation
when there is 
15none, or other language to mislead any person in relation to

16any sought after commercial transaction.
17    (b) The term "merchandise" includes any objects, wares, 
18goods,
commodities, intangibles, real estate situated outside 
19the State of
Illinois, or services.

20    (c) The term "person" includes any natural person or his 
21legal
representative, partnership, corporation (domestic and 
22foreign), company,
trust, business entity or association, and 
23any agent, employee, salesman,
partner, officer, director, 
 
 
HB2171- 2 -LRB103 30112 SPS 56536 b

1member, stockholder, associate, trustee or
cestui que trust 
2thereof.

3    (d) The term "sale" includes any sale, offer for sale, or 
4attempt to
sell any merchandise for cash or on credit.

5    (e) The term "consumer" means any person who purchases or 
6contracts for
the purchase of merchandise not for resale in 
7the ordinary course of his
trade or business but for his use or 
8that of a member of his household.

9    (f) The terms "trade" and "commerce" mean the advertising, 
10offering for
sale, sale, or distribution of any services and 
11any property, tangible or
intangible, real, personal or mixed, 
12and any other article, commodity, or
thing of value wherever 
13situated, and shall include any trade or commerce
directly or 
14indirectly affecting the people of this State.

15    (g) The term "pyramid sales scheme" includes any plan or 
16operation whereby
a person in exchange for money or other 
17thing of value acquires the opportunity
to receive a benefit 
18or thing of value, which is primarily based upon the

19inducement of additional persons, by himself or others, 
20regardless of number,
to participate in the same plan or 
21operation
and is not primarily contingent on the volume or 
22quantity of goods, services,
or other property sold or 
23distributed or to be sold or distributed to persons
for 
24purposes of resale to consumers.  For purposes of this 
25subsection, "money
or other thing of value"
shall not include 
26payments made for sales demonstration equipment and materials

 
 
HB2171- 3 -LRB103 30112 SPS 56536 b

1furnished on a nonprofit basis for use in making sales and not

2for resale.

3(Source: P.A. 95-331, eff. 8-21-07.)