103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2620

 

Introduced 10/24/2023, by Sen. Rachel Ventura

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/2PP

    Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that provisions restricting the mailing of postcards or letters under specified circumstances apply to companies not connected to the company from which the recipient has purchased or obtained goods, services, or other merchandise. Provides that postcards or letters sent in compliance with the consumer protections of the Truth in Lending Act or the Truth in Savings Act are deemed to be in compliance with this Section. Makes conforming changes. Effective January 1, 2024.


LRB103 34670 SPS 64513 b

 

 

A BILL FOR

 

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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 2PP as follows:
 
6    (815 ILCS 505/2PP)
7    (Text of Section before amendment by P.A. 103-87)
8    Sec. 2PP. Mail; disclosure. It is an unlawful practice
9under this Act to knowingly mail or send or cause to be mailed
10or sent a postcard or letter to a recipient in this State if:
11        (1) the postcard or letter contains a request that the
12    recipient call a telephone number; and
13        (2) the postcard or letter is mailed or sent to induce
14    the recipient to call the telephone number so that goods,
15    services, or other merchandise, as defined in Section 1,
16    may be offered for sale to the recipient; and
17        (3) the postcard or letter does not disclose that
18    goods, services, or other merchandise, as defined in
19    Section 1, may be offered for sale if the recipient calls
20    the telephone number.
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    (Text of Section after amendment by P.A. 103-87)

 

 

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1    Sec. 2PP. Mail; disclosure.
2    (a) It is an unlawful practice under this Act for a company
3not connected to the company from which the recipient has
4purchased or obtained goods, services, or other merchandise,
5as defined in Section 1, to knowingly mail or send or cause to
6be mailed or sent a postcard or letter to a recipient in this
7State if:
8        (1) the postcard or letter contains a request that the
9    recipient contact the sender by mail, telephone, email,
10    website, or other prescribed means and the primary purpose
11    of the postcard or letter is the commercial advertisement
12    or promotion of goods, services, or other merchandise, as
13    defined in Section 1; and
14        (2) the postcard or letter is mailed or sent to induce
15    the recipient to contact the sender by mail, telephone,
16    email, website, or other prescribed means so that goods,
17    services, or other merchandise, as defined in Section 1,
18    may be offered for sale to the recipient; and
19        (3) the postcard or letter does not disclose or
20    disclaim that it is not a bill and that it is a
21    solicitation for goods, services, or other merchandise, as
22    defined in Section 1, that may be offered for sale if the
23    recipient contacts the sender by mail, telephone, email,
24    website, or any other prescribed means; and
25        (4) the postcard or letter does not disclose or
26    disclaim the sender's full legal name and any assumed or

 

 

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1    fictitious names used by the sender any and all
2    affiliations or lack thereof.
3    (b) All disclosures and disclaimers required by this
4Section appearing on a postcard or letter must be
5conspicuously located at the top of the postcard or letter, be
6easily readable in clear and unambiguous language, and be
7printed in at least 14-point bold-face font in a
8black-outlined box. Postcards or letters sent in compliance
9with the consumer protections of the Truth in Lending Act, 15
10U.S.C. 1601 et seq., or the Truth in Savings Act, 12 U.S.C.
114301 et seq., are deemed to be in compliance with this Section.
12(Source: P.A. 103-87, eff. 1-1-24.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.
 
20    Section 99. Effective date. This Act takes effect January
211, 2024.