093_HB0891eng

 
HB0891 Engrossed                     LRB093 05373 MBS 05463 b

 1        AN ACT concerning consumer protection.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Consumer  Fraud and Deceptive Business
 5    Practices Act is amended by changing Section 1 as follows:

 6        (815 ILCS 505/1) (from Ch. 121 1/2, par. 261)
 7        Sec. 1.  Definitions.
 8        (a)  The term "Advertisement"  includes  the  attempt  by
 9    publication,  dissemination,  solicitation  or circulation to
10    induce directly or indirectly any person to  enter  into  any
11    obligation   or   acquire   any  title  or  interest  in  any
12    merchandise and includes every work device  to  disguise  any
13    form   of  business  solicitation  by  using  such  terms  as
14    "renewal", "invoice", "bill", "statement", or "reminder",  to
15    create  an  impression  of  existing obligation when there is
16    none, or other language to mislead any person in relation  to
17    any sought after commercial transaction.;
18        (b)  The  term "Merchandise" includes any objects, wares,
19    goods, commodities, intangibles, real estate situated outside
20    the State of Illinois, or services.;
21        (c)  The term "Person" includes any natural person or his
22    legal representative, partnership, corporation (domestic  and
23    foreign), company, trust, business entity or association, and
24    any  agent,  employee,  salesman, partner, officer, director,
25    member, stockholder, associate, trustee or cestui  que  trust
26    thereof.;
27        (d)  The  term  "Sale" includes any sale, offer for sale,
28    or attempt to sell any merchandise for cash or on credit.
29        (e)  The term "Consumer" means any person  who  purchases
30    or  contracts  for the purchase of merchandise not for resale
31    in the ordinary course of his trade or business but  for  his
 
HB0891 Engrossed            -2-      LRB093 05373 MBS 05463 b
 1    use or that of a member of his household.
 2        (f)  The   terms   "Trade"   and   "commerce"   mean  the
 3    advertising, offering for sale, sale, or distribution of  any
 4    services  and  any  property,  tangible  or intangible, real,
 5    personal or mixed, and any other article, commodity, or thing
 6    of value wherever situated, and shall include  any  trade  or
 7    commerce  directly or indirectly affecting the people of this
 8    State.
 9        (g)  The term "Pyramid sales scheme" includes any plan or
10    operation whereby a person in exchange  for  money  or  other
11    thing  of value acquires the opportunity to receive a benefit
12    or  thing  of  value,  which  is  primarily  based  upon  the
13    inducement of  additional  persons,  by  himself  or  others,
14    regardless  of  number,  to  participate  in the same plan or
15    operation and is not primarily contingent on  the  volume  or
16    quantity  of  goods,  services,  or  other  property  sold or
17    distributed or to be  sold  or  distributed  to  persons  for
18    purposes  of  resale  to  consumers.   For  purposes  of this
19    subsection, "money or other thing of value"  does  shall  not
20    include  payments  made for sales demonstration equipment and
21    materials furnished on a nonprofit basis for  use  in  making
22    sales and not for resale.
23    (Source: P.A. 83-808.)