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.)