Rep. Robin Kelly
Filed: 3/23/2004
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1 | AMENDMENT TO HOUSE BILL 4450
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2 | AMENDMENT NO. ______. Amend House Bill 4450, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Consumer Fraud and Deceptive Business | ||||||
6 | Practices Act is amended by changing Section 2Z as follows:
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7 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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8 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
9 | violates
the Automotive Repair Act,
the Home Repair and | ||||||
10 | Remodeling Act,
the Dance Studio Act,
the Physical Fitness | ||||||
11 | Services Act,
the Hearing Instrument Consumer Protection Act,
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12 | the Illinois Union Label Act,
the Job Referral and Job Listing | ||||||
13 | Services Consumer Protection Act,
the Travel Promotion | ||||||
14 | Consumer Protection Act,
the Credit Services Organizations | ||||||
15 | Act,
the Automatic Telephone Dialers Act,
the Pay-Per-Call | ||||||
16 | Services Consumer Protection Act,
the Telephone Solicitations | ||||||
17 | Act,
the Illinois Funeral or Burial Funds Act,
the Cemetery | ||||||
18 | Care Act,
the Safe and Hygienic Bed Act,
the Pre-Need Cemetery | ||||||
19 | Sales Act,
the High Risk Home Loan Act, subsection (a) or (b) | ||||||
20 | of Section 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) | ||||||
21 | of Section 3-10 of the Cigarette Use Tax Act, the Electronic
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22 | Mail Act, or paragraph (6)
of
subsection (k) of Section 6-305 | ||||||
23 | of the Illinois Vehicle Code , or the Automatic Contract Renewal | ||||||
24 | Act commits an unlawful practice within the meaning of this |
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1 | Act.
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2 | (Source: P.A. 92-426, eff. 1-1-02; 93-561, eff. 1-1-04.)
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3 | Section 10. The Automatic Contract Renewal Act is amended | ||||||
4 | by changing Sections 10, 15, and 20 as follows:
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5 | (815 ILCS 601/10)
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6 | Sec. 10. Automatic renewal; requirements. | ||||||
7 | (a) Any person, firm, partnership, association, or | ||||||
8 | corporation that sells or offers to sell any products or | ||||||
9 | services on a contract basis to a consumer for services and | ||||||
10 | goods intended for personal use and consumption that | ||||||
11 | automatically withdraws or charges a consumer's account for any | ||||||
12 | product or service for a specified term longer than 12 months | ||||||
13 | shall obtain the consumer's written authorization to continue | ||||||
14 | any automatic withdrawal or charge if the contract | ||||||
15 | automatically renews for a term equal to or longer than the | ||||||
16 | original term.
If a contract is subject
to automatic renewal, | ||||||
17 | the clause providing for automatic renewal must
appear in the | ||||||
18 | contract in a clear and conspicuous manner.
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19 | (b) This Section does not apply to banks, trust companies, | ||||||
20 | savings and loan associations, savings banks, or credit unions | ||||||
21 | licensed or organized under the laws of any state or of the | ||||||
22 | United States, any foreign bank maintaining a branch or agency | ||||||
23 | licensed or organized under the laws of any state or the United | ||||||
24 | States and licensed under the Consumer Installment Loan Act, or | ||||||
25 | any subsidiary or affiliate, and to any product or service | ||||||
26 | required to be offered by tariff subject to the jurisdiction of | ||||||
27 | the Illinois Commerce Commission.
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28 | (Source: P.A. 91-674, eff. 6-1-00.)
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29 | (815 ILCS 601/15)
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30 | Sec. 15. Violation. If a contract does not comply with this | ||||||
31 | Act, the
automatic renewal provisions are not enforceable by a |
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1 | party who prepared the
contract or directed its preparation. In | ||||||
2 | addition to any other penalties specified in this Act, a | ||||||
3 | violation of this Act constitutes an unlawful practice under | ||||||
4 | the Consumer Fraud and Deceptive Business Practices Act.
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5 | (Source: P.A. 91-674, eff. 6-1-00.)
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6 | (815 ILCS 601/20)
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7 | Sec. 20. Applicability. | ||||||
8 | (a) This Act does not apply to a contract
entered into | ||||||
9 | before the effective date of this Act.
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10 | (b) This amendatory Act of the 93rd General Assembly does | ||||||
11 | not apply to a contract entered into before the effective date | ||||||
12 | of this amendatory Act of the 93rd General Assembly.
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13 | (Source: P.A. 91-674, eff. 6-1-00.)".
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