93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4985


 
Introduced 02/05/04, by Harry Osterman
 
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
stylistic change in a Section concerning definitions.
















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A BILL FOR









 











HB4985

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    AN ACT concerning business transactions.

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


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


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

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    Sec. 1. Definitions.


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     (a) The term "advertisement" includes the attempt
by 
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publication,
dissemination, solicitation or circulation to 
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induce directly or indirectly
any person to enter into any 
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obligation or acquire any title or interest in
any merchandise 
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and includes every work device to disguise any form of
business 
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solicitation by using such terms as "renewal", "invoice", 
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"bill",
"statement", or "reminder", to create an impression of 
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existing obligation
when there is none, or other language to 
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mislead any person in relation to
any sought after commercial 
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transaction;


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    (b) The term "merchandise" includes any objects, wares, 
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goods,
commodities, intangibles, real estate situated outside 
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the State of
Illinois, or services;


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    (c) The term "person" includes any natural person or his 
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legal
representative, partnership, corporation (domestic and 
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foreign), company,
trust, business entity or association, and 
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any agent, employee, salesman,
partner, officer, director, 
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member, stockholder, associate, trustee or
cestui que trust 
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thereof;


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


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


 


 






HB4985
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    (f) The terms "trade" and "commerce" mean the advertising, 
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offering for
sale, sale, or distribution of any services and 
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any property, tangible or
intangible, real, personal or mixed, 
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and any other article, commodity, or
thing of value wherever 
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situated, and shall include any trade or commerce
directly or 
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indirectly affecting the people of this State.


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    (g) The term "pyramid sales scheme" includes any plan or 
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operation whereby
a person in exchange for money or other thing 
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of value acquires the opportunity
to receive a benefit or thing 
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of value, which is primarily based upon the
inducement of 
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additional persons, by himself or others, regardless of number,

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to participate in the same plan or operation
and is not 
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primarily contingent on the volume or quantity of goods, 
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services,
or other property sold or distributed or to be sold 
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or distributed to persons
for purposes of resale to consumers.  
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For purposes of this subsection, "money
or other thing of 
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value"
shall not include payments made for sales demonstration 
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equipment and materials
furnished on a nonprofit basis for use 
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in making sales and not
for resale.


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(Source: P.A. 83-808.)