94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0578


 
Introduced 2/18/2005, by Sen. John J. Cullerton
 
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
technical change in a Section concerning definitions.
















LRB094 10913 RXD 41475 b

















 


 


A BILL FOR









 











SB0578

LRB094 10913 RXD 41475 b






1
    AN ACT concerning business.

 
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. (a) The
The term "advertisement" includes the 
8
attempt by publication,
dissemination, solicitation or 
9
circulation to induce directly or indirectly
any person to 
10
enter into any obligation or acquire any title or interest in

11
any merchandise and includes every work device to disguise any 
12
form of
business solicitation by using such terms as "renewal", 
13
"invoice", "bill",
"statement", or "reminder", to create an 
14
impression of existing obligation
when there is none, or other 
15
language to mislead any person in relation to
any sought after 
16
commercial transaction;
17
    (b) The term "merchandise" includes any objects, wares, 
18
goods,
commodities, intangibles, real estate situated outside 
19
the State of
Illinois, or services;

20
    (c) The term "person" includes any natural person or his 
21
legal
representative, partnership, corporation (domestic and 
22
foreign), company,
trust, business entity or association, and 
23
any agent, employee, salesman,
partner, officer, director, 
24
member, stockholder, associate, trustee or
cestui que trust 
25
thereof;

26
    (d) The term "sale" includes any sale, offer for sale, or 
27
attempt to
sell any merchandise for cash or on credit.

28
    (e) The term "consumer" means any person who purchases or 
29
contracts for
the purchase of merchandise not for resale in the 
30
ordinary course of his
trade or business but for his use or 
31
that of a member of his household.

32
    (f) The terms "trade" and "commerce" mean the advertising, 
 


 






SB0578
- 2 -
LRB094 10913 RXD 41475 b




1
offering for
sale, sale, or distribution of any services and 
2
any property, tangible or
intangible, real, personal or mixed, 
3
and any other article, commodity, or
thing of value wherever 
4
situated, and shall include any trade or commerce
directly or 
5
indirectly affecting the people of this State.

6
    (g) The term "pyramid sales scheme" includes any plan or 
7
operation whereby
a person in exchange for money or other thing 
8
of value acquires the opportunity
to receive a benefit or thing 
9
of value, which is primarily based upon the
inducement of 
10
additional persons, by himself or others, regardless of number,

11
to participate in the same plan or operation
and is not 
12
primarily contingent on the volume or quantity of goods, 
13
services,
or other property sold or distributed or to be sold 
14
or distributed to persons
for purposes of resale to consumers.  
15
For purposes of this subsection, "money
or other thing of 
16
value"
shall not include payments made for sales demonstration 
17
equipment and materials
furnished on a nonprofit basis for use 
18
in making sales and not
for resale.

19
(Source: P.A. 83-808.)