94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1786


 
Introduced 2/25/2005, by Sen. Dave Sullivan
 
SYNOPSIS AS INTRODUCED:
 		














815 ILCS 505/10b
  from Ch. 121 1/2, par. 270b







    Amends the Consumer Fraud and Deceptive Business Practices Act.  Provides that the Act does not apply to claims seeking damages for conduct that results in bodily injury, death, or damage to property other than the property that is the subject of the practice claimed to be unlawful. Applies to causes of action pending or filed on or after July 1, 2005. Effective July 1, 2005.    
















LRB094 11325 RXD 42152 b

















 


 


A BILL FOR









 











SB1786

LRB094 11325 RXD 42152 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 10b as follows:
 



6
    (815 ILCS 505/10b)  (from Ch. 121 1/2, par. 270b)



7
    (Text of Section WITHOUT the changes made by P.A. 89-7, 
8
which has been held
unconstitutional)

9
    Sec. 10b. Nothing in this Act shall apply to any of the 
10
following: 

11
    (1) Actions or transactions specifically authorized by 
12
laws administered
by any regulatory body or officer acting 
13
under statutory authority of this
State or the United States.

14
    (2) The provisions of "An act to protect trademark owners, 
15
distributors,
and the public against injurious and uneconomic 
16
practices in the
distribution of articles of standard quality 
17
under a trademark, brand or
name," approved July 8, 1935, as 
18
amended.

19
    (3) Acts done by the publisher, owner, agent, or employee 
20
of a
newspaper, periodical or radio or television station in 
21
the publication or
dissemination of an advertisement, when the 
22
owner, agent or employee did
not have knowledge of the false, 
23
misleading or deceptive character of the
advertisement, did not 
24
prepare the advertisement, or did not have a direct
financial 
25
interest in the sale or distribution of the advertised product 
26
or
service.

27
    (4) The communication of any false, misleading or deceptive 
28
information,
provided by the seller of real estate located in 
29
Illinois, by a real estate
salesman or broker licensed under 
30
"The Real Estate Brokers License Act",
unless the salesman or 
31
broker knows of the false, misleading or deceptive
character of 
32
such information.  This provision shall be effective as to any

 


 






SB1786
- 2 -
LRB094 11325 RXD 42152 b




1
communication, whenever occurring.

2
    (5) Claims seeking damages for conduct that results in 
3
bodily injury, death, or damage to property other than the 
4
property that is the subject of the practice claimed to be 
5
unlawful.
This item (5)

6
    This item (5) applies to causes of action pending or filed 
7
on or after July 1, 2005.

8
    (6) The communication of any false, misleading, or 
9
deceptive information by
an insurance producer, registered 
10
firm, or limited insurance representative,
as those terms are 
11
defined in the Illinois Insurance Code, or by an insurance

12
agency or brokerage house concerning the sale, placement, 
13
procurement, renewal,
binding, cancellation of, or terms of any 
14
type of insurance or any policy of
insurance unless the 
15
insurance producer has actual knowledge of
the false, 
16
misleading, or deceptive character of the information.  This

17
provision shall be effective as to any communications, whenever 
18
occurring.
This item (6) applies to all causes of action that 
19
accrue on or after the
effective date of this amendatory Act of 
20
1995.

21
(Source: P.A. 84-894; 89-152, eff. 1-1-96; revised 1-22-98.)


 
22
    Section 99. Effective date. This Act takes effect July 1, 
23
2005.