Bill Status of HB 296   95th General Assembly


Short Description:  RETAIL CONSUMER PROTECTION ACT

House Sponsors
Rep. Jack D. Franks

Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act
225 ILCS 470/19from Ch. 147, par. 119

Synopsis As Introduced
Creates the Retail Consumer Protection Act. Provides that all businesses engaged in retail commerce shall have a designated employee who has the responsibility for ensuring the accuracy of all posted and advertised prices. Provides that the person designated for ensuring the accuracy of all posted and advertised prices shall keep a written record of any customer complaints received concerning any overcharging or other acts of consumer fraud, unfair methods of competition, and deceptive business practices. Requires the record to be kept for no less than 2 years and made available to investigators of the Department of Agriculture Bureau of Weights and Measures upon request. Provides that any person engaged in retail commerce that is alerted by a customer of any overcharging shall immediately report the overcharge to the person designated for ensuring the accuracy of posted and advertised prices, who shall investigate the alleged error. Provides that, if the customer was charged more than the advertised or posted price, and the value of the item in question was less than $3, the customer shall be given the item for free. Provides that, if the value of the item in question was $3 or more, the customer shall be sold the item at the correct price and $3 shall be deducted from the price charged. Requires the designated person to ensure that the correct price is posted and programmed into all payment systems within 30 minutes of receiving a customer complaint. Establishes penalties. Provides that the Director shall provide an annual written report to the Attorney General and the Governor describing the activities undertaken by himself or herself and any city sealers of weights and measures to implement the Act, and any substitute local ordinances. Amends the Weights and Measures Act to grant city sealers the powers established in the Retail Consumer Protection Act.

House Amendment No. 1
Changes the definition of "retail commerce" to only include retail sales of a commodity in a facility with more than 10,000 square feet.

House Amendment No. 2
Replaces everything after the enacting clause. Reinserts the bill, as amended, with the following changes. Provides that all businesses engaged in retail commerce shall have at least one designated employee (instead of a designated employee) who has the responsibility for ensuring the accuracy of all posted and advertised prices and for resolving any customer complaints related to the accuracy of prices. Requires the person designated to ensure the accuracy of all posted and advertised prices to maintain records of overcharging and to make those records available to investigators of the Department of Agriculture Bureau of Weights and Measures upon request. Removes the time period for keeping the records. Provides that the person designated to ensure the accuracy of all posted and advertised prices shall ensure that the correct price is posted and programmed into all payment systems within a reasonable time (instead of within 30 minutes of receiving a customer complaint). Reduces the penalty for overcharging to up to $500 per violation for the 6th and each subsequent violation within a 12-month period (instead of $5,000 per violation). Makes other changes.

Actions 
DateChamber Action
  1/16/2007HouseFiled with the Clerk by Rep. Jack D. Franks
  1/19/2007HouseFirst Reading
  1/19/2007HouseReferred to Rules Committee
  1/31/2007HouseAssigned to Consumer Protection Committee
  2/28/2007HouseHouse Amendment No. 1 Filed with Clerk by Consumer Protection Committee
  2/28/2007HouseHouse Amendment No. 1 Adopted in Consumer Protection Committee; by Voice Vote
  2/28/2007HouseRemains in Consumer Protection Committee
  3/13/2007HouseHouse Amendment No. 2 Filed with Clerk by Consumer Protection Committee
  3/13/2007HouseHouse Amendment No. 2 Adopted in Consumer Protection Committee; by Voice Vote
  3/13/2007HouseMotion Do Pass - Lost Consumer Protection Committee; 004-004-002
  3/13/2007HouseRemains in Consumer Protection Committee
  3/23/2007HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die

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