95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2154

 

Introduced 2/14/2008, by Sen. Donne E. Trotter

 

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 applies 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 actions filed on or after July 1, 2008. Effective immediately.


LRB095 17484 WGH 43558 b

 

 

A BILL FOR

 

SB2154 LRB095 17484 WGH 43558 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 WITH the changes made by P.A. 89-7, which
8 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

 

 

SB2154 - 2 - LRB095 17484 WGH 43558 b

1 prepare the advertisement, or did not have a direct financial
2 interest in the sale or distribution of the advertised product
3 or service.
4     (4) The communication of any false, misleading or deceptive
5 information, provided by the seller of real estate located in
6 Illinois, by a real estate salesman or broker licensed under
7 "The Real Estate Brokers License Act", unless the salesman or
8 broker knows of the false, misleading or deceptive character of
9 such information. This provision shall be effective as to any
10 communication, whenever occurring.
11     (5) Claims seeking damages for conduct that results in
12 bodily injury, death, or damage to property other than the
13 property that is the subject of the practice claimed to be
14 unlawful.
15     This item (5) applies to actions filed on or after July 1,
16 2008.
17     (5) Claims seeking damages for conduct that results in
18 bodily injury, death, or damage to property other than the
19 property that is the subject of the practice claimed to be
20 unlawful.
21     This item (5) applies to causes of action filed on or after
22 its effective date.
23     (6) The communication of any false, misleading, or
24 deceptive information by an insurance producer, registered
25 firm, or limited insurance representative, as those terms are
26 defined in the Illinois Insurance Code, or by an insurance

 

 

SB2154 - 3 - LRB095 17484 WGH 43558 b

1 agency or brokerage house concerning the sale, placement,
2 procurement, renewal, binding, cancellation of, or terms of any
3 type of insurance or any policy of insurance unless the
4 insurance producer has actual knowledge of the false,
5 misleading, or deceptive character of the information. This
6 provision shall be effective as to any communications, whenever
7 occurring. This item (6) applies to all causes of action that
8 accrue on or after the effective date of this amendatory Act of
9 1995.
10 (Source: P.A. 89-7, eff. 3-9-95; 89-152, eff. 1-1-96.)
 
11     Section 99. Effective date. This Act takes effect upon
12 becoming law.