97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1021
 
Introduced 01/31/11, by Rep. Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 



815 ILCS 145/2  from Ch. 17, par. 6102

    Amends the Credit Card Liability Act.  Makes a technical change in a Section
concerning unsolicited credit cards.



LRB097 03841 AEK 43879 b

 
 
A BILL FOR
 


HB1021LRB097 03841 AEK 43879 b



1    AN ACT concerning business.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Credit Card Liability Act is amended by 
5changing Section 2 as follows:
 



6    (815 ILCS 145/2)  (from Ch. 17, par. 6102)



7    Sec. 2. 
(a) Notwithstanding that
that a person in whose 
8name a credit card has
been issued has requested or applied for 
9such card or has indicated his
acceptance of an unsolicited 
10credit card, as provided in Section 1
hereof, such person shall 
11not be liable to the issuer unless the card
issuer has given 
12notice to such person of his potential liability, on
the card 
13or within two years preceding such use, and has provided such

14person with an addressed notification requiring no postage to 
15be paid by
such person which may be mailed in the event of the 
16loss, theft, or
possible unauthorized use of the credit card, 
17and such person shall not
be liable for any amount in excess of 
18the applicable amount hereinafter
set forth, resulting from 
19unauthorized use of that card prior to
notification to the card 
20issuer of the loss, theft, or possible
unauthorized use of that 
21card:
22    Card without a signature panel.....................$25.00

23    Card with a signature panel........................$50.00

 
 
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1    After the holder of the credit card gives notice to the 
2issuer that a
credit card is lost or stolen he is not liable 
3for any amount resulting
from unauthorized use of the card.

4    (b) When an action is brought by an issuer against the 
5person named
on a card, issuance of which has been requested, 
6applied for, solicited
or accepted and defendant puts in issue 
7any transaction arising from the
use of such card, the burden 
8of proving benefit, authorization, use or
permission by 
9defendant as to such transaction shall be upon plaintiff.
In 
10the event defendant prevails with respect to any transaction so 
11put
in issue, the court may enter as a credit against any 
12judgment for
plaintiff, or as a judgment for defendant, a 
13reasonable attorney's fee
for services in connection with the 
14transaction in respect of which the
defendant prevails.

15(Source: P.A. 77-1637.)