97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2318
 
Introduced 2/18/2011, by Rep. Tom Cross
 
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.



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A BILL FOR
 


HB2318LRB097 07568 AEK 47678 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 Consumer Fraud and Deceptive Business 
5Practices 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 
8attempt by publication,
dissemination, solicitation or 
9circulation to induce directly or indirectly
any person to 
10enter into any obligation or acquire any title or interest in

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

20    (c) The term "person" includes any natural person or his 
21legal
representative, partnership, corporation (domestic and 
22foreign), company,
trust, business entity or association, and 
23any agent, employee, salesman,
partner, officer, director, 
 
 
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1member, stockholder, associate, trustee or
cestui que trust 
2thereof.

3    (d) The term "sale" includes any sale, offer for sale, or 
4attempt to
sell any merchandise for cash or on credit.

5    (e) The term "consumer" means any person who purchases or 
6contracts for
the purchase of merchandise not for resale in the 
7ordinary course of his
trade or business but for his use or 
8that of a member of his household.

9    (f) The terms "trade" and "commerce" mean the advertising, 
10offering for
sale, sale, or distribution of any services and 
11any property, tangible or
intangible, real, personal or mixed, 
12and any other article, commodity, or
thing of value wherever 
13situated, and shall include any trade or commerce
directly or 
14indirectly affecting the people of this State.

15    (g) The term "pyramid sales scheme" includes any plan or 
16operation whereby
a person in exchange for money or other thing 
17of value acquires the opportunity
to receive a benefit or thing 
18of value, which is primarily based upon the
inducement of 
19additional persons, by himself or others, regardless of number,

20to participate in the same plan or operation
and is not 
21primarily contingent on the volume or quantity of goods, 
22services,
or other property sold or distributed or to be sold 
23or distributed to persons
for purposes of resale to consumers.  
24For purposes of this subsection, "money
or other thing of 
25value"
shall not include payments made for sales demonstration 
26equipment and materials
furnished on a nonprofit basis for use 
 
 
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1in making sales and not
for resale.

2(Source: P.A. 95-331, eff. 8-21-07.)