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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3363 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: |
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Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to include in a contract for the sale or lease of consumer goods or services a provision that requires a consumer to waive his or her right to make any statement regarding the consumer's experience with the business. Establishes civil penalties and provides for the deposit of civil penalties into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB3363 | | LRB099 09473 JLS 29681 b |
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1 | | AN ACT concerning business.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Consumer Fraud and Deceptive Business |
5 | | Practices Act is amended by adding Section 2TTT as follows: |
6 | | (815 ILCS 505/2TTT new) |
7 | | Sec. 2TTT. Consumer experience statements. |
8 | | (a) It is an unlawful practice to include in a contract or |
9 | | proposed contract for the sale or lease of consumer goods or |
10 | | services any provision requiring the consumer to waive his or |
11 | | her right to make any statement regarding the consumer's |
12 | | experience with the business. |
13 | | (b) It is an unlawful practice to threaten or seek to |
14 | | enforce a provision prohibited under subsection (a) or to |
15 | | otherwise penalize a consumer for making such a statement |
16 | | unless the waiver of the right was knowing, voluntary, and |
17 | | intelligent. |
18 | | (c) The party that drafted the waiver provision has the |
19 | | burden of proving that the waiver was knowing, voluntary, and |
20 | | intelligent. |
21 | | (d) A provision that violates this Section is |
22 | | unconscionable and against public policy. Any waiver of the |
23 | | provisions of this Section is contrary to public policy and is |