Rep. Jaime M. Andrade, Jr.
Filed: 3/16/2015
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| 1 | AMENDMENT TO HOUSE BILL 3363
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| 2 | AMENDMENT NO. ______. Amend House Bill 3363 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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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) A provision that violates this Section is | ||||||
| 14 | unconscionable and against public policy. | ||||||
| 15 | (c) A person who violates this Section is subject to a | ||||||
| 16 | civil penalty not to exceed $2,500 for the first violation and | ||||||
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| 1 | $5,000 for each subsequent violation. Money collected under | ||||||
| 2 | this Section shall be deposited into the Attorney General Court | ||||||
| 3 | Ordered and Voluntary Compliance Payment Projects Fund. | ||||||
| 4 | (d) The penalty provided under this Section is not an | ||||||
| 5 | exclusive remedy and does not affect any other relief or remedy | ||||||
| 6 | provided by law. | ||||||
| 7 | (e) Nothing in subsection (a) shall be construed to affect | ||||||
| 8 | (1) any duty of confidentiality imposed by law or (2) any civil | ||||||
| 9 | action for defamation, libel, slander, or a similar cause of | ||||||
| 10 | action.".
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