HB2087 96TH GENERAL ASSEMBLY

LRB096 05633 KTG 15699 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2087

Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - Marlow H. Colvin

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.

A BILL FOR

AN ACT concerning business.

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

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

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

Sec. 2. (a) Notwithstanding that that a person in whose name a credit card has been issued has requested or applied for such card or has indicated his acceptance of an unsolicited credit card, as provided in Section 1 hereof, such person shall not be liable to the issuer unless the card issuer has given notice to such person of his potential liability, on the card or within two years preceding such use, and has provided such person with an addressed notification requiring no postage to be paid by such person which may be mailed in the event of the loss, theft, or possible unauthorized use of the credit card, and such person shall not be liable for any amount in excess of the applicable amount hereinafter set forth, resulting from unauthorized use of that card prior to notification to the card issuer of the loss, theft, or possible unauthorized use of that card:

Card without a signature panel.....................$25.00

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

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

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

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