Full Text of HB0369 95th General Assembly
HB0369eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning business.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Consumer Fraud and Deceptive Business | 5 |
| Practices Act is amended by changing and renumbering Section | 6 |
| 2QQ, as added by Public Act 93-945, as follows:
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| (815 ILCS 505/2SS)
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| Sec. 2SS
2QQ . Gift certificates. | 9 |
| (a) "Gift certificate" means a record evidencing a promise, | 10 |
| made for consideration, by the seller or issuer of the record | 11 |
| that goods or services will be provided to the holder of the | 12 |
| record for the value shown in the record and includes, but is | 13 |
| not limited to, a record that contains a microprocessor chip, | 14 |
| magnetic stripe or other means for the storage of information | 15 |
| that is prefunded and for which the value is decremented upon | 16 |
| each use, a gift card, an electronic gift card, stored-value | 17 |
| card or certificate, a store card or a similar record or card. | 18 |
| For purposes of this Act, the term "gift certificate" does not | 19 |
| include any of the following: | 20 |
| (i) prepaid telecommunications and technology cards | 21 |
| including, but not limited
to, prepaid telephone calling | 22 |
| cards, prepaid technical support cards, and prepaid | 23 |
| Internet disks that are distributed to or purchased by a |
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| consumer; | 2 |
| (ii) prepaid telecommunications and technology cards | 3 |
| including, but not
limited to, prepaid telephone calling | 4 |
| cards, prepaid technical support cards, and prepaid | 5 |
| Internet disks that are provided to a consumer pursuant to | 6 |
| any award, loyalty, or promotion program without any money | 7 |
| or other thing of value being given in exchange for the | 8 |
| card; or | 9 |
| (iii) any gift certificate usable with multiple | 10 |
| sellers of goods or services. | 11 |
| (b) On or after January 1, 2008, no person shall sell a | 12 |
| gift certificate that is subject to: (1) an expiration date; or | 13 |
| (2) a post-purchase fee.
Any gift certificate issued prior to | 14 |
| January 1, 2008 that is subject to a fee must contain a | 15 |
| statement clearly and conspicuously printed on the gift | 16 |
| certificate stating whether there is a fee, the amount of the | 17 |
| fee, how often the fee will occur, that the fee is triggered by | 18 |
| inactivity of the gift certificate, and at what point the fee | 19 |
| will be charged. The statement may appear on the front or back | 20 |
| of the gift certificate in a location where it is visible to | 21 |
| any purchaser prior to the purchase. | 22 |
| (c) The face value of a gift certificate issued on or after | 23 |
| January 1, 2008 may not be reduced in value and the holder of a | 24 |
| gift certificate issued after January 1, 2008 may not be | 25 |
| penalized in any way for non-use or untimely redemption of the | 26 |
| gift certificate.
Any gift certificate issued prior to January |
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| 1, 2008 that is subject to an expiration date must contain a | 2 |
| statement clearly and conspicuously printed on the gift | 3 |
| certificate stating the expiration date. The statement may | 4 |
| appear on the front or back of the gift certificate in a | 5 |
| location where it is visible to any purchaser prior to the | 6 |
| purchase. | 7 |
| (d)
Subsection (c) does not apply to any gift certificate | 8 |
| issued prior to January 1, 2008 that contains a toll free phone | 9 |
| number and a statement clearly and conspicuously printed on the | 10 |
| gift certificate stating that holders can call the toll free | 11 |
| number to find out the balance on the gift certificate, if | 12 |
| applicable, and the expiration date. The toll free number and | 13 |
| statement may appear on the front or back of the gift | 14 |
| certificate in a location where it is visible to any purchaser | 15 |
| prior to the purchase. | 16 |
| (e) This Section does not apply to any of the following | 17 |
| gift certificates: | 18 |
| (i) Gift certificates that are distributed by the | 19 |
| issuer to a consumer pursuant to an
awards, loyalty, or | 20 |
| promotional program without any money or thing of value | 21 |
| being given in direct exchange or solely for the gift | 22 |
| certificate by the consumer. | 23 |
| (ii) Gift certificates that are sold below face value | 24 |
| at a volume discount to employers or to nonprofit and | 25 |
| charitable organizations for fundraising purposes if the | 26 |
| expiration date on those gift certificates is not more than |
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| 30 days after the date of sale. | 2 |
| (iii) Gift certificates that are issued for a food | 3 |
| product.
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| (Source: P.A. 93-945, eff. 1-1-05; revised 11-10-04.)
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| Section 99. Effective date. This Act takes effect January | 6 |
| 1, 2008. |
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