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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 changing and renumbering Section | ||||||
6 | 2QQ, as added by Public Act 93-945, as follows:
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7 | (815 ILCS 505/2SS)
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8 | 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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1 | 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 | ||||||
13 | earlier than 5 years after the date of issuance; or (2) a | ||||||
14 | post-purchase fee.
Any gift certificate issued prior to January | ||||||
15 | 1, 2008 that is subject to a fee must contain a statement | ||||||
16 | clearly and conspicuously printed on the gift certificate | ||||||
17 | stating whether there is a fee, the amount of the fee, how | ||||||
18 | often the fee will occur, that the fee is triggered by | ||||||
19 | inactivity of the gift certificate, and at what point the fee | ||||||
20 | will be charged. The statement may appear on the front or back | ||||||
21 | of the gift certificate in a location where it is visible to | ||||||
22 | any purchaser prior to the purchase. | ||||||
23 | (c) The face value of a gift certificate issued on or after | ||||||
24 | January 1, 2008 may not be reduced in value and the holder of a | ||||||
25 | gift certificate issued after January 1, 2008 may not be | ||||||
26 | penalized in any way for non-use or untimely redemption of the |
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1 | gift certificate.
Any gift certificate issued prior to January | ||||||
2 | 1, 2008 that is subject to an expiration date must contain a | ||||||
3 | statement clearly and conspicuously printed on the gift | ||||||
4 | certificate stating the expiration date. The statement may | ||||||
5 | appear on the front or back of the gift certificate in a | ||||||
6 | location where it is visible to any purchaser prior to the | ||||||
7 | purchase. | ||||||
8 | (d)
Subsection (c) does not apply to any gift certificate | ||||||
9 | issued prior to January 1, 2008 that contains a toll free phone | ||||||
10 | number and a statement clearly and conspicuously printed on the | ||||||
11 | gift certificate stating that holders can call the toll free | ||||||
12 | number to find out the balance on the gift certificate, if | ||||||
13 | applicable, and the expiration date. The toll free number and | ||||||
14 | statement may appear on the front or back of the gift | ||||||
15 | certificate in a location where it is visible to any purchaser | ||||||
16 | prior to the purchase. | ||||||
17 | (e) This Section does not apply to any of the following | ||||||
18 | gift certificates: | ||||||
19 | (i) Gift certificates that are distributed by the | ||||||
20 | issuer to a consumer pursuant to an
awards, loyalty, or | ||||||
21 | promotional program without any money or thing of value | ||||||
22 | being given in direct exchange or solely for the gift | ||||||
23 | certificate by the consumer. | ||||||
24 | (ii) Gift certificates that are sold below face value | ||||||
25 | at a volume discount to employers or to nonprofit and | ||||||
26 | charitable organizations for fundraising purposes if the |
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1 | expiration date on those gift certificates is not more than | ||||||
2 | 30 days after the date of sale. | ||||||
3 | (iii) Gift certificates that are issued for a food | ||||||
4 | product.
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5 | (Source: P.A. 93-945, eff. 1-1-05; revised 11-10-04.)
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6 | Section 99. Effective date. This Act takes effect January | ||||||
7 | 1, 2008. |