Illinois General Assembly - Full Text of HB3363
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Full Text of HB3363  99th General Assembly

HB3363 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3363

 

Introduced , by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/2TTT new

    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.


LRB099 09473 JLS 29681 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3363LRB099 09473 JLS 29681 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices 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
9proposed contract for the sale or lease of consumer goods or
10services any provision requiring the consumer to waive his or
11her right to make any statement regarding the consumer's
12experience with the business.
13    (b) It is an unlawful practice to threaten or seek to
14enforce a provision prohibited under subsection (a) or to
15otherwise penalize a consumer for making such a statement
16unless the waiver of the right was knowing, voluntary, and
17intelligent.
18    (c) The party that drafted the waiver provision has the
19burden of proving that the waiver was knowing, voluntary, and
20intelligent.
21    (d) A provision that violates this Section is
22unconscionable and against public policy. Any waiver of the
23provisions of this Section is contrary to public policy and is

 

 

HB3363- 2 -LRB099 09473 JLS 29681 b

1void and unenforceable.
2    (e) A person who violates this Section is subject to a
3civil penalty not to exceed $2,500 for the first violation and
4$5,000 for each subsequent violation. Money collected under
5this Section shall be deposited into the Attorney General Court
6Ordered and Voluntary Compliance Payment Projects Fund.
7    (f) The penalty provided under this Section is not an
8exclusive remedy and does not affect any other relief or remedy
9provided by law.