HB3363 EngrossedLRB099 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) A provision that violates this Section is
14unconscionable and against public policy.
15    (c) A person who violates this Section is subject to a
16civil penalty not to exceed $2,500 for the first violation and
17$5,000 for each subsequent violation. Money collected under
18this Section shall be deposited into the Attorney General Court
19Ordered and Voluntary Compliance Payment Projects Fund.
20    (d) The penalty provided under this Section is not an
21exclusive remedy and does not affect any other relief or remedy
22provided by law.
23    (e) Nothing in subsection (a) shall be construed to affect



HB3363 Engrossed- 2 -LRB099 09473 JLS 29681 b

1(1) any duty of confidentiality imposed by law or (2) any civil
2action for defamation, libel, slander, or a similar cause of