Full Text of HB4971 97th General Assembly
HB4971 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4971 Introduced 2/3/2012, by Rep. Rosemary Mulligan SYNOPSIS AS INTRODUCED: |
| | Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the holder of a gift certificate issued on or after January 1, 2013 that has a balance of less than $10 must be given the option of receiving that balance in cash. Effective January 1, 2013.
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| | A BILL FOR |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Consumer Fraud and Deceptive Business | 5 | | Practices Act is amended by changing Section 2SS as follows:
| 6 | | (815 ILCS 505/2SS)
| 7 | | Sec. 2SS. Gift certificates. | 8 | | (a) "Gift certificate" means a record evidencing a promise, | 9 | | made for consideration, by the seller or issuer of the record | 10 | | that goods or services will be provided to the holder of the | 11 | | record for the value shown in the record and includes, but is | 12 | | not limited to, a record that contains a microprocessor chip, | 13 | | magnetic stripe or other means for the storage of information | 14 | | that is prefunded and for which the value is decremented upon | 15 | | each use, a gift card, an electronic gift card, stored-value | 16 | | card or certificate, a store card or a similar record or card. | 17 | | For purposes of this Act, the term "gift certificate" does not | 18 | | include any of the following: | 19 | | (i) prepaid telecommunications and technology cards | 20 | | including, but not limited
to, prepaid telephone calling | 21 | | cards, prepaid technical support cards, and prepaid | 22 | | Internet disks that are distributed to or purchased by a | 23 | | consumer; |
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| 1 | | (ii) prepaid telecommunications and technology cards | 2 | | including, but not
limited to, prepaid telephone calling | 3 | | cards, prepaid technical support cards, and prepaid | 4 | | Internet disks that are provided to a consumer pursuant to | 5 | | any award, loyalty, or promotion program without any money | 6 | | or other thing of value being given in exchange for the | 7 | | card; or | 8 | | (iii) any gift certificate usable with multiple | 9 | | sellers of goods or services. | 10 | | (b) On or after January 1, 2008, no person shall sell a | 11 | | gift certificate that is subject to: (1) an expiration date | 12 | | earlier than 5 years after the date of issuance; or (2) a | 13 | | post-purchase fee.
Any gift certificate issued prior to January | 14 | | 1, 2008 that is subject to a fee must contain a statement | 15 | | clearly and conspicuously printed on the gift certificate | 16 | | stating whether there is a fee, the amount of the fee, how | 17 | | 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 | | 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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| 1 | | 30 days after the date of sale. | 2 | | (iii) Gift certificates that are issued for a food | 3 | | product.
| 4 | | (f) The holder of a gift certificate issued on or after | 5 | | January 1, 2013 that has a balance of less than $10 must be | 6 | | given the option of receiving that balance in cash. | 7 | | (Source: P.A. 95-331, eff. 8-21-07; 95-525, eff. 1-1-08.)
| 8 | | Section 99. Effective date. This Act takes effect January | 9 | | 1, 2013.
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