SB1898 100TH GENERAL ASSEMBLY

LRB100 06350 JLS 16388 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1898

Introduced 2/10/2017, by Sen. Steve Stadelman

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2TTT new

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a contract or a proposed contract for the sale or lease of consumer merchandise or services may not include a provision waiving the consumer's right to make any statement regarding the seller or lessor or the employees or agents of the seller or lessor or concerning the merchandise or services. Makes it an unlawful practice to threaten or to seek to enforce a provision made unlawful by the new provisions or to otherwise penalize a consumer for making a protected statement. Provides that a waiver of the new provisions is contrary to public policy and is void and unenforceable. Provides that the new provisions may not be construed to prohibit or limit a person or business that hosts online consumer reviews or comments from removing a statement that is otherwise lawful to remove.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2TTT as follows:

(815 ILCS 505/2TTT new)

Sec. 2TTT. Non-disparagement clauses in consumer contracts.

(a) A contract or a proposed contract for the sale or lease of consumer merchandise or services may not include a provision waiving the consumer's right to make any statement regarding the seller or lessor or the employees or agents of the seller or lessor or concerning the merchandise or services.

(b) It is an unlawful practice to threaten or to seek to enforce a provision made unlawful under this Section or to otherwise penalize a consumer for making any statement protected under this Section.

(c) Any waiver of the provisions of this Section is contrary to public policy and is void and unenforceable.

(d) This Section may not be construed to prohibit or limit a person or business that hosts online consumer reviews or comments from removing a statement that is otherwise lawful to remove.