97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0054

 

Introduced 1/27/2011, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Rental-Purchase Agreement Act. Requires additional disclosures in a rental-purchase (aka rent to own) agreement clarifying the specific terms of the agreement including cost terms, minimum obligation period, and a notice putting the nature of the agreement in layman's terms. Provides that the rental-purchase agreement must provide that if the merchandise is returned to the merchant during the restatement period, the later of one week or half the number of days in a regular payment period, the consumer shall have the right to reinstate the agreement for a period of not less than one year. Creates an early purchase option where the consumer has the right to acquire ownership of the merchandise at any time during the agreement by paying the merchant a price determined by a multiplier. Provides that the merchant shall reduce the amount of each rental payment when the consumer experiences an interruption or reduction in income of more than 25% due to involuntary job loss/reduction, illness, pregnancy, or disability after at least 1/2 of the amount of the rental payments have been made. Provides that the merchant shall maintain the merchandise in good working order or replace or repair the merchandise without any fee to the consumer. Provides that a consumer has the ability to review a rental-purchase agreement for 48 hours prior to signing and that the consumer has the right to cancel the agreement without penalty before taking possession of the merchandise. Provides that a rental-purchase agreement shall not contain a mandatory arbitration clause. Establishes maximum cash prices for categories of merchandise and mandates the use of a terming matrix to establish a maximum cash price for merchandise on its second or subsequent rental. Provides that an advertisement must state whether its terms are for new or used merchandise. Provides that a merchant may not be held liable for an unintentional action that resulted from a bona fide or clerical error. Provides that an action shall not be brought after the later of 4 years after the occurrence of the act or one year after the last payment. Provides for enforcement by the Attorney General. Amends the Consumer Fraud and Deceptive Practices Act to make a violation of the Rental-Purchase Agreement Act a violation of that Act.


LRB097 02857 AEK 42879 b

 

 

A BILL FOR

 

SB0054LRB097 02857 AEK 42879 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 Rental-Purchase Agreement Act is amended by
5changing Sections 1, 2, 3, 4 and 5 and by adding Sections 2.1,
62.2, 2.3, 2.4, 2.5, 2.6 and 4.1 as follows:
 
7    (815 ILCS 655/1)  (from Ch. 121 1/2, par. 1801)
8    Sec. 1. Definitions. In this Act:
9    (1) "Advertisement" means a commercial message in any
10medium that directly or indirectly promotes or assists a
11rental-purchase agreement.
12    (2) "Cash price" means the price for which the merchant
13would have sold the merchandise to the consumer for cash on the
14date of the rental-purchase agreement.
15    (3) "Consumer" means an individual who leases personal
16property under a rental-purchase agreement.
17    (4) "Merchandise" means the personal property that is the
18subject of a rental-purchase agreement.
19    (5) "Merchant" means a person who, in the ordinary course
20of business, regularly leases, offers to lease or arranges for
21the leasing of merchandise under a rental-purchase agreement,
22and includes a person who is assigned an interest in a
23rental-purchase agreement.

 

 

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1    (6) "Rental-purchase agreement" means an agreement for the
2use of merchandise by a consumer for primarily personal, family
3or household purposes for an initial period of 4 months or less
4that is automatically renewable with each payment after the
5initial period and that permits the consumer to become the
6owner of the merchandise.
7    (7) "Cost of rental" means the difference between the total
8of payments necessary to acquire ownership under the
9rental-purchase agreement and the cash price of the rental
10merchandise that is subject to the rental-purchase agreement.
11    (8) "Fee" means any payment, charge, fee, cost, or expense,
12however denominated, other than a rental payment.
13    (9) "Appliance" means and includes any refrigerator,
14freezer, range including any cook top or oven, microwave oven,
15washer, dryer, dishwasher, room air conditioner, air purifier,
16or other machine for routine household tasks.
17    (10) "Electronic set" means and includes any television,
18radio, camera, video game system, or computer system, or any
19type of device for the recording, storage, copying, printing,
20transmission, display, or playback of any sound or image.
21    (11) "Merchant's cost" means the documented actual cost,
22including actual freight charges, of the rental merchandise to
23the merchant from a wholesaler, distributor, supplier, or
24manufacturer and net of any discounts, rebates, and incentives
25that are vested and calculable as to a specific item of
26merchandise at the time the merchant accepts delivery of the

 

 

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1merchandise.
2    (12) "Total of payments" means the total amount of periodic
3payments necessary to acquire ownership of the merchandise if
4the consumer makes all regularly scheduled payments.
5    (13) "Periodic payment" means a payment to be made by a
6consumer for the right of the possession and use of merchandise
7for a specific rental period, but does not include taxes
8imposed on such payment.
9    (14) "Mandatory arbitration clause" means a term or
10provision contained in a rental-purchase agreement which
11requires the consumer to submit any controversy thereafter
12arising under the agreement to arbitration prior to the
13commencement of any legal action to enforce the provisions of
14the agreement and which also provides language to the effect
15that the decision of the arbitrator or panel of arbitrators in
16its application to the consumer shall be final and not subject
17to court review.
18(Source: P.A. 85-957.)
 
19    (815 ILCS 655/2)  (from Ch. 121 1/2, par. 1802)
20    Sec. 2. Form.
21    (a) A rental-purchase agreement must be written in plain
22English and clearly and simply in any other language used by
23the merchant in any oral or written advertisement related to
24the rental-purchase agreement. Numerical amounts must be
25stated in figures.

 

 

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1    (b) Disclosures required by this Act must be printed or
2typed in each rental-purchase agreement in a size equal to at
3least 10 point bold-faced type in a color or shade that clearly
4contrasts with the background.
5    (c) A rental-purchase agreement may not contain a
6provision:
7        (1) requiring a confession of judgment;
8        (2) authorizing a merchant or an agent of the merchant
9    to commit a breach of the peace in the repossession of
10    merchandise;
11        (3) waiving a defense, counterclaim or right the
12    consumer may have against the merchant or an agent of the
13    merchant;
14        (4) requiring the purchase of insurance from the
15    merchant to cover the merchandise;
16        (5) requiring the payment of a late charge or
17    reinstatement fee unless a periodic payment is delinquent
18    for 3 days and the charge or fee is in an amount not more
19    than $5; or
20        (6) requiring a payment at the end of the scheduled
21    rental-purchase term in excess of or in addition to a
22    regular periodic payment in order to acquire ownership of
23    the merchandise. In no event shall the consumer be required
24    to pay a sum greater than the total amount to be paid to
25    acquire ownership, as disclosed in item (3) of subsection
26    (g) of this Section.

 

 

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1    (d) Only one late charge or reinstatement fee may be
2collected on a payment regardless of the period during which it
3remains in default.
4    (e) A rental-purchase agreement must provide that:
5        (1) a charge in addition to periodic payments, if any,
6    must be reasonably related to the service performed; and
7        (2) a consumer who fails to make a timely payment may
8    reinstate an agreement, without losing rights or options
9    previously acquired, by taking the required action before
10    the later of one week or half of the number of days in a
11    regular payment period after the due date of the payment,
12    this period of time hereinafter referred to as the
13    "reinstatement period"; and .
14        (3) if the merchandise is returned to the merchant
15    during the applicable reinstatement period, other than
16    through judicial process, the right to reinstate the
17    agreement must be extended for a period of not less than
18    one year.
19    (f) Notice of the right to reinstate an agreement must be
20disclosed in the agreement. This Act does not prevent a
21merchant from attempting repossession of merchandise during
22the reinstatement period, in accordance with the agreement, and
23the consumer's right to reinstate an agreement does not expire
24because of such a repossession. If the consumer is entitled to
25reinstatement after repossession, then, within 15 days of the
26repossession, the merchant must provide written notice to the

 

 

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1consumer of the consumer's right to reinstate the agreement. If
2the merchandise is returned to the merchant during the
3applicable reinstatement period, other than through judicial
4process, the right to reinstate the agreement shall be extended
5for a period of not less than 30 days if the consumer has paid
6less than 60% of the total amount to be paid to acquire
7ownership of the merchandise and shall be extended for a period
8of not less than 60 days if the consumer has paid 60% or more of
9the total amount to be paid to acquire ownership of the
10merchandise. On reinstatement, the merchant shall provide the
11consumer with the same merchandise or substitute merchandise of
12comparable quality and condition. If substitute merchandise is
13provided, the merchant shall also provide the consumer with the
14disclosures required in subsection (g) of this Section.
15    (g) A rental-purchase agreement must be contained in a
16single document and must clearly and conspicuously disclose all
17of the following disclose:
18        (1) whether the merchandise is new or used;
19        (2) the names of the merchant and the consumer, the
20    merchant's business address and telephone number, the
21    consumer's address, the date on which the agreement is
22    executed, and a description of the merchandise sufficient
23    to identify it the amount and timing of payments;
24        (3) the minimum period for which the consumer is
25    obligated under the rental-purchase agreement, the
26    duration of the rental-purchase agreement if all regularly

 

 

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1    scheduled periodic payments are made, the amount of each
2    periodic payment, and the total amount and number of
3    periodic payments necessary to acquire ownership of the
4    merchandise if the renter makes all regularly scheduled
5    periodic payments the total number of payments necessary
6    and the total amount to be paid to acquire ownership of the
7    merchandise;
8        (4) the amount and purpose of any payment, charge or
9    fee in addition to the regular periodic payments;
10        (5) whether the consumer is liable for loss or damage
11    to the merchandise, and, if so, the maximum amount for
12    which the consumer may be liable, which in the case of loss
13    shall in no event be greater than the price the consumer
14    would have paid to exercise an early purchase option
15    pursuant to this Act or the cost of repair as determined by
16    the merchant;
17        (6) that the consumer does not acquire ownership rights
18    unless the consumer has complied with the ownership terms
19    of the agreement; and
20        (7) the cash price of the merchandise, whether the
21    merchandise is new or used; .
22        (8) the cost of rental;
23        (9) a statement of the consumer's right to acquire
24    ownership by the early purchase option as provided in this
25    Act, including substantially the following statement: "The
26    attached chart shows the amount required to exercise your

 

 

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1    early purchase option after each renewal payment, assuming
2    you make each periodic payment on time." The
3    rental-purchase agreement shall be accompanied by a chart
4    showing the amount required to exercise the consumer's
5    early purchase option after each periodic payment if
6    payments are made as scheduled;
7        (10) a description of the consumer's reinstatement
8    rights as provided in subsection (e) of this Section;
9        (11) a description of the consumer's right to lower
10    periodic payment amounts as provided in Section 2.2 of this
11    Act;
12        (12) a statement that the unexpired portion of all
13    warranties provided by the manufacturer, distributor, or
14    seller of the merchandise will be transferred by the
15    merchant to the consumer at the time the consumer acquires
16    ownership of the merchandise from the merchant, if such
17    warranty coverage is transferable;
18        (13) a description of the merchant's obligation to
19    maintain the rental merchandise and to repair or replace
20    rental merchandise that is not operating properly, as
21    provided in Section 2.3 of this Act; and
22        (14) the following notice:
 
23
NOTICE

 
24    You are renting this merchandise. You will not own it until

 

 

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1you make all of the regularly scheduled payments or until you
2exercise the early purchase option.
3    You do not have the right to keep this merchandise if you
4do not make required payments or do not use the early purchase
5option. If you miss a payment, the merchant can repossess the
6merchandise, but you may have the right to have the same or
7similar merchandise returned.
8    See the contract for an explanation of your rights.
 
9    (h) The disclosures required by items (3), (7), and (8) of
10subsection (g) of this Section shall be printed in the
11following form that shall appear immediately above the space
12reserved for the consumer's signature in the rental-purchase
13agreement:
14______________________________________________________
15Total of PaymentsCost of RentalCash Price
16$ $$
17__________________________________________
18You must pay thisAmount over cashMerchandise
19amount to own theprice you will payavailable at
20merchandise ifif you make all this price for
21you make all theregular payments.cash from the
22regular payments.merchant. See
23You can buy theabout your early
24merchandise for purchase option
25less under the early rights.

 

 

 

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1purchase option.
2Amount ofNumber ofRental Period
3each paymentPayments
4$
5per
6_________________
7(insert period)
8    (i) The form prescribed in subsection (h) of this Section
9shall be clearly and conspicuously placed on a tag or sticker
10affixed to the merchandise available for rental-purchase. If
11the merchandise available for rental-purchase is not displayed
12at the merchant's place of business but appears in a photograph
13or catalog shown to consumers, a tag or sticker of the form
14shall be affixed to the photograph shown to consumers or shall
15be given to consumers at the time of the showing. This
16subsection does not apply to photographic depictions of
17merchandise in advertisements complying with the provisions of
18Section 3 of this Act.
19(Source: P.A. 87-256; 88-644, eff. 9-9-94.)
 
20    (815 ILCS 655/2.1 new)
21    Sec. 2.1. Early purchase option.
22    (a) The consumer has the right to acquire ownership of the
23merchandise at any time by tendering to the merchant all past
24due payments and fees and an amount equal to the cash price

 

 

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1stated in the rental-purchase agreement multiplied by a
2fraction that has as its numerator the number of periodic
3payments remaining under the agreement and that has as its
4denominator the total number of periodic payments. A consumer
5must affirmatively elect to exercise an early purchase option.
6In no event shall the consumer's early purchase option be less
7than the amount of one periodic payment.
8    (b) In a clear and conspicuous manner on the consumer's
9receipt for every periodic payment, which the merchant shall
10deliver to the consumer within a reasonable time after payment,
11the merchant shall provide the consumer with a written
12statement of:
13            (1) The total amount the consumer would have to pay
14    to acquire ownership of the rental merchandise if the
15    consumer makes all regularly scheduled payments remaining
16    under the rental-purchase agreement; and
17        (2) The total amount the consumer would have to pay to
18    acquire ownership of that merchandise pursuant to this
19    Section.
 
20    (815 ILCS 655/2.2 new)
21    Sec. 2.2. Interruption or reduction of income in certain
22instances.
23    (a) If any consumer who has signed a rental-purchase
24agreement experiences an interruption or reduction of 25% or
25more of income due to involuntary job loss, involuntary reduced

 

 

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1employment, illness, pregnancy, or disability after one-half
2or more of the total amount of the rental payments necessary to
3acquire ownership under the agreement have been paid, and such
4consumer provides to the merchant some evidence of the amount
5and cause of the interruption or reduction of income, the
6merchant shall reduce the amount of each rental payment by: (1)
7the percentage of the reduction in the consumer's income or (2)
850%, whichever is less, for the period during which the
9consumer's income is interrupted or reduced.
10    (b) If payments are reduced, the total dollar amount of
11payments necessary to acquire ownership shall not be increased,
12provided, however, that the number of payments necessary to
13acquire ownership may be increased accordingly and the rights
14and duties of the merchant and the consumer shall not otherwise
15be affected.
16    (c) When the consumer's income is restored, the merchant
17may increase the amount of rental payments, but in no event
18shall rental payments exceed the originally disclosed amount of
19rental payments as provided in the rental-purchase agreement.
 
20    (815 ILCS 655/2.3 new)
21    Sec. 2.3. Maintenance of merchandise.
22    (a) The merchant shall maintain the property subject to the
23rental-purchase agreement in good working order while the
24agreement is in effect without charging any fee to the consumer
25in addition to the regularly scheduled rental payments set

 

 

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1forth in the rental-purchase agreement.
2    (b) By the end of the second business day following the day
3on which the merchant received notice from the consumer that
4the property is not operating properly, the merchant shall
5repair or replace the property without any fee to the consumer
6in addition to the regularly scheduled rental payments set
7forth in the rental-purchase agreement.
8    (c) If a repair or replacement cannot be immediately
9effected, the merchant shall temporarily substitute property
10of comparable quality and condition while repairs are being
11effected. If repairs cannot be completed to the reasonable
12satisfaction of the consumer within 30 days after the merchant
13receives notice from the consumer or within a longer period
14voluntarily agreed to by the consumer, the merchant shall
15permanently replace the property.
16    (d) All replacement property shall be the same brand, if
17available, and comparable in quality, age, condition, and
18warranty coverage to the replaced property. If the same brand
19is not available, the brand of the replacement property shall
20be agreeable to the consumer, provided, however, that any
21request by the consumer shall not be unreasonable.
22    (e) All of the consumer's and merchant's rights and
23obligations under the rental-purchase agreement that applied
24to the property originally subject to the rental-purchase
25agreement shall apply to any replacement property.
26    (f) The consumer shall not be charged, or held liable for,

 

 

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1any pro rata portion of a periodic payment for any period of
2time greater than one full day and each full day thereafter
3during which the property that is the subject of the
4rental-purchase agreement or any property substituted for it
5pursuant to this Section is not in good working order.
6    (g) This Section shall not apply to repairs or damage for
7which the consumer is liable under the rental-purchase
8agreement.
9    (h) A merchant shall not deliver to a consumer any property
10which the merchant knows or has reason to know is defective.
11    (i) In the case of damage to the merchandise other than
12normal wear and tear, the consumer shall be liable for the
13lesser of the price the consumer would have paid to exercise an
14early purchase option pursuant to Section 2.1 of this Act or
15the cost of the repair as determined by the merchant.
 
16    (815 ILCS 655/2.4 new)
17    Sec. 2.4. Availability, enforcement, and cancellation.
18    (a) Every rental-purchase agreement shall indicate that a
19consumer at his or her request shall be permitted to review a
20rental-purchase agreement for up to 48 hours prior to signing.
21    (b) A copy of the signed rental-purchase agreement and all
22other documents which the merchant requests the consumer to
23sign shall be given to the consumer at the time they are
24signed. The rental-purchase agreement shall not be enforceable
25against the consumer until the consumer has received a signed

 

 

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1copy.
2    (c) In addition to any other right of cancellation, a
3consumer has the right to cancel a rental-purchase agreement,
4without penalty or obligation, if the consumer has not taken
5possession of the merchandise.
 
6    (815 ILCS 655/2.5 new)
7    Sec. 2.5. Mandatory arbitration.
8    (a) Subject to federal law and regulation, no
9rental-purchase agreement shall contain a mandatory
10arbitration clause. Nothing herein shall be construed to
11prohibit a merchant from incorporating a provision within a
12rental-purchase agreement that the decision of the arbitrator
13or panel of arbitrators shall be final in its application to
14the parties and not subject to court review.
15    (b) The provisions of a mandatory arbitration clause within
16a rental-purchase agreement shall be null and void but shall
17not constitute a violation of this Act. The inclusion of a
18mandatory arbitration clause shall not serve to impair the
19enforceability of any other provision of the rental-purchase
20agreement.
 
21    (815 ILCS 655/2.6 new)
22    Sec. 2.6. Maximum cash price and total of payments.
23    (a) A merchant shall maintain records that establish the
24merchant's cost for each item of merchandise that is the

 

 

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1subject of a rental-purchase agreement. A merchant shall
2maintain a copy of each rental-purchase agreement and of the
3records required by this Section for at least 2 years following
4the termination of the agreement.
5    (b) The maximum cash price for the merchant's first rental
6of the merchandise that is the subject of the rental-purchase
7agreement may not exceed 1.75 times the merchant's cost for
8appliances, 1.75 times the merchant's cost for electronic sets
9having a merchant's cost of less than $150, 2.0 times the
10merchant's cost for electronic sets having a merchant's cost
11greater than or equal to $150, 2.15 times the merchant's cost
12for furniture, 2.0 times the merchant's cost for automotive
13accessories, jewelry, and musical instruments, and 1.75 times
14the merchant's cost for all other items.
15    (c) The maximum cash price for merchandise on its second or
16subsequent rental may not exceed the maximum total of payments
17for that merchandise as permitted under this Section using the
18terming matrix, divided by 2.25.
19    (d) The maximum total of payments may not exceed 2.25 times
20the maximum cash price that could have been charged for the
21first rental of the merchandise as prescribed by this Act.
22    (e) The maximum total of payments for the merchant's second
23or subsequent rental of the merchandise that is the subject of
24a rental-purchase agreement may not exceed the maximum total of
25payments permitted under the terming matrix contained in this
26Section.

 

 

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1    (f) The following terming matrix shall be used to lower the
2number of periodic payments, which shall result in a lower
3total of payments and a lower maximum cash price for used
4merchandise based on its age and condition. The merchant may
5choose to maintain the number of periodic payments for used
6merchandise as if it were new in lieu of reducing the number of
7payments, provided that the merchant lowers the total of
8payments and maximum cash price on a pro-rata basis using the
9terming matrix as guidance. The merchant shall keep in
10electronic or hard copy form, the matrix used, together with a
11record of the number of periodic payments provided in the first
12agreement when the merchandise was offered as new, as well as a
13record of the item's condition as determined by the merchant
14pursuant to the matrix each time it is priced as used. No
15merchant shall price used goods in excess of the prices
16dictated by the matrix.
 
17
Terming Matrix for Used Merchandise

 
18
19Original term
20in weeks when
21new 34 weeks or less 35-38 weeks 39-90 weeks 91 weeks or more

 

 

 

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1
2Excellent
3Condition
4Subtract a minimum of 1 week from original term Subtract a minimum of 2 weeks from original term Subtract a minimum of 3 weeks from original term Subtract a minimum of 4 weeks from original term
5
6Good
7Condition
8Subtract a minimum of 3 weeks from original term Subtract a minimum of 5 weeks from original term Subtract a minimum of 7 weeks from original term Subtract a minimum of 9 weeks from original term
9
10Fair
11Condition
12Subtract a minimum of 4 weeks from original term Subtract a minimum of 7 weeks from original term Subtract a minimum of 10 weeks from original term Subtract a minimum of 13 weeks from original term
13
14Poor
15Condition
16
17Subtract a minimum of 6 weeks from original term or cash sale Subtract a minimum of 10 weeks from original term or cash sale Subtract a minimum of 15 weeks from original term or cash sale Subtract a minimum of 20 weeks from original term or cash sale
18    (g) Immediately below the terming matrix the following
19language shall be printed in 10 point type:
20        New = Full term.
21        Excellent = In great shape. Refurbished to look like

 

 

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1    new.
2        Good = In good working order. Refurbished, but
3    imperfections still exist.
4        Fair = Completely operational, but refurbishment has
5    not concealed obvious wear and tear.
6        Poor = Ripped, faded, cracked, or broken and
7    refurbishment did not improve the condition.
8    (h) The Attorney General shall make available in printed
9form in at least 10 point type to merchants and publish on an
10appropriate website the terming matrix in chart form to be used
11by merchants as required by this Section.
12    (i) Upon written request of the Attorney General, a
13merchant shall provide copies of the records described in this
14Section.
15    (j) If a merchant intentionally discloses a cash price or a
16total of payments that exceeds the amount permitted by this
17Section, the rental-purchase agreement is void, the consumer
18shall retain the merchandise without any obligation, and the
19merchant shall refund to the consumer all amounts paid.
 
20    (815 ILCS 655/3)  (from Ch. 121 1/2, par. 1803)
21    Sec. 3. Advertisement.
22    (a) An advertisement for a rental-purchase agreement that
23refers to or states the amount of a payment or the right to
24acquire ownership of any one particular item under the
25agreement must clearly and conspicuously state:

 

 

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1        (1) that the transaction advertised is a
2    rental-purchase agreement;
3        (2) the total amount and number of payments necessary
4    to acquire ownership; and
5        (3) that the consumer does not acquire ownership rights
6    unless the merchandise is rented for a specified number of
7    payment periods; and .
8        (4) whether the advertised terms are for new or used
9    merchandise.
10    (b) Every item of property displayed or offered for
11rental-purchase by a merchant shall have attached to its front
12or displayed as prominently as if attached to its front a tag
13disclosing whether the merchandise is new or used, in addition
14to any other tag or sticker required by this Act the amount to
15be paid to acquire ownership of the merchandise.
16(Source: P.A. 88-644, eff. 9-9-94.)
 
17    (815 ILCS 655/4)  (from Ch. 121 1/2, par. 1804)
18    Sec. 4. Enforcement. (a) A consumer damaged by a violation
19of this Act by a merchant is entitled to recover from the
20merchant:
21    (1) actual damages;
22    (2) 25% of an amount equal to the total amount of payments
23required to obtain ownership of the merchandise involved,
24except that the amount recovered under this item (2) may not be
25less than $250 nor more than $1,000; and

 

 

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1    (3) reasonable attorney's fees and court costs.
2    (b) A merchant is not liable under this Section for a
3violation of this Act caused by the merchant's error if before
4the 31st day after the date the merchant discovers the error,
5and before an action under this Section is filed or written
6notice of the error is received by the merchant from the
7consumer, the merchant gives the consumer written notice of the
8error and makes adjustments in the consumer's account as
9necessary to assure that the consumer will not be required to
10pay an amount in excess of the amount disclosed and that the
11agreement otherwise complies with this Act.
12    (c) Nothing in this Act shall be construed to nullify or
13impair any right or rights which a consumer may have against a
14merchant at common law, by statute, or otherwise.
15    (d) A merchant or assignee may not be held liable in an
16action brought under this Act for a violation of this Act that
17was unintentional and resulted from a bona fide or clerical
18error notwithstanding the maintenance of procedures reasonably
19adopted to avoid any such error.
20    (e) An action shall not be brought under this Section more
21than 4 years after the occurrence of the act, method, or
22practice which is the subject of the action or more than one
23year after the last payment in a transaction involving the
24method, act, or practice which is the subject of the action,
25whichever is later.
26(Source: P.A. 85-957.)
 

 

 

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1    (815 ILCS 655/4.1 new)
2    Sec. 4.1. Enforcement by Attorney General. All remedies,
3penalties, and authority granted to the Attorney General by the
4Consumer Fraud and Deceptive Business Practices Act shall be
5available to the Attorney General for the enforcement of this
6Act. A violation of this Act shall constitute an unlawful
7practice as provided in the Consumer Fraud and Deceptive
8Business Practices Act.
 
9    (815 ILCS 655/5)  (from Ch. 121 1/2, par. 1805)
10    Sec. 5. Penalty. Any person intentionally violating this
11Act shall be guilty of a petty offense and fined not more than
12$500, in addition to any other penalty imposed by this Act.
13(Source: P.A. 85-957.)
 
14    Section 10. The Consumer Fraud and Deceptive Business
15Practices Act is amended by changing Section 2Z as follows:
 
16    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
17    Sec. 2Z. Violations of other Acts. Any person who knowingly
18violates the Automotive Repair Act, the Automotive Collision
19Repair Act, the Home Repair and Remodeling Act, the Dance
20Studio Act, the Physical Fitness Services Act, the Hearing
21Instrument Consumer Protection Act, the Illinois Union Label
22Act, the Job Referral and Job Listing Services Consumer

 

 

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1Protection Act, the Travel Promotion Consumer Protection Act,
2the Credit Services Organizations Act, the Automatic Telephone
3Dialers Act, the Pay-Per-Call Services Consumer Protection
4Act, the Telephone Solicitations Act, the Illinois Funeral or
5Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
6Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales
7Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
8the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
93-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
103-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
11Internet Caller Identification Act, paragraph (6) of
12subsection (k) of Section 6-305 of the Illinois Vehicle Code,
13Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
14or 18d-153 of the Illinois Vehicle Code, Article 3 of the
15Residential Real Property Disclosure Act, the Automatic
16Contract Renewal Act, the Rental-Purchase Agreement Act, or the
17Personal Information Protection Act commits an unlawful
18practice within the meaning of this Act.
19(Source: P.A. 95-413, eff. 1-1-08; 95-562, eff. 7-1-08; 95-876,
20eff. 8-21-08; 96-863, eff. 1-19-10; 96-1369, eff. 1-1-11;
2196-1376, eff. 7-29-10; revised 9-2-10.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    815 ILCS 655/1from Ch. 121 1/2, par. 1801
4    815 ILCS 655/2from Ch. 121 1/2, par. 1802
5    815 ILCS 655/2.1 new
6    815 ILCS 655/2.2 new
7    815 ILCS 655/2.3 new
8    815 ILCS 655/2.4 new
9    815 ILCS 655/2.5 new
10    815 ILCS 655/2.6 new
11    815 ILCS 655/3from Ch. 121 1/2, par. 1803
12    815 ILCS 655/4from Ch. 121 1/2, par. 1804
13    815 ILCS 655/4.1 new
14    815 ILCS 655/5from Ch. 121 1/2, par. 1805
15    815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z