SB1978 96TH GENERAL ASSEMBLY

LRB096 11387 MJR 21851 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1978

Introduced 2/20/2009, by Sen. Dan Kotowski

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2B.4 new

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it shall be an unlawful practice to knowingly mail, send, or cause to be mailed an unsolicited application for a credit card to a recipient in the State unless the front of the envelope in which the application was sent contains language that allows a recipient to opt out of future unsolicited applications from the sender. Provides that it shall be an unlawful practice under the Act for a sender who has already received an opt out request from a recipient in the State to knowingly mail, send, or cause to be mailed an unsolicited application for a credit card to that recipient.

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 2B.4 as follows:

(815 ILCS 505/2B.4 new)

Sec. 2B.4. Unsolicited credit card applications.

(a) It shall be an unlawful practice under this Act to knowingly mail, send, or cause to be mailed an unsolicited application for a credit card to a recipient in this State unless the front of the envelope in which the application was sent contains language that allows a recipient to opt out of future unsolicited applications from the sender.

(b) It shall be an unlawful practice under this Act for a sender who has already received an opt out request from a recipient in this State to knowingly mail, send, or cause to be mailed an unsolicited application for a credit card to that recipient.

(c) For purposes of this Section, "sender" means any person who sends an unsolicited credit card application to an Illinois resident.