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Full Text of HB3802  100th General Assembly

HB3802 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3802

 

Introduced , by Rep. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/2SS

    Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that post-purchase fees may not be imposed with respect to gift certificates usable with multiple sellers of goods or services.


LRB100 10732 JLS 20962 b

 

 

A BILL FOR

 

HB3802LRB100 10732 JLS 20962 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 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,
9made for consideration, by the seller or issuer of the record
10that goods or services will be provided to the holder of the
11record for the value shown in the record and includes, but is
12not limited to, a record that contains a microprocessor chip,
13magnetic stripe or other means for the storage of information
14that is prefunded and for which the value is decremented upon
15each use, a gift card, an electronic gift card, stored-value
16card or certificate, a store card or a similar record or card.
17"Gift certificate" also includes a credit slip issued by a
18store to a consumer who returns goods that enables the consumer
19to receive other goods of similar value in exchange for the
20returned goods. For purposes of this Act, the term "gift
21certificate" does not include any of the following:
22        (i) prepaid telecommunications and technology cards
23    including, but not limited to, prepaid telephone calling

 

 

HB3802- 2 -LRB100 10732 JLS 20962 b

1    cards, prepaid technical support cards, and prepaid
2    Internet disks that are distributed to or purchased by a
3    consumer;
4        (ii) prepaid telecommunications and technology cards
5    including, but not limited to, prepaid telephone calling
6    cards, prepaid technical support cards, and prepaid
7    Internet disks that are provided to a consumer pursuant to
8    any award, loyalty, or promotion program without any money
9    or other thing of value being given in exchange for the
10    card; or
11        (iii) except for purposes of item (2) of subsection
12    (b), any gift certificate usable with multiple sellers of
13    goods or services.
14    (b) On or after January 1, 2008, no person shall sell a
15gift certificate that is subject to: (1) an expiration date
16earlier than 5 years after the date of issuance; or (2) a
17post-purchase fee. Any gift certificate issued prior to January
181, 2008 that is subject to a fee must contain a statement
19clearly and conspicuously printed on the gift certificate
20stating whether there is a fee, the amount of the fee, how
21often the fee will occur, that the fee is triggered by
22inactivity of the gift certificate, and at what point the fee
23will be charged. The statement may appear on the front or back
24of the gift certificate in a location where it is visible to
25any purchaser prior to the purchase.
26    (c) The face value of a gift certificate issued on or after

 

 

HB3802- 3 -LRB100 10732 JLS 20962 b

1January 1, 2008 may not be reduced in value and the holder of a
2gift certificate issued after January 1, 2008 may not be
3penalized in any way for non-use or untimely redemption of the
4gift certificate. Any gift certificate issued prior to January
51, 2008 that is subject to an expiration date must contain a
6statement clearly and conspicuously printed on the gift
7certificate stating the expiration date. The statement may
8appear on the front or back of the gift certificate in a
9location where it is visible to any purchaser prior to the
10purchase.
11    (d) Subsection (c) does not apply to any gift certificate
12issued prior to January 1, 2008 that contains a toll free phone
13number and a statement clearly and conspicuously printed on the
14gift certificate stating that holders can call the toll free
15number to find out the balance on the gift certificate, if
16applicable, and the expiration date. The toll free number and
17statement may appear on the front or back of the gift
18certificate in a location where it is visible to any purchaser
19prior to the purchase.
20    (e) This Section does not apply to any of the following
21gift certificates:
22        (i) Gift certificates that are distributed by the
23    issuer to a consumer pursuant to an awards, loyalty, or
24    promotional program without any money or thing of value
25    being given in direct exchange or solely for the gift
26    certificate by the consumer.

 

 

HB3802- 4 -LRB100 10732 JLS 20962 b

1        (ii) Gift certificates that are sold below face value
2    at a volume discount to employers or to nonprofit and
3    charitable organizations for fundraising purposes if the
4    expiration date on those gift certificates is not more than
5    30 days after the date of sale.
6        (iii) Gift certificates that are issued for a food
7    product.
8(Source: P.A. 97-954, eff. 1-1-13.)