Illinois Compiled Statutes
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BUSINESS TRANSACTIONS815 ILCS 635/1
(815 ILCS 635/) Illinois Membership Campground Act.
(815 ILCS 635/1)
(from Ch. 29, par. 901)
This Article shall be known and may be cited as the
"Illinois Membership Campground Act".
(Source: P.A. 84-1235.)
815 ILCS 635/2
(815 ILCS 635/2)
(from Ch. 29, par. 902)
Applicability of Other Laws.
Membership Camping Contracts
registered under this Article are exempt from the provisions of Public Act
84-821. Membership Camping Contracts covered by this Article shall be subject
to the Retail Installment Sales Act.
(Source: P.A. 84-1235.)
815 ILCS 635/3
(815 ILCS 635/3)
(from Ch. 29, par. 903)
As used in this Article unless the context otherwise requires:
(1) "Campground" means real property owned or operated by a Membership
Camping Operator which is available for camping by purchasers of Membership
(2) "Membership Camping Contract" means an agreement offered or sold
within this State evidencing a member's right or license to use, for more
than 30 days, the campgrounds and amenities of a Membership Camping
Operator and includes a membership which provides for this use.
(3) "Purchaser" or "Member" means a person who enters into a Membership
Camping Contract with a Membership Camping Operator or a person who obtains
the right to use a campground or amenities pursuant to the Membership
(4) "Membership Camping Operator" means the person or entity that enters
into a Membership Camping Contract with a purchaser or member.
(5) "Salesperson" means any person, other than a Membership Camping
Operator, who is engaged in obtaining commitments of persons to enter into
Membership Camping Contracts by making direct sales presentations to such
persons. For purposes of "The Unemployment Insurance Act", approved June
30, 1937, as amended, a salesperson under this Act is an independent
contractor and not considered to be engaged in employment unless such
salesperson has tax withheld by a Membership Camping Operator pursuant to
Section 701 of the Illinois Income Tax Act.
(Source: P.A. 85-812.)
815 ILCS 635/4
(815 ILCS 635/4)
(from Ch. 29, par. 904)
Advertising Standards and Disclosures.
(1) A Membership Camping
Operator shall provide to a purchaser at least the following written
disclosures before the purchaser signs a Membership Camping Contract, or
gives any money or thing of value for the purchase of a Membership Camping
Contract. These disclosures shall contain reasonably current information
and shall be included in the Contract or in one separate disclosure
document at the option of the Membership Camping Operator. These
disclosures shall be updated annually for use with new purchasers.
(a) the name, principal address, and telephone number of the Membership
Camping Operator and of its offices in this State;
(b) a description of the nature of the purchaser's title to, interest
in, or right or license to use the campgrounds and amenities;
(c) a summary and copy of the articles, bylaws, rules, restrictions, or
covenants regulating the member's use of each campground and amenities on
each campground in this State, including a statement of whether and how the
articles, bylaws, rules, restrictions, or covenants may be changed;
provided that the foregoing need not include any temporary or emergency
rules or any rules adopted in response to unique local or immediate needs
if the rules and regulations are posted at the campground;
(d) a description of all payments required of a member under a
Membership Camping Contract, including initial fees and any further fees,
charges or assessments, together with any provisions for changing the payments;
(e) a description of any constraints on the transfer of Membership
Camping Contracts; and
(f) a description of any grounds for forfeiture of a Membership
(2) Advertising. (a) Origination and Endorsement in Contents or on Envelopes.
(i) Solicitations must not state or imply that they are made by or
originate from a government or other public agency.
(ii) Solicitations must not state or imply that they are from bill
collection firms, credit reporting agencies, law offices, or public utilities.
(iii) References in solicitations to professionals must not mislead as to
the function of such professionals.
(b) Premiums. Solicitations that include offers of premiums to
consumers must comply with the following requirements.
(i) The solicitation must clearly disclose:
(A) the purpose of the solicitation;
(B) the nature of the development and development interest being
offered for sale;
(C) the eligibility requirements to obtain the premium;
(D) any restrictions on the right to receive the premium or to
(E) any additional costs associated with making the premium operational,
other than shipping or battery costs;
(F) if a purchase is necessary in order to receive the premium;
(G) if participation in a sales presentation or tour of the
development is necessary in order to receive the premium;
(H) the approximate duration of any sales presentation or development tour;
(I) the name and address of the development firm if different from the
project, pursuant to subsection (2)(b)(i)(J) of this Section, and the
marketing firm responsible for the solicitation; and
(J) the name and address of the project at which the development
interest is located.
(ii) Premiums offered in these solicitations:
(A) shall not be represented by description, name, pricing, narrative
copy, or graphic depiction in any manner that tends to mislead or deceive
the consumer as to the true nature, value, size, or kind;
(B) may be substituted, if the premiums are offered subject to a right
to substitute, for premiums of equal or greater value because the item offered
is not available on the market. Disclosure of this fact must be included
in the solicitations. Premiums of lesser value shall not be substituted
unless such a substitution is requested by the consumer.
(C) must not be offered if it can be reasonably foreseen that they will
not be readily available at the time and place the consumers are to
(D) must be shipped within 30 days without additional cost, time or
travel required of the consumer if the premiums or their substitutes cannot
be distributed at the time represented; and
(E) must reflect nationally advertised retail value of the item or be
based upon reasonable comparables when presented along with price information.
(iii) Consumers must not be referred to as "winners", told that they have
"won" a premium, or be informed that the premium is an "award", "prize",
"gift", or is "free" or any similar terms unless all terms, conditions, and
obligations upon which the offer or premium is contingent are clearly and
conspicuously set forth so as to leave no reasonable probability that the
terms of the offer might be misunderstood.
(c) Programs Involving Chance, Gaming, or Sweepstakes. Solicitations in
which premiums are distributed and that imply chance or gaming in any way,
including references to "sweepstakes" or similar terms, must comply with
(i) The complete rules or procedures must be disclosed including;
(A) any eligibility requirements;
(B) "odds" on receiving each premium expressed in Arabic numerals or
fractions and not in decimals or percentages; and
(C) the minimum quantity of each premium to be distributed assuming
such premiums are properly claimed.
(ii) There must be disclosure of:
(A) the rules or procedures for distributing all unclaimed premiums
unless the solicitations make clear that unclaimed premiums will not
(B) the date by which distribution will be made;
(C) the rules or procedures by which a consumer may obtain a list of
major premium recipients; and
(D) the date when such a list may be obtained.
(d) Programs involving certificates or coupons. Solicitations that
include the offer or distribution of premiums to consumers in the form of
certificates, coupons, vouchers, checks, stamps or other documents
representing something of value, including travel or lodging certificates,
must comply with the following:
(i) Any restrictions or conditions on the redemption or use of the
certificates must be disclosed on the solicitation;
(ii) If the consumer must pay all or part of the transportation costs,
whether or not accompanied, must be disclosed on the solicitation; and
(iii) Lengthy delays, onerous procedures, or other inhibitions that have
the purpose or effect of discouraging redemption or use of the certificates
must not be imposed.
(e) Electronic media advertisements. Solicitations using electronic
media advertisements such as radio or television need not provide all of
the disclosures required by this Section for solicitations; but such
advertisements must be accurate and consistent with other solicitations or
sales information provided to customers.
(f) A third party, other than an employee or salesperson of the
Operator, who provides, by arrangement with the Operator, exchange
privileges, services, premiums, and other amenities to consumers is solely
liable for any acts, failures to act, misstatements, or misrepresentations by
such third party, unless the Operator knew or, through the use of
reasonable diligence, should have known of any such acts, failures to act,
misstatements, or misrepresentations of such third party.
(Source: P.A. 85-812.)
815 ILCS 635/5
(815 ILCS 635/5)
(from Ch. 29, par. 905)
(1) Right of Rescission: A purchaser or
a Membership Camping Operator has an unconditional right to rescind any
Membership Camping Contract, or revoke any offer, at any time prior to or
within 3 business days after the date the purchaser actually receives a
legible copy of the binding contract. "Business day" means any calendar
day except Sunday or Federal holiday. Predating of a document does not
affect the time in which the right to rescind may be exercised.
(2) Notice. Each membership camping contract or disclosure document
shall contain the following notice: "Either the purchaser or the Membership
Camping Operator is entitled to rescind this agreement for any reason
within 3 calendar days (excluding Sundays and national holidays) from the
day the purchaser actually receives a legible copy of this document signed
by all parties. The rescission, which must be made in writing, shall be
delivered by certified mail or delivered in person. The purchaser shall
return the contract, certificate of membership, and any membership cards,
ID, or materials to the Membership Camping Operator upon said notice in the
same condition in which it was received or pay the cost of replacing the material".
Following the date of the rescission notice, the Membership
Camping Operator shall, within 10 days, begin processing the refund of any
money paid by the purchaser so that the purchaser will receive a refund no
more than 21 days after the date of the rescission notice. Upon
rescission the purchaser shall immediately return the
contract, certificate of membership, and any membership cards, ID, or other
materials to the Membership Camping Operator in the same condition in which
it was received or pay the cost of replacing the material.
(3) Effective Date: Rescission occurs when the purchaser or the
Membership Camping Operator gives written notice of rescission or when
rescission is made in person.
(Source: P.A. 85-1209.)