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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(740 ILCS 7/) Anti-Phishing Act.

740 ILCS 7/1

    (740 ILCS 7/1)
    Sec. 1. Short title. This Act may be cited as the Anti-Phishing Act.
(Source: P.A. 95-350, eff. 1-1-08.)

740 ILCS 7/5

    (740 ILCS 7/5)
    Sec. 5. Definitions. As used in this Act:
    "Electronic mail message" means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox (commonly referred to as the "local part") and a reference to an Internet domain (commonly referred to as the "domain part"), whether or not displayed, to which an electronic message can be sent or delivered.
    "Identifying information" means, with respect to an individual, any of the following:
        (1) Social security number.
        (2) Driver's license number.
        (3) Bank account number.
        (4) Credit card or debit card number.
        (5) Personal identification number (PIN).
        (6) Automated or electronic signature.
        (7) Unique biometric data.
        (8) Account password.
        (9) Any other piece of information that can be used
to access an individual's financial accounts or to obtain goods or services.
    "Internet" means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol (IP), or its subsequent extensions, and that is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure.
    "Web page" means a location that has a single uniform resource locator or other single location with respect to the Internet.
(Source: P.A. 95-350, eff. 1-1-08.)

740 ILCS 7/10

    (740 ILCS 7/10)
    Sec. 10. Prohibitions. It is unlawful for any person, by means of a Web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing himself, herself, or itself to be a business without the authority or approval of the business.
(Source: P.A. 95-350, eff. 1-1-08.)

740 ILCS 7/15

    (740 ILCS 7/15)
    Sec. 15. Actions.
    (a) The following persons may bring an action against a person who violates or is in violation of Section 10:
        (1) A person who (A) is engaged in the business of
providing Internet access service to the public, owns a Web page, or owns a trademark, and (B) is adversely affected by a violation of Section 10.
        An action brought under this paragraph may seek to
recover the greater of actual damages or $500,000.
        (2) An individual who is adversely affected by a
violation of Section 10 may bring an action, but only against a person who has directly violated Section 10.
        An action brought under this paragraph may seek to
enjoin further violations of Section 10 and to recover the greater of 3 times the amount of actual damages or $5,000 per violation.
    (b) The Attorney General or a State's Attorney may bring an action against a person who violates or is in violation of Section 10 to enjoin further violations of Section 10 and to recover a civil penalty of up to $2,500 per violation.
    (c) In an action pursuant to this Section, a court may, in addition, do either or both of the following:
        (1) Increase the recoverable damages to an amount up
to 3 times the damages otherwise recoverable under subsection (a) in cases in which the defendant has engaged in a pattern and practice of violating Section 10.
        (2) Award costs of suit and reasonable attorney's
fees to a prevailing plaintiff.
    (d) The remedies provided in this Section do not preclude the seeking of remedies, including criminal remedies, under any other applicable provision of law.
    (e) For purposes of paragraph (1) of subsection (a), multiple violations of Section 10 resulting from any single action or conduct shall constitute one violation.
(Source: P.A. 95-350, eff. 1-1-08.)