State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 003 ]

91_HB1177

 
                                               LRB9103438KSgc

 1        AN ACT to amend the Consumer Fraud and Deceptive Business
 2    Practices Act.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Consumer  Fraud  and Deceptive Business
 6    Practices Act is amended by changing Section 1 as follows:

 7        (815 ILCS 505/1) (from Ch. 121 1/2, par. 261)
 8        Sec. 1.  Definitions.
 9        (a)  The term "advertisement"  includes  the  attempt  by
10    publication,  dissemination,  solicitation  or circulation to
11    induce directly or indirectly any person to  enter  into  any
12    obligation   or   acquire   any  title  or  interest  in  any
13    merchandise and includes every work device  to  disguise  any
14    form   of  business  solicitation  by  using  such  terms  as
15    "renewal", "invoice", "bill", "statement", or "reminder",  to
16    create  an  impression  of  existing obligation when there is
17    none, or other language to mislead any person in relation  to
18    any sought after commercial transaction;
19        (b)  The  term "merchandise" includes any objects, wares,
20    goods, commodities, intangibles, real estate situated outside
21    the State of Illinois, or services;
22        (c)  The term "person" includes any natural person or his
23    legal representative, partnership, corporation (domestic  and
24    foreign), company, trust, business entity or association, and
25    any  agent,  employee,  salesman, partner, officer, director,
26    member, stockholder, associate, trustee or cestui  que  trust
27    thereof;
28        (d)  The  term  "sale" includes any sale, offer for sale,
29    or attempt to sell any merchandise for cash or on credit.
30        (e)  The term "consumer" means any person  who  purchases
31    or  contracts  for the purchase of merchandise not for resale
 
                            -2-                LRB9103438KSgc
 1    in the ordinary course of his trade or business but  for  his
 2    use or that of a member of his household.
 3        (f)  The   terms   "trade"   and   "commerce"   mean  the
 4    advertising, offering for sale, sale, or distribution of  any
 5    services  and  any  property,  tangible  or intangible, real,
 6    personal or mixed, and any other article, commodity, or thing
 7    of value wherever situated, and shall include  any  trade  or
 8    commerce  directly or indirectly affecting the people of this
 9    State.
10        (g)  The term "pyramid sales scheme" includes any plan or
11    operation whereby a person in exchange  for  money  or  other
12    thing  of value acquires the opportunity to receive a benefit
13    or  thing  of  value,  which  is  primarily  based  upon  the
14    inducement of  additional  persons,  by  himself  or  others,
15    regardless  of  number,  to  participate  in the same plan or
16    operation and is not primarily contingent on  the  volume  or
17    quantity  of  goods,  services,  or  other  property  sold or
18    distributed or to be  sold  or  distributed  to  persons  for
19    purposes  of  resale  to  consumers.   For  purposes  of this
20    subsection, "money or other thing of value" shall not include
21    payments made for sales demonstration equipment and materials
22    furnished on a nonprofit basis for use in  making  sales  and
23    not for resale.
24    (Source: P.A. 83-808.)

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