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91_SB0085enr SB85 Enrolled LRB9101780RCpk 1 AN ACT to amend the Consumer Fraud and Deceptive Business 2 Practices Act by adding Section 2JJ. 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 adding Section 2JJ as follows: 7 (815 ILCS 505/2JJ new) 8 Sec. 2JJ. Shoppers club information. 9 (a) It is an unlawful practice for any person who is an 10 officer, manager, or employee of a merchant to knowingly 11 disclose to a person other than the merchant's officers, 12 managers, employees, vendors, agents, or consultants either 13 (i) the identity of an applicant to, or member of, the 14 merchant's shoppers club or (ii) the identity of a shopper 15 club member's actual purchases of merchandise, unless the 16 applicant or member consents to the disclosure. An 17 applicant's or member's consent is presumed if the applicant 18 or member is given the written opportunity to retain the 19 non-disclosure rights provided for in this Section but fails 20 to so affirmatively direct. 21 (b) For purposes of this Section: 22 "Merchandise" means any item of tangible personal 23 property. 24 "Merchant" means an owner or operator of any retail 25 mercantile establishment and includes but is not limited to 26 any corporation, including parent, subsidiaries and sister 27 companies, partnerships, sole proprietorship, or any other 28 form of business entity. 29 "Retail mercantile establishment" means any place, 30 including Internet web sites, where merchandise is sold or 31 offered for sale at retail to persons who are members of a SB85 Enrolled -2- LRB9101780RCpk 1 merchant's shoppers club. 2 "Shoppers club" means a membership in a discount buying 3 program in which the purchaser is given a reduction in the 4 price of the merchandise by displaying a card that, when used 5 with an electronic scanning device or sales recording device 6 at the time of the purchase of the merchandise, displays the 7 discount price of the merchandise. 8 (c) Nothing in this Section precludes the use or 9 distribution to any person of any compilation, in aggregate 10 form, of information obtained by a merchant from its 11 operation of a shoppers club. 12 (d) The provisions of Section 10a of this Act do not 13 apply to a violation of this Section.