State of Illinois
91st General Assembly
Legislation

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91_SB0085sam001

 










                                             LRB9101780RCksam

 1                     AMENDMENT TO SENATE BILL 85
 2        AMENDMENT NO.     .  Amend Senate Bill  85  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Consumer Fraud and Deceptive Business
 5    Practices Act is amended by adding Section 2JJ as follows:

 6        (815 ILCS 505/2JJ new)
 7        Sec. 2JJ. Shoppers club information.
 8        (a)  It is an unlawful practice for any person who is  an
 9    officer,  manager,  or  employee  of  a merchant to knowingly
10    disclose to a person  other  than  the  merchant's  officers,
11    managers,  employees,  vendors, agents, or consultants either
12    (i) the identity of  an  applicant  to,  or  member  of,  the
13    merchant's  shoppers  club  or (ii) the identity of a shopper
14    club member's actual purchases  of  merchandise,  unless  the
15    applicant   or   member   consents  to  the  disclosure.   An
16    applicant's or member's consent is presumed if the  applicant
17    or  member  is  given  the  written opportunity to retain the
18    non-disclosure rights provided for in this Section but  fails
19    to so affirmatively direct.
20        (b)  For purposes of this Section:
21        "Merchandise"   means   any  item  of  tangible  personal
22    property.
 
                            -2-              LRB9101780RCksam
 1        "Merchant" means an  owner  or  operator  of  any  retail
 2    mercantile  establishment  and includes but is not limited to
 3    any corporation, including parent,  subsidiaries  and  sister
 4    companies,  partnerships,  sole  proprietorship, or any other
 5    form of business entity.
 6        "Retail  mercantile  establishment"  means   any   place,
 7    including  Internet  web  sites, where merchandise is sold or
 8    offered for sale at retail to persons who are  members  of  a
 9    merchant's shoppers club.
10        "Shoppers  club"  means a membership in a discount buying
11    program in which the purchaser is given a  reduction  in  the
12    price of the merchandise by displaying a card that, when used
13    with  an electronic scanning device or sales recording device
14    at the time of the purchase of the merchandise, displays  the
15    discount price of the merchandise.
16        (c)  Nothing   in  this  Section  precludes  the  use  or
17    distribution to any person of any compilation,  in  aggregate
18    form,   of  information  obtained  by  a  merchant  from  its
19    operation of a shoppers club.
20        (d)  The provisions of Section 10a of  this  Act  do  not
21    apply to a violation of this Section.".

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