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91_SB1343
LRB9111279RCpkA
1 AN ACT to amend the Consumer Fraud and Deceptive Business
2 Practices Act by changing 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 changing Section 2JJ as follows:
7 (815 ILCS 505/2JJ)
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 (a-5) It is an unlawful practice for a retail mercantile
22 establishment to require any person to join a shoppers club
23 or to obtain or use a shoppers club card to receive a
24 discount price.
25 (b) For purposes of this Section:
26 "Merchandise" means any item of tangible personal
27 property.
28 "Merchant" means an owner or operator of any retail
29 mercantile establishment and includes but is not limited to
30 any corporation, including parent, subsidiaries and sister
31 companies, partnerships, sole proprietorship, or any other
-2- LRB9111279RCpkA
1 form of business entity.
2 "Retail mercantile establishment" means any place,
3 including Internet web sites, where merchandise is sold or
4 offered for sale at retail to persons who are members of a
5 merchant's shoppers club.
6 "Shoppers club" means a membership in a discount buying
7 program in which the purchaser is given a reduction in the
8 price of the merchandise by displaying a card that, when used
9 with an electronic scanning device or sales recording device
10 at the time of the purchase of the merchandise, displays the
11 discount price of the merchandise.
12 (c) Except, as otherwise provided in subsection (a-5),
13 nothing in this Section precludes the use or distribution to
14 any person of any compilation, in aggregate form, of
15 information obtained by a merchant from its operation of a
16 shoppers club.
17 (d) The provisions of Section 10a of this Act do not
18 apply to a violation of this Section.
19 (Source: P.A. 91-348, eff. 1-1-00.)