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Public Act 095-0525


 

Public Act 0525 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0525
 
HB0369 Enrolled LRB095 05251 LCT 25328 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing and renumbering Section
2QQ, as added by Public Act 93-945, as follows:
 
    (815 ILCS 505/2SS)
    Sec. 2SS 2QQ. Gift certificates.
    (a) "Gift certificate" means a record evidencing a promise,
made for consideration, by the seller or issuer of the record
that goods or services will be provided to the holder of the
record for the value shown in the record and includes, but is
not limited to, a record that contains a microprocessor chip,
magnetic stripe or other means for the storage of information
that is prefunded and for which the value is decremented upon
each use, a gift card, an electronic gift card, stored-value
card or certificate, a store card or a similar record or card.
For purposes of this Act, the term "gift certificate" does not
include any of the following:
        (i) prepaid telecommunications and technology cards
    including, but not limited to, prepaid telephone calling
    cards, prepaid technical support cards, and prepaid
    Internet disks that are distributed to or purchased by a
    consumer;
        (ii) prepaid telecommunications and technology cards
    including, but not limited to, prepaid telephone calling
    cards, prepaid technical support cards, and prepaid
    Internet disks that are provided to a consumer pursuant to
    any award, loyalty, or promotion program without any money
    or other thing of value being given in exchange for the
    card; or
        (iii) any gift certificate usable with multiple
    sellers of goods or services.
    (b) On or after January 1, 2008, no person shall sell a
gift certificate that is subject to: (1) an expiration date
earlier than 5 years after the date of issuance; or (2) a
post-purchase fee. Any gift certificate issued prior to January
1, 2008 that is subject to a fee must contain a statement
clearly and conspicuously printed on the gift certificate
stating whether there is a fee, the amount of the fee, how
often the fee will occur, that the fee is triggered by
inactivity of the gift certificate, and at what point the fee
will be charged. The statement may appear on the front or back
of the gift certificate in a location where it is visible to
any purchaser prior to the purchase.
    (c) The face value of a gift certificate issued on or after
January 1, 2008 may not be reduced in value and the holder of a
gift certificate issued after January 1, 2008 may not be
penalized in any way for non-use or untimely redemption of the
gift certificate. Any gift certificate issued prior to January
1, 2008 that is subject to an expiration date must contain a
statement clearly and conspicuously printed on the gift
certificate stating the expiration date. The statement may
appear on the front or back of the gift certificate in a
location where it is visible to any purchaser prior to the
purchase.
    (d) Subsection (c) does not apply to any gift certificate
issued prior to January 1, 2008 that contains a toll free phone
number and a statement clearly and conspicuously printed on the
gift certificate stating that holders can call the toll free
number to find out the balance on the gift certificate, if
applicable, and the expiration date. The toll free number and
statement may appear on the front or back of the gift
certificate in a location where it is visible to any purchaser
prior to the purchase.
    (e) This Section does not apply to any of the following
gift certificates:
        (i) Gift certificates that are distributed by the
    issuer to a consumer pursuant to an awards, loyalty, or
    promotional program without any money or thing of value
    being given in direct exchange or solely for the gift
    certificate by the consumer.
        (ii) Gift certificates that are sold below face value
    at a volume discount to employers or to nonprofit and
    charitable organizations for fundraising purposes if the
    expiration date on those gift certificates is not more than
    30 days after the date of sale.
        (iii) Gift certificates that are issued for a food
    product.
(Source: P.A. 93-945, eff. 1-1-05; revised 11-10-04.)
 
    Section 99. Effective date. This Act takes effect January
1, 2008.

Effective Date: 1/1/2008