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Rep. Theresa Mah
Filed: 4/17/2018
| | 10000HB4922ham001 | | LRB100 20504 JLS 38560 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4922
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4922 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Consumer Fraud and Deceptive Business |
| 5 | | Practices Act is amended by changing Section 2LLL as follows:
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| 6 | | (815 ILCS 505/2LLL) |
| 7 | | Sec. 2LLL. Retail rebates. |
| 8 | | (a) In this Section, "rebate card" means a card, code, or |
| 9 | | other device that is issued both (i) to a consumer in |
| 10 | | connection with the consumer's purchase of a product or service |
| 11 | | and the consumer's completion of the rebate submission process |
| 12 | | as part of a rebate program operated or administered by a |
| 13 | | merchant or product manufacturer and (ii) on a prepaid basis |
| 14 | | primarily for personal, family, or household purposes to a |
| 15 | | consumer in a specified amount, whether or not that amount may |
| 16 | | be increased or reloaded, and is redeemable upon presentation |
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| | 10000HB4922ham001 | - 2 - | LRB100 20504 JLS 38560 a |
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| 1 | | at multiple unaffiliated merchants for goods or services or |
| 2 | | usable at automated teller machines. "Rebate card" does not |
| 3 | | include (i) a payroll card as defined in the Illinois Wage |
| 4 | | Payment and Collection Act, (ii) a gift card as defined in the |
| 5 | | Revised Uniform Unclaimed Property Act, (iii) a stored-value |
| 6 | | card, as defined in the Revised Uniform Unclaimed Property Act, |
| 7 | | that is not issued to a consumer in connection with (1) the |
| 8 | | consumer's purchase of a product or service and (2) the |
| 9 | | consumer's completion of the rebate submission process as part |
| 10 | | of a rebate program operated or administered by a merchant or |
| 11 | | product manufacturer, or (iv) in-store credit for returned |
| 12 | | merchandise redeemable for merchandise, goods, or services |
| 13 | | upon presentation at a single merchant or an affiliated group |
| 14 | | of merchants. |
| 15 | | (b) Any person who offers a rebate to consumers at retail |
| 16 | | on any merchandise must conspicuously display and clearly |
| 17 | | disclose to the consumer the type of rebate being offered, |
| 18 | | whether additional fees may apply on the rebate offered, and |
| 19 | | the form of remittance that will be provided to the consumer. |
| 20 | | (c) It is an unlawful practice within the meaning of this |
| 21 | | Act for any person to offer to consumers at retail a rebate |
| 22 | | when the rebate is made on a rebate card that charges dormancy |
| 23 | | fees or other post-issuance fees, except fees for card |
| 24 | | replacement. |
| 25 | | (d) Any person who violates this Section commits an |
| 26 | | unlawful practice within the meaning of this Act.
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