101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2472

 

Introduced , by Rep. Kelly M. Burke

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/10b  from Ch. 121 1/2, par. 270b

    Amends the Consumer Fraud and Deceptive Business Practices Act. Excludes from provisions of the Act making the Act inapplicable to actions or transactions specifically authorized by laws administered by a regulatory body or officer, the manufacture, distribution, or sale of a product that causes or contributes to cause bodily injury, death, or property damage. Effective immediately.


LRB101 07152 JLS 52190 b

 

 

A BILL FOR

 

HB2472LRB101 07152 JLS 52190 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by changing Section 10b as follows:
 
6    (815 ILCS 505/10b)  (from Ch. 121 1/2, par. 270b)
7    (Text of Section WITHOUT the changes made by P.A. 89-7,
8which has been held unconstitutional)
9    Sec. 10b. Nothing in this Act shall apply to any of the
10following:
11    (1) Actions or transactions specifically authorized by
12laws administered by any regulatory body or officer acting
13under statutory authority of this State or the United States;
14however, notwithstanding any action or approval by a regulatory
15body or officer acting under statutory authority of this State
16or the United States, the manufacture, distribution, or sale of
17a product that causes or contributes to cause bodily injury,
18death, or property damage is not an action or transaction
19"specifically authorized" within the meaning of this item (1).
20    (2) The provisions of "An act to protect trademark owners,
21distributors, and the public against injurious and uneconomic
22practices in the distribution of articles of standard quality
23under a trademark, brand or name," approved July 8, 1935, as

 

 

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1amended.
2    (3) Acts done by the publisher, owner, agent, or employee
3of a newspaper, periodical or radio or television station in
4the publication or dissemination of an advertisement, when the
5owner, agent or employee did not have knowledge of the false,
6misleading or deceptive character of the advertisement, did not
7prepare the advertisement, or did not have a direct financial
8interest in the sale or distribution of the advertised product
9or service.
10    (4) The communication of any false, misleading or deceptive
11information, provided by the seller of real estate located in
12Illinois, by a real estate salesman or broker licensed under
13"The Real Estate Brokers License Act", unless the salesman or
14broker knows of the false, misleading or deceptive character of
15such information. This provision shall be effective as to any
16communication, whenever occurring.
17    (5) (Blank). This item (5)
18    (6) The communication of any false, misleading, or
19deceptive information by an insurance producer, registered
20firm, or limited insurance representative, as those terms are
21defined in the Illinois Insurance Code, or by an insurance
22agency or brokerage house concerning the sale, placement,
23procurement, renewal, binding, cancellation of, or terms of any
24type of insurance or any policy of insurance unless the
25insurance producer has actual knowledge of the false,
26misleading, or deceptive character of the information. This

 

 

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1provision shall be effective as to any communications, whenever
2occurring. This item (6) applies to all causes of action that
3accrue on or after the effective date of this amendatory Act of
41995.
5(Source: P.A. 84-894; 89-152, eff. 1-1-96; revised 1-22-98.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.