99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
Introduced , by Rep. Jaime M. Andrade, Jr.
SYNOPSIS AS INTRODUCED:
Amends the Consumer Fraud and Deceptive Business Practices Act.
Provides that it is an unlawful practice to include in a contract for the
sale or lease of consumer goods or services a provision that requires a
consumer to waive his or her right to make any statement regarding the
consumer's experience with the business. Establishes civil penalties and
provides for the deposit of civil penalties into the Attorney General Court
Ordered and Voluntary Compliance Payment Projects Fund.
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A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2TTT as follows:
(815 ILCS 505/2TTT new)
Consumer experience statements.
(a) It is an unlawful practice to include in a contract or
proposed contract for the sale or lease of consumer goods or
services any provision requiring the consumer to waive his or
her right to make any statement regarding the consumer's
experience with the business.
(b) It is an unlawful practice to threaten or seek to
enforce a provision prohibited under subsection (a) or to
otherwise penalize a consumer for making such a statement
unless the waiver of the right was knowing, voluntary, and
(c) The party that drafted the waiver provision has the
burden of proving that the waiver was knowing, voluntary, and
(d) A provision that violates this Section is
unconscionable and against public policy. Any waiver of the
provisions of this Section is contrary to public policy and is