The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
Synopsis As Introduced Amends the Automatic Contract Renewal Act. Changes language to provide that any person, firm, partnership, association, or corporation that sells or offers to sell any products or services for a specified period of time pursuant to a written contract that contains a provision for automatic renewal must provide the recipient of the products or services with clear and conspicuous written notice that the recipient may cancel the contract and the procedures for cancellation. Provides that notice must be given at least 30 days prior to the end of the specified period of time. Provides that if the contract is less than 30 days in duration, the contract must contain a clear and conspicuous written notice of the right to cancel the contract and the procedures for cancellation. Provides that if notice is not given to the recipient any products or services will be deemed an unconditional gift.
Deletes everything after the enacting clause. Inserts provisions substantially similar to those of HB 4450, except: (1) provides that an automatic renewal provision must be disclosed clearly and conspicuously in the contract, including the cancellation procedure; (2) provides that the recipient of the products or services must receive a clear and conspicuous written notice of his or her right to cancel the contract no more than 60 days prior to the end of the specified period of time; (3) provides that any person, firm, partnership, association, or corporation that automatically withdraws or charges a consumer's account for any product or service for a specified period of time shall obtain the consumer's written authorization to continue any automatic withdrawal or charge beyond the specified period; and (4) provides in the Act and the Consumer Fraud and Deceptive Business Practices Act any violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
Deletes everything after the enacting clause. Provides that any person, firm, partnership, association, or corporation that sells or offers to sell any products or services on a contract basis to a consumer for services and goods intended for personal use and consumption and automatically withdraws or charges a consumer's account for a specified term longer than 12 months shall obtain the consumer's written authorization to continue any automatic withdrawal or charge if the contract automatically renews for a term equal to or longer than the original term. Provides that the Act does not apply to banks, trust companies, savings and loan associations, savings banks, credit unions, or foreign banks licensed or organized under the laws of any state or the United States.
Senate Floor Amendment No. 1 Deletes everything after the enacting clause. Inserts provisions substantially similar to the engrossed bill, except provides that any person, firm, partnership, association, or corporation that sells or offers to sell any products or services to a consumer pursuant to a contract, shall: (1) disclose the automatic renewal clause clearly and conspicuously in the contract; (2) notify the consumer in writing of the automatic renewal where such contract term is a specified term of 12 months or more, and where such contract automatically renews for a specified term of more than one month unless the consumer cancels the contract; and (3) provide written notice to the consumer no less than 30 days and no more than 60 days before the cancellation deadline. Deletes language providing that if a contract does not comply with the Act, the automatic renewal provisions are not enforceable by a party who prepared the contract or directed its preparation. Provides that the Automatic Contract Renewal Act does not apply to: (1) business-to-business contracts; (2) banks, trust companies, savings and loan associations, savings banks, or credit unions licensed or organized under the laws of any state or the United States, any foreign bank maintaining a branch or agency licensed or organized under the laws of any state or the United States; or (3) a contract that is extended beyond the original term of the contract as the result of the consumer's initiation of a change in the original contract terms.
Senate Floor Amendment No. 2 Provides that the Act does not apply to any foreign bank maintaining a branch or agency licensed or organized under the laws of any state of the United States, or any subsidiary or affiliate thereof.
This site is maintained for the Illinois General Assembly
by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706
Contact ILGA Webmaster