HB4922ham001 100TH GENERAL ASSEMBLY

Rep. Theresa Mah

Filed: 4/17/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4922

2    AMENDMENT NO. ______. Amend House Bill 4922 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by changing Section 2LLL as follows:
 
6    (815 ILCS 505/2LLL)
7    Sec. 2LLL. Retail rebates.
8    (a) In this Section, "rebate card" means a card, code, or
9other device that is issued both (i) to a consumer in
10connection with the consumer's purchase of a product or service
11and the consumer's completion of the rebate submission process
12as part of a rebate program operated or administered by a
13merchant or product manufacturer and (ii) on a prepaid basis
14primarily for personal, family, or household purposes to a
15consumer in a specified amount, whether or not that amount may
16be increased or reloaded, and is redeemable upon presentation

 

 

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1at multiple unaffiliated merchants for goods or services or
2usable at automated teller machines. "Rebate card" does not
3include (i) a payroll card as defined in the Illinois Wage
4Payment and Collection Act, (ii) a gift card as defined in the
5Revised Uniform Unclaimed Property Act, (iii) a stored-value
6card, as defined in the Revised Uniform Unclaimed Property Act,
7that is not issued to a consumer in connection with (1) the
8consumer's purchase of a product or service and (2) the
9consumer's completion of the rebate submission process as part
10of a rebate program operated or administered by a merchant or
11product manufacturer, or (iv) in-store credit for returned
12merchandise redeemable for merchandise, goods, or services
13upon presentation at a single merchant or an affiliated group
14of merchants.
15    (b) Any person who offers a rebate to consumers at retail
16on any merchandise must conspicuously display and clearly
17disclose to the consumer the type of rebate being offered,
18whether additional fees may apply on the rebate offered, and
19the form of remittance that will be provided to the consumer.
20    (c) It is an unlawful practice within the meaning of this
21Act for any person to offer to consumers at retail a rebate
22when the rebate is made on a rebate card that charges dormancy
23fees or other post-issuance fees, except fees for card
24replacement.
25    (d) Any person who violates this Section commits an
26unlawful practice within the meaning of this Act.

 

 

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1(Source: P.A. 97-308, eff. 1-1-12.)".