Full Text of HB4698 98th General Assembly
HB4698 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4698 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
| 815 ILCS 510/2 | from Ch. 121 1/2, par. 312 |
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Amends the Uniform Deceptive Trade Practices Act. Includes within the scope of the Act knowingly making a false or misleading statement in a privacy policy published on the Internet or otherwise distributed or published regarding the use of personal information submitted by members of the public.
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| | A BILL FOR |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Uniform Deceptive Trade Practices Act is | 5 | | amended by changing Section 2 as follows:
| 6 | | (815 ILCS 510/2) (from Ch. 121 1/2, par. 312)
| 7 | | Sec. 2. Deceptive trade practices.
| 8 | | (a) A person engages in a deceptive trade practice when, in | 9 | | the course
of his or her business, vocation, or occupation, the | 10 | | person:
| 11 | | (1) passes off goods or services as those of another;
| 12 | | (2) causes likelihood of confusion or of | 13 | | misunderstanding as to the
source, sponsorship, approval, | 14 | | or certification of goods or services;
| 15 | | (3) causes likelihood of confusion or of | 16 | | misunderstanding as to
affiliation, connection, or | 17 | | association with or certification by another;
| 18 | | (4) uses deceptive representations or designations of | 19 | | geographic origin
in connection with goods or services;
| 20 | | (5) represents that goods or services have | 21 | | sponsorship, approval,
characteristics, ingredients, uses, | 22 | | benefits, or quantities that they do
not have or that a | 23 | | person has a sponsorship, approval, status, affiliation,
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| 1 | | or connection that he or she does not have;
| 2 | | (6) represents that goods are original or new if they | 3 | | are deteriorated,
altered, reconditioned, reclaimed, used, | 4 | | or secondhand;
| 5 | | (7) represents that goods or services are of a | 6 | | particular standard,
quality, or grade or that goods are a | 7 | | particular style or model, if they
are of another;
| 8 | | (8) disparages the goods, services, or business of | 9 | | another by false
or misleading representation of fact;
| 10 | | (9) advertises goods or services with intent not to | 11 | | sell them as
advertised;
| 12 | | (10) advertises goods or services with intent not to | 13 | | supply reasonably
expectable public demand, unless the | 14 | | advertisement discloses a limitation
of quantity;
| 15 | | (11) makes false or misleading statements of fact | 16 | | concerning
the reasons for, existence of, or amounts of | 17 | | price reductions;
| 18 | | (12) engages in any other conduct which similarly | 19 | | creates a likelihood
of confusion or misunderstanding ; .
| 20 | | (13) knowingly makes a false or misleading statement in | 21 | | a disclosure of practices regarding uses of information | 22 | | collected in connection with a privacy policy, published on | 23 | | the Internet or otherwise distributed or published, | 24 | | regarding the use of personal information submitted by | 25 | | members of the public. | 26 | | (b) In order to prevail in an action under this Act, a |
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| 1 | | plaintiff
need not prove competition between the parties or | 2 | | actual confusion or
misunderstanding.
| 3 | | (c) This Section does not affect unfair trade practices | 4 | | otherwise
actionable at common law or under other statutes of | 5 | | this State.
| 6 | | (Source: P.A. 92-16, eff. 6-28-01)
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