State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB85 Enrolled                                  LRB9101780RCpk

 1        AN ACT to amend the Consumer Fraud and Deceptive Business
 2    Practices Act by adding Section 2JJ.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Consumer  Fraud and Deceptive Business
 6    Practices Act is amended by adding Section 2JJ as follows:

 7        (815 ILCS 505/2JJ new)
 8        Sec. 2JJ. Shoppers club information.
 9        (a)  It is an unlawful practice for any person who is  an
10    officer,  manager,  or  employee  of  a merchant to knowingly
11    disclose to a person  other  than  the  merchant's  officers,
12    managers,  employees,  vendors, agents, or consultants either
13    (i) the identity of  an  applicant  to,  or  member  of,  the
14    merchant's  shoppers  club  or (ii) the identity of a shopper
15    club member's actual purchases  of  merchandise,  unless  the
16    applicant   or   member   consents  to  the  disclosure.   An
17    applicant's or member's consent is presumed if the  applicant
18    or  member  is  given  the  written opportunity to retain the
19    non-disclosure rights provided for in this Section but  fails
20    to so affirmatively direct.
21        (b)  For purposes of this Section:
22        "Merchandise"   means   any  item  of  tangible  personal
23    property.
24        "Merchant" means an  owner  or  operator  of  any  retail
25    mercantile  establishment  and includes but is not limited to
26    any corporation, including parent,  subsidiaries  and  sister
27    companies,  partnerships,  sole  proprietorship, or any other
28    form of business entity.
29        "Retail  mercantile  establishment"  means   any   place,
30    including  Internet  web  sites, where merchandise is sold or
31    offered for sale at retail to persons who are  members  of  a
SB85 Enrolled               -2-                LRB9101780RCpk
 1    merchant's shoppers club.
 2        "Shoppers  club"  means a membership in a discount buying
 3    program in which the purchaser is given a  reduction  in  the
 4    price of the merchandise by displaying a card that, when used
 5    with  an electronic scanning device or sales recording device
 6    at the time of the purchase of the merchandise, displays  the
 7    discount price of the merchandise.
 8        (c)  Nothing   in  this  Section  precludes  the  use  or
 9    distribution to any person of any compilation,  in  aggregate
10    form,   of  information  obtained  by  a  merchant  from  its
11    operation of a shoppers club.
12        (d)  The provisions of Section 10a of  this  Act  do  not
13    apply to a violation of this Section.

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