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91_SB1552
LRB9111783WHgcA
1 AN ACT in relation to credit card marketing information
2 disclosure.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Credit Card Marketing Information Disclosure Act.
7 Section 5. Definitions. As used in this Act:
8 "Cardholder" means the person or organization named on
9 the face of a credit card to whom or for whose benefit the
10 credit card or debit card is issued by a credit card issuer.
11 "Credit card" means any instrument or device, whether
12 known as a credit card, credit plate, charge plate, or any
13 other name, issued with or without fee by a credit card
14 issuer for the use of the cardholder in obtaining money,
15 goods, services, or anything else of value on credit or in
16 consideration or an undertaking or guaranty by the issuer of
17 the payment of a check drawn by the cardholder.
18 "Marketing information" means the categorization of
19 cardholders compiled by a credit card issuer, based on a
20 cardholder's shopping patterns, spending history, or
21 behavioral characteristics derived from account activity
22 which is provided to a marketer of goods or services or a
23 subsidiary or affiliate organization of the company that
24 collects the information for consideration. "Marketing
25 information" does not include aggregate data which does not
26 identify a cardholder based on the cardholder's shopping
27 patterns, spending history, or behavioral characteristics
28 derived from account activity or any communications to any
29 person in connection with any transfer, processing, billing,
30 collection, chargeback, fraud prevention, credit card
31 recovery, or acquisition of or for credit card accounts.
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1 Section 10. Marketing information disclosure; notice.
2 If the credit card issuer discloses marketing information
3 concerning a cardholder to any person, the credit card issuer
4 shall provide a written notice to the cardholder that clearly
5 and conspicuously describes the cardholder's right to
6 prohibit the disclosure of marketing information concerning
7 the cardholder which discloses the cardholder's identity.
8 The notice shall be in 10-point type and shall advise the
9 cardholder of their ability to respond either by completing a
10 preprinted form or a toll-free telephone number that the
11 cardholder may call to exercise this right.
12 The requirements of this Section shall be satisfied by
13 furnishing the notice to the cardholder:
14 (1) At least 60 days prior to the initial disclosure
15 of marketing information concerning the cardholder by the
16 credit card issuer.
17 (2) For all new credit cards issued on or after
18 January 1, 2001, on the form containing the new credit
19 card when the credit card is delivered to the cardholder.
20 (3) At least once per calendar year, to every
21 cardholder entitled to receive an annual statement of
22 billing rights pursuant to 12 C.F.R. 226.9 (Regulation
23 Z).
24 The notice required by this Section may be included on or
25 with any periodic statement or with the delivery of the
26 renewal card.
27 Section 15. Election to prohibit disclosure. The
28 cardholder's election to prohibit disclosure of marketing
29 information shall be effective only with respect to marketing
30 information that is disclosed to any party beginning 30 days
31 after the credit card issuer has received, at the designated
32 address on the form containing the new credit card or on the
33 preprinted form, or by telephone, the cardholder's election
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1 to prohibit disclosure. This does not apply to the
2 disclosure of marketing information prior to the cardholder's
3 notification to the credit card issuer of the cardholder's
4 election.
5 An election to prohibit disclosure of marketing
6 information shall terminate upon receipt by the credit card
7 issuer of notice from the cardholder that the cardholder's
8 election to prohibit disclosure is no longer effective.
9 Section 20. Exceptions. The requirements of this Act do
10 not apply to any of the following communications of marketing
11 information by a credit card issuer:
12 (1) Communications to any party to, or merchant
13 specified in, the credit card agreement, or to any person
14 whose name appears on the credit card or on whose behalf
15 the credit card is issued.
16 (2) Communications to consumer credit reporting
17 agencies.
18 (3) To the extent that the Fair Credit Reporting Act
19 preempts the requirements of this Section as to
20 communication by a credit card issuer to a corporate
21 subsidiary or affiliate, the credit card issuer may
22 communicate information about a cardholder to a corporate
23 subsidiary or affiliate to the extent and in the manner
24 permitted under that act.
25 (4) Communications to a third party when the third
26 party is responsible for conveying information from the
27 card issuer to any of its cardholders.
28 Section 25. Federal requirements. If the laws of the
29 United States require disclosure to cardholders regarding
30 the use of personal information, compliance with the federal
31 requirements shall be deemed to be compliance with this Act.
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1 Section 30. Violations. Any person who knowingly
2 violates this Act commits an unlawful practice within the
3 meaning of the Consumer Fraud and Deceptive Business
4 Practices Act.
5 Section 90. The Consumer Fraud and Deceptive Business
6 Practices Act is amended by changing Section 2Z as follows:
7 (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
8 Sec. 2Z. Violations of other Acts. Any person who
9 knowingly violates the Automotive Repair Act, the Home Repair
10 and Remodeling Act, the Dance Studio Act, the Physical
11 Fitness Services Act, the Hearing Instrument Consumer
12 Protection Act, the Illinois Union Label Act, the Job
13 Referral and Job Listing Services Consumer Protection Act,
14 the Travel Promotion Consumer Protection Act, the Credit
15 Services Organizations Act, the Automatic Telephone Dialers
16 Act, the Pay-Per-Call Services Consumer Protection Act, the
17 Telephone Solicitations Act, the Illinois Funeral or Burial
18 Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed
19 Act, the Pre-Need Cemetery Sales Act, or the Electronic Mail
20 Act, or the Credit Card Marketing Information Disclosure Act
21 commits an unlawful practice within the meaning of this Act.
22 (Source: P.A. 90-426, eff. 1-1-98; 91-164, eff. 7-16-99;
23 91-230, eff.1-1-00; 91-233, eff. 1-1-00; revised 8-9-99.)
24 Section 99. Effective date. This Act takes effect on
25 January 1, 2001.