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|[ Introduced ]||[ Engrossed ]||[ Senate Amendment 001 ]|
|[ Senate Amendment 002 ]|
92_HB1970enr HB1970 Enrolled LRB9206270DJmgA 1 AN ACT in relation to business transactions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Consumer Fraud and Deceptive Business 5 Practices Act is amended by changing Section 2N as follows: 6 (815 ILCS 505/2N) (from Ch. 121 1/2, par. 262N) 7 Sec. 2N. Non-English language transaction. 8 (a) If (i) a person conducts, in a language other than 9 English, a retail transaction or negotiations related to a 10 retail transaction resulting in a written contract and (ii) 11 the consumer used an interpreter other than the retailer or 12 an employee of the retailer in conducting the transaction or 13 negotiations, the retailer must have the consumer and the 14 interpreter sign the following forms: 15 I, (name of consumer), used (name of interpreter) to 16 act as my interpreter during this retail transaction or 17 these negotiations. The obligations of the contract or 18 other written agreement were explained to me in my native 19 language by the interpreter. I understand the contract 20 or other written agreement. 21 (signature of consumer) 22 (relationship of interpreter to consumer) 23 I, (name of interpreter), acted as interpreter 24 during this retail transaction or these negotiations. 25 The obligations of the contract or other written 26 agreement were explained to (name of consumer) in the 27 consumer's native language. I understand the contract or 28 other written agreement. 29 (signature of interpreter) 30 (relationship of interpreter to consumer) 31 (b) If (i) a person conducts, in a language other than HB1970 Enrolled -2- LRB9206270DJmgA 1 English, a retail transaction or negotiations related to a 2 retail transaction resulting in a written contract and (ii) 3 the retailer or an employee of the retailer acted as the 4 consumer's interpreter in conducting the transaction or 5 negotiations, the retailer must have the consumer sign the 6 following form in the consumer's native language (except as 7 provided in subsection (c)): 8 This retail transaction or these negotiations were 9 conducted in (language), which is my native language. I 10 voluntarily choose to have the retailer act as my 11 interpreter during the negotiations. The obligations of 12 the contract or other written agreement were explained to 13 me in my native language. I understand the contract or 14 other written agreement. 15 (signature of consumer) (signature of retailer) 16 (c) If a language that cannot be written is used in the 17 retail transaction or in negotiations related to a retail 18 transaction, then the form set forth in subsection (b) shall 19 be in the English language. 20 (d) If a person used forms substantially similar to the 21 forms prescribed in subsections (a) and (b) in the regular 22 course of business before January 1, 2002, the person may 23 continue to use those forms instead of the forms prescribed 24 in subsections (a) and (b).
It is an unlawful practice for25 any person who conducts a retail transaction or negotiations26 related to a retail transaction in a language other than27 English to fail to give each consumer prior to entering into28 any contract or any other written agreement with respect to29 said transaction, an unexecuted copy of the contract or other30 written agreement in such language.31 (e) The terms of this Section do not apply to 32 transactions made pursuant to a credit card issued to the 33 buyer, whether such card is issued by the seller or by a 34 third party. HB1970 Enrolled -3- LRB9206270DJmgA 1 (Source: P.A. 79-926.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.
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