State of Illinois
92^nd General Assembly
Legislation

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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  for
25    any  person who conducts a retail transaction or negotiations
26    related to a retail transaction  in  a  language  other  than
27    English  to fail to give each consumer prior to entering into
28    any contract or any other written agreement with  respect  to
29    said transaction, an unexecuted copy of the contract or other
30    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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