State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 002 ]




 1                    AMENDMENT TO SENATE BILL 368

 2        AMENDMENT NO.     .  Amend Senate Bill 368  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Credit Card Liability Act is amended by
 5    changing the title of the Act and Sections 0.01, 1, and 2  as
 6    follows:

 7        (815 ILCS 145/Act title)
 8        An  Act defining and limiting the liability of persons in
 9    whose names credit cards and debit cards are issued.

10        (815 ILCS 145/0.01) (from Ch. 17, par. 6100)
11        Sec. 0.01.  Short title.  This Act may be  cited  as  the
12    Credit Card and Debit Card Liability Act.
13    (Source: P.A. 86-1324.)

14        (815 ILCS 145/1) (from Ch. 17, par. 6101)
15        Sec. 1.  Unsolicited cards; liability.
16        (a)  No  person in whose name a credit card or debit card
17    is issued without his having requested  or  applied  for  the
18    card or for the extension of the credit or establishment of a
19    charge  account or other account which that card evidences is
20    liable to the issuer of the card for any  purchases  made  or
                            -2-              LRB9204197JSpcam
 1    other  amounts owing by a use of that card from which he or a
 2    member of his family or household derive no benefit unless he
 3    has indicated his acceptance of the card by signing or  using
 4    the  card  or by permitting or authorizing use of the card by
 5    another. A mere failure to destroy or return  an  unsolicited
 6    card  is not such an indication. As used in this Act, "credit
 7    card" and "debit card" have has the meanings meaning ascribed
 8    to those terms it in Section 2.03 of the Illinois Credit Card
 9    and Debit Card Act, except that the  terms  do  it  does  not
10    include  a  card  issued  by  any  telephone  company that is
11    subject to supervision or regulation by the Illinois Commerce
12    Commission or other public authority.
13        (b)  When an action is brought by an issuer  against  the
14    person  named on the card, the burden of proving the request,
15    application, authorization, permission, use or benefit as set
16    forth in Section 1 hereof shall be upon plaintiff if  put  in
17    issue  by  defendant. In the event of judgment for defendant,
18    the court shall allow defendant a reasonable attorney's  fee,
19    to be taxed as costs.
20    (Source: P.A. 78-777.)

21        (815 ILCS 145/2) (from Ch. 17, par. 6102)
22        Sec. 2.  Requested or accepted cards; liability.
23        (a)  Notwithstanding that a person in whose name a credit
24    card  or  debit card has been issued has requested or applied
25    for  such  card  or  has  indicated  his  acceptance  of   an
26    unsolicited credit card or debit card, as provided in Section
27    1  hereof,  such  person  shall  not  be liable to the issuer
28    unless the card issuer has given notice to such person of his
29    potential liability, on  the  card  or  within  2  two  years
30    preceding  such  use,  and  has  provided such person with an
31    addressed notification requiring no postage  to  be  paid  by
32    such  person  which  may  be mailed in the event of the loss,
33    theft, or possible unauthorized use of  the  credit  card  or
                            -3-              LRB9204197JSpcam
 1    debit  card,  and  such  person  shall  not be liable for any
 2    amount in excess of the  applicable  amount  hereinafter  set
 3    forth,  resulting from unauthorized use of that card prior to
 4    notification to the  card  issuer  of  the  loss,  theft,  or
 5    possible unauthorized use of that card:
 6        Card without a signature panel.....................$25.00
 7        Card with a signature panel........................$50.00
 8        After  the  holder of the credit card or debit card gives
 9    notice to the issuer that a credit card or debit card is lost
10    or stolen he is not liable  for  any  amount  resulting  from
11    unauthorized use of the card.
12        (b)  When  an  action is brought by an issuer against the
13    person named on a card, issuance of which has been requested,
14    applied for, solicited or  accepted  and  defendant  puts  in
15    issue  any transaction arising from the use of such card, the
16    burden of proving benefit, authorization, use, or  permission
17    by  defendant as to such transaction shall be upon plaintiff.
18    In  the  event  defendant  prevails  with  respect   to   any
19    transaction  so put in issue, the court may enter as a credit
20    against any judgment for plaintiff,  or  as  a  judgment  for
21    defendant,  a  reasonable  attorney's  fee  for  services  in
22    connection  with  the  transaction  in  respect  of which the
23    defendant prevails.
24    (Source: P.A. 77-1637.)".

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