Bill Text: IL HB3363 | 2015-2016 | 99th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to include in a contract for the sale or lease of consumer goods or services a provision that requires a consumer to waive his or her right to make any statement regarding the consumer's experience with the business. Establishes civil penalties and provides for the deposit of civil penalties into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Passed) 2016-08-12 - Public Act . . . . . . . . . 99-0760 [HB3363 Detail]

Download: Illinois-2015-HB3363-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3363 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
815 ILCS 505/2TTT new
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to include in a contract for the sale or lease of consumer goods or services a provision that requires a consumer to waive his or her right to make any statement regarding the consumer's experience with the business. Establishes civil penalties and provides for the deposit of civil penalties into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund.
LRB099 09473 JLS 29681 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3363 LRB099 09473 JLS 29681 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2TTT as follows:
(815 ILCS 505/2TTT new)
Sec. 2TTT. Consumer experience statements.
(a) It is an unlawful practice to include in a contract or
proposed contract for the sale or lease of consumer goods or
services any provision requiring the consumer to waive his or
her right to make any statement regarding the consumer's
experience with the business.
(b) It is an unlawful practice to threaten or seek to
enforce a provision prohibited under subsection (a) or to
otherwise penalize a consumer for making such a statement
unless the waiver of the right was knowing, voluntary, and
intelligent.
(c) The party that drafted the waiver provision has the
burden of proving that the waiver was knowing, voluntary, and
intelligent.
(d) A provision that violates this Section is
unconscionable and against public policy. Any waiver of the
provisions of this Section is contrary to public policy and is

HB3363 - 2 - LRB099 09473 JLS 29681 b
void and unenforceable.
(e) A person who violates this Section is subject to a
civil penalty not to exceed $2,500 for the first violation and
$5,000 for each subsequent violation. Money collected under
this Section shall be deposited into the Attorney General Court
Ordered and Voluntary Compliance Payment Projects Fund.
(f) The penalty provided under this Section is not an
exclusive remedy and does not affect any other relief or remedy
provided by law.