Bill Text: IL SB3102 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to offer to consumers at retail a rebate made on a stored-value card that charges dormancy fees or other post-issuance fees. Defines terms.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Enrolled - Dead) 2019-02-07 - Sent to the Governor [SB3102 Detail]
Download: Illinois-2017-SB3102-Engrossed.html
Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to offer to consumers at retail a rebate made on a stored-value card that charges dormancy fees or other post-issuance fees. Defines terms.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Enrolled - Dead) 2019-02-07 - Sent to the Governor [SB3102 Detail]
Download: Illinois-2017-SB3102-Engrossed.html
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| 1 | AN ACT concerning business.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Consumer Fraud and Deceptive Business | ||||||
| 5 | Practices Act is amended by changing Section 2LLL as follows:
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| 6 | (815 ILCS 505/2LLL) | ||||||
| 7 | Sec. 2LLL. Retail rebates. | ||||||
| 8 | (a) In this Section, "rebate card" means a card, code, or | ||||||
| 9 | other device that is issued both (i) to a consumer in | ||||||
| 10 | connection with the consumer's purchase of a product or service | ||||||
| 11 | and the consumer's completion of the rebate submission process | ||||||
| 12 | as part of a rebate program operated or administered by a | ||||||
| 13 | merchant or product manufacturer and (ii) on a prepaid basis | ||||||
| 14 | primarily for personal, family, or household purposes to a | ||||||
| 15 | consumer in a specified amount, whether or not that amount may | ||||||
| 16 | be increased or reloaded, and is redeemable upon presentation | ||||||
| 17 | at multiple unaffiliated merchants for goods or services or | ||||||
| 18 | usable at automated teller machines. "Rebate card" does not | ||||||
| 19 | include (i) a payroll card as defined in the Illinois Wage | ||||||
| 20 | Payment and Collection Act, (ii) a gift card as defined in the | ||||||
| 21 | Revised Uniform Unclaimed Property Act, (iii) a stored-value | ||||||
| 22 | card, as defined in the Revised Uniform Unclaimed Property Act, | ||||||
| 23 | that is not issued to a consumer in connection with (1) the | ||||||
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| 1 | consumer's purchase of a product or service and (2) the | ||||||
| 2 | consumer's completion of the rebate submission process as part | ||||||
| 3 | of a rebate program operated or administered by a merchant or | ||||||
| 4 | product manufacturer, or (iv) in-store credit for returned | ||||||
| 5 | merchandise redeemable for merchandise, goods, or services | ||||||
| 6 | upon presentation at a single merchant or an affiliated group | ||||||
| 7 | of merchants. | ||||||
| 8 | (b) Any person who offers a rebate to consumers at retail | ||||||
| 9 | on any merchandise must conspicuously display and clearly | ||||||
| 10 | disclose to the consumer the type of rebate being offered, | ||||||
| 11 | whether additional fees may apply on the rebate offered, and | ||||||
| 12 | the form of remittance that will be provided to the consumer. | ||||||
| 13 | (c) It is an unlawful practice within the meaning of this | ||||||
| 14 | Act for any person to offer to consumers at retail a rebate | ||||||
| 15 | when the rebate is made on a rebate card that charges dormancy | ||||||
| 16 | fees or other post-issuance fees, except fees for card | ||||||
| 17 | replacement. | ||||||
| 18 | (d) Any person who violates this Section commits an | ||||||
| 19 | unlawful practice within the meaning of this Act.
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| 20 | (Source: P.A. 97-308, eff. 1-1-12.)
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