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| Public Act 101-0025 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Consumer Fraud and Deceptive Business | ||||
Practices Act is amended by changing Section 10b as follows:
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(815 ILCS 505/10b) (from Ch. 121 1/2, par. 270b)
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(Text of Section WITHOUT the changes made by P.A. 89-7, | ||||
which has been held
unconstitutional)
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Sec. 10b. Nothing in this Act shall apply to any of the | ||||
following:
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(1) Actions or transactions specifically authorized by | ||||
laws administered
by any regulatory body or officer acting | ||||
under statutory authority of this
State or the United States; | ||||
however, notwithstanding any action or approval by a regulatory | ||||
body or officer acting under statutory authority of this State | ||||
or the United States, the manufacture, distribution, or sale of | ||||
a product or service that causes or contributes to cause bodily | ||||
injury, death, or property damage is not an action or | ||||
transaction "specifically authorized" within the meaning of | ||||
this item (1).
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(2) The provisions of "An act to protect trademark owners, | ||||
distributors,
and the public against injurious and uneconomic | ||||
practices in the
distribution of articles of standard quality | ||||
under a trademark, brand or
name," approved July 8, 1935, as | ||
amended.
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(3) Acts done by the publisher, owner, agent, or employee | ||
of a
newspaper, periodical or radio or television station in | ||
the publication or
dissemination of an advertisement, when the | ||
owner, agent or employee did
not have knowledge of the false, | ||
misleading or deceptive character of the
advertisement, did not | ||
prepare the advertisement, or did not have a direct
financial | ||
interest in the sale or distribution of the advertised product | ||
or
service.
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(4) The communication of any false, misleading or deceptive | ||
information,
provided by the seller of real estate located in | ||
Illinois, by a real estate
salesman or broker licensed under | ||
"The Real Estate Brokers License Act",
unless the salesman or | ||
broker knows of the false, misleading or deceptive
character of | ||
such information. This provision shall be effective as to any
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communication, whenever occurring.
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(5) (Blank).
This item (5)
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(6) The communication of any false, misleading, or | ||
deceptive information by
an insurance producer, registered | ||
firm, or limited insurance representative,
as those terms are | ||
defined in the Illinois Insurance Code, or by an insurance
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agency or brokerage house concerning the sale, placement, | ||
procurement, renewal,
binding, cancellation of, or terms of any | ||
type of insurance or any policy of
insurance unless the | ||
insurance producer has actual knowledge of
the false, | ||
misleading, or deceptive character of the information. This
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provision shall be effective as to any communications, whenever | ||
occurring.
This item (6) applies to all causes of action that | ||
accrue on or after the
effective date of this amendatory Act of | ||
1995.
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(Source: P.A. 84-894; 89-152, eff. 1-1-96; revised 1-22-98.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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