(720 ILCS 5/17-5.7)
Sec. 17-5.7. Deceptive advertising. (a) Any person, firm, corporation or association or agent or employee
thereof, who, with intent to sell, purchase, or in any wise dispose of, or
to contract with reference to merchandise, securities, real estate,
service, employment, money, credit or anything offered by such person,
firm, corporation or association, or agent or employee thereof, directly or
indirectly, to the public for sale, purchase, loan, distribution, or the
hire of personal services, or with intent to increase the consumption of or
to contract with reference to any merchandise, real estate, securities,
money, credit, loan, service or employment, or to induce the public in any
manner to enter into any obligation relating thereto, or to acquire title
thereto, or an interest therein, or to make any loan, makes, publishes,
disseminates, circulates, or places before the public, or causes, directly
or indirectly, to be made, published, disseminated, circulated, or placed
before the public, in this State, in a newspaper, magazine, or other
publication, or in the form of a book, notice, handbill, poster, sign,
bill, circular, pamphlet, letter, placard, card, label, or over any radio
or television station, or in any other way similar or dissimilar to the
foregoing, an advertisement, announcement, or statement of any sort
regarding merchandise, securities, real estate, money, credit, service,
employment, or anything so offered for use, purchase, loan or sale, or the
interest, terms or conditions upon which such loan will be made to the
public, which advertisement contains any assertion, representation or
statement of fact which is untrue, misleading or deceptive, shall be guilty
of a Class A misdemeanor. (b) Any person, firm or corporation offering for sale merchandise,
commodities or service by making, publishing, disseminating, circulating or
placing before the public within this State in any manner an advertisement
of merchandise, commodities, or service, with the intent, design or purpose
not to sell the merchandise, commodities, or service so advertised at the
price stated therein, or otherwise communicated, or with intent not to sell
the merchandise, commodities, or service so advertised, may be enjoined
from such advertising upon application for injunctive relief by the
State's Attorney or Attorney General, and shall also be guilty of a Class A
misdemeanor. (c) Any person, firm or corporation who makes, publishes,
disseminates, circulates or places before the public, or causes, directly
or indirectly to be made, published, disseminated, circulated or placed
before the public, in this State, in a newspaper, magazine or other
publication published in this State, or in the form of a book, notice,
handbill, poster, sign, bill, circular, pamphlet, letter, placard, card, or
label distributed in this State, or over any radio or television station
located in this State or in any other way in this State similar or
dissimilar to the foregoing, an advertisement, announcement, statement or
representation of any kind to the public relating to the sale, offering for
sale, purchase, use or lease of any real estate in a subdivision located
outside the State of Illinois may be enjoined from such activity upon
application for injunctive relief by the State's
Attorney or Attorney
General and shall also be guilty of a Class A misdemeanor unless such
advertisement, announcement, statement or representation contains or is
accompanied by a clear, concise statement of the proximity of such real
estate in common units of measurement to public schools, public highways,
fresh water supply, public sewers, electric power, stores and shops, and
telephone service or contains a statement that one or more of such
facilities are not readily available, and name those not available. (d) Subsections (a), (b), and (c) do not apply to any medium for the printing,
publishing, or disseminating of advertising, or any owner, agent or
employee thereof, nor to any advertising agency or owner, agent or employee
thereof, nor to any radio or television station, or owner, agent, or
employee thereof, for printing, publishing, or disseminating, or causing to
be printed, published, or disseminated, such advertisement in good faith
and without knowledge of the deceptive character thereof. (e) No person, firm or corporation owning or operating a service station
shall advertise or hold out or state to the public the per gallon price
of gasoline, upon any sign on the premises of such station, unless such
price includes all taxes, and unless the price, as so advertised, corresponds
with the price appearing on the pump from which such gasoline is dispensed.
Also, the identity of the product must be included with the price in any
such advertisement, holding out or statement to the public. Any person who violates this subsection (e) shall be guilty
of a petty offense.
(Source: P.A. 96-1551, eff. 7-1-11.) |