(815 ILCS 145/0.01) (from Ch. 17, par. 6100)
Sec. 0.01.
Short title.
This Act may be cited as the
Credit Card Liability Act.
(Source: P.A. 86-1324.)
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(815 ILCS 145/1) (from Ch. 17, par. 6101)
Sec. 1. (a) No person in whose name a credit card is issued without his
having requested or applied for the card or for the extension of the credit or
establishment of a charge account which that card evidences is liable to
the issuer of the card for any purchases made or other amounts owing by a
use of that card from which he or a member of his family or household
derive no benefit unless he has indicated his acceptance of the card by
signing or using the card or by permitting or authorizing use of the card
by another. A mere failure to destroy or return an unsolicited card is not
such an indication. As used in this Act, "credit card" has the meaning
ascribed to it in Section 17-0.5 of the Criminal Code of 2012, except that
it does not include a card issued by any telephone company that is subject
to supervision or regulation by the Illinois Commerce Commission or other
public authority.
(b) When an action is brought by an issuer against the person named on
the card, the burden of proving the request, application, authorization,
permission, use or benefit as set forth in Section 1 hereof shall be upon
plaintiff if put in issue by defendant. In the event of judgment for
defendant, the court shall allow defendant a reasonable attorney's fee, to
be taxed as costs.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(815 ILCS 145/2) (from Ch. 17, par. 6102)
Sec. 2.
(a) Notwithstanding that a person in whose name a credit card has
been issued has requested or applied for such card or has indicated his
acceptance of an unsolicited credit card, as provided in Section 1
hereof, such person shall not be liable to the issuer unless the card
issuer has given notice to such person of his potential liability, on
the card or within two years preceding such use, and has provided such
person with an addressed notification requiring no postage to be paid by
such person which may be mailed in the event of the loss, theft, or
possible unauthorized use of the credit card, and such person shall not
be liable for any amount in excess of the applicable amount hereinafter
set forth, resulting from unauthorized use of that card prior to
notification to the card issuer of the loss, theft, or possible
unauthorized use of that card:
Card without a signature panel$25.00
Card with a signature panel$50.00
After the holder of the credit card gives notice to the issuer that a
credit card is lost or stolen he is not liable for any amount resulting
from unauthorized use of the card.
(b) When an action is brought by an issuer against the person named
on a card, issuance of which has been requested, applied for, solicited
or accepted and defendant puts in issue any transaction arising from the
use of such card, the burden of proving benefit, authorization, use or
permission by defendant as to such transaction shall be upon plaintiff.
In the event defendant prevails with respect to any transaction so put
in issue, the court may enter as a credit against any judgment for
plaintiff, or as a judgment for defendant, a reasonable attorney's fee
for services in connection with the transaction in respect of which the
defendant prevails.
(Source: P.A. 77-1637.)
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