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| [ Senate Amendment 003 ] |
91_HB1177
LRB9103438KSgc
1 AN ACT to amend the Consumer Fraud and Deceptive Business
2 Practices Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Consumer Fraud and Deceptive Business
6 Practices Act is amended by changing Section 1 as follows:
7 (815 ILCS 505/1) (from Ch. 121 1/2, par. 261)
8 Sec. 1. Definitions.
9 (a) The term "advertisement" includes the attempt by
10 publication, dissemination, solicitation or circulation to
11 induce directly or indirectly any person to enter into any
12 obligation or acquire any title or interest in any
13 merchandise and includes every work device to disguise any
14 form of business solicitation by using such terms as
15 "renewal", "invoice", "bill", "statement", or "reminder", to
16 create an impression of existing obligation when there is
17 none, or other language to mislead any person in relation to
18 any sought after commercial transaction;
19 (b) The term "merchandise" includes any objects, wares,
20 goods, commodities, intangibles, real estate situated outside
21 the State of Illinois, or services;
22 (c) The term "person" includes any natural person or his
23 legal representative, partnership, corporation (domestic and
24 foreign), company, trust, business entity or association, and
25 any agent, employee, salesman, partner, officer, director,
26 member, stockholder, associate, trustee or cestui que trust
27 thereof;
28 (d) The term "sale" includes any sale, offer for sale,
29 or attempt to sell any merchandise for cash or on credit.
30 (e) The term "consumer" means any person who purchases
31 or contracts for the purchase of merchandise not for resale
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1 in the ordinary course of his trade or business but for his
2 use or that of a member of his household.
3 (f) The terms "trade" and "commerce" mean the
4 advertising, offering for sale, sale, or distribution of any
5 services and any property, tangible or intangible, real,
6 personal or mixed, and any other article, commodity, or thing
7 of value wherever situated, and shall include any trade or
8 commerce directly or indirectly affecting the people of this
9 State.
10 (g) The term "pyramid sales scheme" includes any plan or
11 operation whereby a person in exchange for money or other
12 thing of value acquires the opportunity to receive a benefit
13 or thing of value, which is primarily based upon the
14 inducement of additional persons, by himself or others,
15 regardless of number, to participate in the same plan or
16 operation and is not primarily contingent on the volume or
17 quantity of goods, services, or other property sold or
18 distributed or to be sold or distributed to persons for
19 purposes of resale to consumers. For purposes of this
20 subsection, "money or other thing of value" shall not include
21 payments made for sales demonstration equipment and materials
22 furnished on a nonprofit basis for use in making sales and
23 not for resale.
24 (Source: P.A. 83-808.)