[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
91_SB0085sam001
LRB9101780RCksam
1 AMENDMENT TO SENATE BILL 85
2 AMENDMENT NO. . Amend Senate Bill 85 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Consumer Fraud and Deceptive Business
5 Practices Act is amended by adding Section 2JJ as follows:
6 (815 ILCS 505/2JJ new)
7 Sec. 2JJ. Shoppers club information.
8 (a) It is an unlawful practice for any person who is an
9 officer, manager, or employee of a merchant to knowingly
10 disclose to a person other than the merchant's officers,
11 managers, employees, vendors, agents, or consultants either
12 (i) the identity of an applicant to, or member of, the
13 merchant's shoppers club or (ii) the identity of a shopper
14 club member's actual purchases of merchandise, unless the
15 applicant or member consents to the disclosure. An
16 applicant's or member's consent is presumed if the applicant
17 or member is given the written opportunity to retain the
18 non-disclosure rights provided for in this Section but fails
19 to so affirmatively direct.
20 (b) For purposes of this Section:
21 "Merchandise" means any item of tangible personal
22 property.
-2- LRB9101780RCksam
1 "Merchant" means an owner or operator of any retail
2 mercantile establishment and includes but is not limited to
3 any corporation, including parent, subsidiaries and sister
4 companies, partnerships, sole proprietorship, or any other
5 form of business entity.
6 "Retail mercantile establishment" means any place,
7 including Internet web sites, where merchandise is sold or
8 offered for sale at retail to persons who are members of a
9 merchant's shoppers club.
10 "Shoppers club" means a membership in a discount buying
11 program in which the purchaser is given a reduction in the
12 price of the merchandise by displaying a card that, when used
13 with an electronic scanning device or sales recording device
14 at the time of the purchase of the merchandise, displays the
15 discount price of the merchandise.
16 (c) Nothing in this Section precludes the use or
17 distribution to any person of any compilation, in aggregate
18 form, of information obtained by a merchant from its
19 operation of a shoppers club.
20 (d) The provisions of Section 10a of this Act do not
21 apply to a violation of this Section.".