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92_SB2160gms
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
July 19, 2002
To the Honorable Members of
The Illinois Senate
92nd General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois
Constitution of 1970, I hereby veto Senate Bill 2160 entitled
"AN ACT concerning business practices."
Senate Bill 2160 amends the Consumer Fraud and Deceptive
Business Practices Act to make it an unlawful practice to
knowingly mail a postcard or letter with a request that the
recipient call a telephone number, and the postcard or letter
does not disclose that callers will be solicited to purchase
goods, services, or other merchandise.
The intent of this legislation to curb consumer fraud, a
growing problem in Illinois, is admirable. However, this
bill could harm legitimate businesses and organizations that
work hard to serve the citizens of Illinois, as they could
unintentionally be ensnared by the broad sweep of this
legislation.
While it is probably unlikely that legitimate businesses
or groups making an innocent mistake would be prosecuted,
this legislation does very little to discourage advertisers
trying to skirt the law to get around these requirements. In
addition, it would be difficult and costly to enforce these
provisions against out-of-state companies. Moreover, the
recipients of these postcards do have a choice in whether or
not to call the numbers listed on the postcards and I am
reluctant to place restrictions on what may be a legitimate
advertising technique. Finally, this bill could be construed
as infringing upon the rights of businesses or anyone to send
information to potential customers. I believe the potential
for misapplication or harm that could result from this bill
outweighs the possible benefits.
For these reasons, I hereby veto and return Senate Bill
2160.
Sincerely,
George H. Ryan
GOVERNOR