| |

Libraries

Business
Organizations
Business
Transactions
-
Securities
-
Loans and Credit
-
Interest
-
Sales
-
Deceptive Practices
-
Contracts
-
Franchises
Commercial
Code
Employment
Law Bulletins


To learn more about Hennessy & Roach services,
reach us at:
Chicago: 312-346-5310
Fax: 312-346-5330
St. Louis: 314-231-0770
Fax: 314-231-0990
Springfield: 217-726-0037
Fax: 217-726-0137
______________________
140 S Dearborn
St., Suite 520
Chicago, IL 60603
|
|
.
CHAPTER 815
BUSINESS TRANSACTIONS
Credit Card Liability Act.
.
|
|
(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.)
|
(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 2.03 of
the Illinois Credit Card Act, 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. 78-777.)
|
(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.)
|
|
To learn more about Hennessy & Roach services, please call 312.346.5310,
or send an e-mail to
hennroach@hennessyroach.com to
arrange a consultation.
Web Site Disclaimer: All
information offered herein by the Law offices of Hennessy & Roach,
P.C.
is not legal advice nor the formation of an attorney client relationship.
You agree to hold harmless the law offices of Hennessy & Roach,
P.C., its employees and all parties associated with Hennessy & Roach.
If you disagree, immediately discontinue use of this site.
General Disclaimer: This site contains
provisions of the Illinois Compiled Statutes from databases that
were created for the use of the members and staff of the Illinois
General Assembly. The provisions have NOT been edited for publication,
and are NOT in any sense the "official" text of the Illinois
Compiled Statutes as enacted into law. The accuracy of any specific
provision originating from this site cannot be assured, and you are
urged to consult the official documents or contact legal counsel
of your choice. This site should not be cited as an official or authoritative
source. Court decisions may affect the interpretation and constitutionality
of statutes.
Home | The
Firm | Attorneys | Practice
Areas | Clients | References | Hearing
Sites | Contact Us | Disclaimer
|