(815 ILCS 505/1) (from Ch. 121
1/2, par. 261)
Sec. 1. (a) The term "advertisement" includes
the attempt by publication, dissemination, solicitation or circulation
to induce directly or indirectly any person to enter into any obligation
or acquire any title or interest in any merchandise and includes
every work device to disguise any form of business solicitation by
using such terms as "renewal", "invoice", "bill", "statement",
or "reminder", to create an impression of existing obligation
when there is none, or other language to mislead any person in relation
to any sought after commercial transaction;
(b) The term "merchandise" includes
any objects, wares, goods, commodities, intangibles, real estate
situated outside the State of Illinois, or services;
(c) The term "person" includes
any natural person or his legal representative, partnership, corporation
(domestic and foreign), company, trust, business entity or association,
and any agent, employee, salesman, partner, officer, director,
member, stockholder, associate, trustee or cestui que trust thereof;
(d) The term "sale" includes
any sale, offer for sale, or attempt to sell any merchandise for
cash or on credit.
(e) The term "consumer" means
any person who purchases or contracts for the purchase of merchandise
not for resale in the ordinary course of his trade or business
but for his use or that of a member of his household.
(f) The terms "trade" and "commerce" mean
the advertising, offering for sale, sale, or distribution of any
services and any property, tangible or intangible, real, personal
or mixed, and any other article, commodity, or thing of value wherever
situated, and shall include any trade or commerce directly or indirectly
affecting the people of this State.
(g) The term "pyramid sales
scheme" includes any plan or operation whereby a person in
exchange for money or other thing of value acquires the opportunity
to receive a benefit or thing of value, which is primarily based
upon the inducement of additional persons, by himself or others,
regardless of number, to participate in the same plan or operation
and is not primarily contingent on the volume or quantity of goods,
services, or other property sold or distributed or to be sold or
distributed to persons for purposes of resale to consumers. For
purposes of this subsection, "money or other thing of value" shall
not include payments made for sales demonstration equipment and
materials furnished on a nonprofit basis for use in making sales
and not for resale.
(Source: P.A. 83-808.)
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(815 ILCS 505/2) (from Ch. 121
1/2, par. 262)
Sec. 2.
Unfair methods of competition and
unfair or deceptive acts or practices, including but not limited
to the use or employment of any deception fraud, false pretense,
false promise, misrepresentation or the concealment, suppression
or omission of any material fact, with intent that others rely
upon the concealment, suppression or omission of such material
fact, or the use or employment of any practice described in
Section 2 of the "Uniform Deceptive Trade Practices Act",
approved August 5, 1965, in the conduct of any trade or commerce
are hereby declared unlawful whether any person has in fact
been misled, deceived or damaged thereby. In construing this
section consideration shall be given to the interpretations
of the Federal Trade Commission and the federal courts relating
to Section 5 (a) of the Federal Trade Commission Act.
(Source: P. A. 78-904.)
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(815 ILCS 505/2A) (from Ch. 121
1/2, par. 262A)
Sec. 2A. (1) The use or employment
of any chain referral sales technique, plan, arrangement or agreement
whereby the buyer is induced to purchase merchandise upon the seller's
promise or representation that if buyer will furnish seller names
of other prospective buyers or like or identical merchandise that
seller will contact the named prospective buyers and buyer will
receive a reduction in the purchase price by means of a cash rebate,
commission, credit toward balance due or any other consideration,
which rebate, commission, credit or other consideration is contingent
upon seller's ability to sell like or identical merchandise to
the named prospective buyers, is declared to be an unlawful practice
within the meaning of this Act.
(2) It is an unlawful practice
within the meaning of this Act for any person, by himself or through
others, to sell, offer to sell, or attempt to sell the right to
participate in a pyramid sales scheme.
(Source: P.A. 83-808.)
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(815 ILCS 505/2B) (from Ch. 121
1/2, par. 262B)
Sec. 2B. Where a sale of merchandise
involving $25 or more is made or contracted to be made whether under
a single contract or under multiple contracts, to a consumer by a
seller who is physically present at the consumer's residence, that
consumer may avoid the contract or transaction by notifying the seller
within 3 full business days following that day on which the contract
was signed or the sale was made and by returning to the person, in
its original condition, any merchandise delivered to the consumer
under the contract or sale. At the time the transaction is made or
the contract signed, the person shall furnish the consumer with a
fully completed receipt or contract pertaining to the transaction,
in substantially the same language as that principally used in the
oral presentation to the consumer, containing a "Notice of Cancellation" informing
the consumer that he may cancel the transaction at any time within
3 days and showing the date of the transaction with the name and
address of the person, and in immediate proximity to the space reserved
in the contract for the consumer's signature or on the front page
of the receipt if a contract is not used, a statement which shall
be in bold face type, in at least 10-point type and in substantially
the following form:
"YOU, THE CONSUMER, MAY CANCEL
THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS
DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF
CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT."
Attached to the receipt or contract
shall be a completed form in duplicate, captioned "NOTICE OF
CANCELLATION" which shall be easily detachable and which shall
contain in 10 point bold face type the following information and
statements in the same language as that used in the contract:
NOTICE
OF CANCELLATION
(enter
date of transaction)
...........................
(Date)
YOU MAY CANCEL
THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN
3 BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED
IN, ANY PAYMENTS MADE BY YOU, AND ANY NEGOTIABLE INSTRUMENT EXECUTED
BY YOU UNDER THE CONTRACT OR TRANSACTION WILL BE RETURNED WITHIN
10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION
NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION
WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE
TO THE SELLER AT YOUR RESIDENCE IN SUBSTANTIALLY AS GOOD A CONDITION
AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT
OR TRANSACTION, OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS
OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S
EXPENSE AND RISK.
IF YOU MAKE THE GOODS AVAILABLE
TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS
OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE
OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE
THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE
GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR
PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL
OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR
ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO (Name of seller),
AT (address of seller's place of business) NOT LATER THAN MIDNIGHT
OF (date).
I HEREBY CANCEL THIS TRANSACTION.
(Date) ............
...................
(Buyer's
signature)
Such written "Notice
of Cancellation" may be sent by the consumer to the
person to cancel the contract. The 3 day period provided
for in this Section does not commence until the consumer
is furnished a "Notice of Cancellation", and
the address at which such notice to the seller can be given.
If those conditions are met, the seller must return to
the consumer the full amount of any payment made or consideration
given under the contract or for the merchandise. It is
an unlawful practice within the meaning of this Act for
any person to
(a) Fail, before furnishing copies
of the "Notice of Cancellation" to the consumer, to complete
the copies by entering the name of the person, the address of the
person's place of business, the date of the transaction, and the
date, not earlier than the third business day following the date
of the transaction, by which the consumer may give notice of cancellation;
(b) Include in any contract or
receipt under this Section any confession of judgment or any waiver
of any of the rights to which the consumer is entitled under this
Section including specifically his right to cancel the transaction
in accordance with the provisions of this Section;
(c) Fail to inform each consumer
orally, at the time he signs the contract or purchases or leases
the goods or services, of his right to cancel;
(d) Misrepresent in any manner
the consumer's right to cancel;
(e) Use any undue influence, coercion
or any other wilful act or representation to interfere with the consumer's
exercise of his rights under this Section;
(f) Fail or refuse to honor any
valid notice of cancellation by a consumer and within 10 business
days after the receipt of such notice, to
(i) refund
all payments made under the contract or
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(ii)
return any goods or property traded in, in
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substantially as good a condition as
when received by the person, or
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(iii)
cancel and return any negotiable instrument
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executed by the consumer in connection
with the contract or transaction and take any action
necessary or appropriate to terminate promptly
any security interest created in the transaction;
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(g) Negotiate,
transfer, sell, or assign any note or other evidence of
indebtedness to a finance company or other third party
prior to midnight of the fifth business day following the
day the contract was signed or the goods or services were
purchased or leased; or
(h) Fail, within 10 business days
of receipt of the consumer's notice of cancellation, to notify him
whether the seller intends to repossess or to abandon any shipped
or delivered goods.
For the purposes of this Section,
the word "sale" includes a sale, lease or rental.
This Section does not apply to
any transaction
(a) made pursuant to prior negotiations
in the course of a visit by the consumer to a retail business establishment
having a fixed permanent location where the goods are exhibited,
or the services are offered, for sale or lease on a continuing basis;
(b) in which the consumer is accorded
the right of rescission by the provisions of the Consumer Credit
Protection Act (15 U.S.C. 1635) or regulations issued pursuant thereto;
(c) in which the consumer has initiated
the contact and the goods or services are needed to meet a bona fide
immediate personal emergency of the consumer, and the consumer furnishes
the person with a separate dated and signed personal statement in
the consumer's handwriting describing the situation requiring immediate
remedy and expressly acknowledging and waiving the right to cancel
the sale within 3 business days;
(d) conducted and consummated entirely
by mail or telephone without any other contact between the consumer
and the person or its representative prior to delivery of the goods
or performance of the services;
(e) in which the consumer has initiated
the contact and specifically requested the person to visit his home
for the purpose of repairing or performing maintenance upon the consumer's
personal property, on the condition that if, in the course of such
a visit, the person sells the consumer the right to receive additional
services or goods other than replacement parts necessarily used in
performing the maintenance or in making the repairs, the sale of
those additional goods or services does not fall within this exclusion;
(f) pertaining to the sale or rental
of real property, to the sale of insurance or to the sale of securities
or commodities by a broker-dealer registered with the Securities
and Exchange Commission; or
(g) between a consumer and a loan
broker licensed under the Residential Mortgage License Act of 1987
when (i) the transaction involves obtaining a mortgage loan on real
estate and (ii) the first contact respecting the transaction is initiated
by the consumer or by another person at the request of the consumer.
(Source: P.A. 90-764, eff. 1-1-99.)
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(815 ILCS 505/2B.1) (from Ch. 121
1/2, par. 262B.1)
Sec. 2B.1. It shall be unlawful
in the sale of consumer goods or services for any person conducting
a mail order or catalog business in this State, and utilizing a
post office box address or a street address representing a site
used primarily for the receipt or delivery of mail or as a telephone
answering service, to fail to disclose the legal name under which
business is conducted and the complete street address from which
business is actually conducted in all advertising and promotional
materials, including order blanks and forms.
(Source: P.A. 87-282; 87-895.)
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(815 ILCS 505/2B.2)
Sec. 2B.2. Solicitations regarding
records. It is an unlawful practice for any person to offer for
sale or sell to a consumer access to any records or copies of any
records pertaining to the consumer that may be obtained at no cost
or a nominal cost from a governmental agency or from any consumer
reporting agency as defined in the federal Fair Credit Reporting
Act unless all offers, solicitations, and applications for any
such service include the following statement in capital letters
in not less than 10 point type: "MANY GOVERNMENT RECORDS ARE
AVAILABLE FREE OR AT A NOMINAL COST FROM GOVERNMENT AGENCIES. CREDIT
REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR
CREDIT RECORD UPON REQUEST, AT NO CHARGE OR FOR A NOMINAL FEE."
(Source: P.A. 89-630, eff. 1-1-97.)
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(815 ILCS 505/2B.3)
Sec. 2B.3. Deceptive sale or promotion
of health-related cash discount cards. It is an unlawful
practice for any person to sell, market, promote, advertise, or
otherwise distribute any card or other purchasing mechanism or
device that purports to offer discounts or access to discounts
from health care providers in health related purchases if:
(1) the
card or other purchasing mechanism or device
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does not expressly provide in bold and
prominent type that the discounts are not insurance;
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(2)
the discounts are not specifically authorized by
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a contract with each health care provider
listed in conjunction with the card or other purchasing
mechanism or device; or
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(3)
the discounts or access to discounts offered or
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the range of discounts or access to
the range of discounts offered are misleading,
deceptive or fraudulent, regardless of the literal
wording used.
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(Source: P.A. 92-296, eff. 1-1-02.)
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(815 ILCS 505/2C) (from Ch. 121
1/2, par. 262C)
Sec. 2C. If the furnishing of merchandise,
whether under purchase order or a contract of sale, is conditioned
on the consumer's providing credit references or having a credit
rating acceptable to the seller and the seller rejects the credit
application of that consumer, the seller must return to the consumer
any down payment, whether such down payment is in the form of money,
goods, chattels or otherwise, made under that purchase order or
contract and may not retain any part thereof. The retention by
the seller of part or all of the down payment, whether such down
payment is in the form of money, goods, chattels or otherwise,
under those circumstances as a fee for investigating the credit
of the consumer or as liquidated damages to cover depreciation
of the merchandise which was the subject of the purchase order
or contract or for any other purpose is an unlawful practice within
the meaning of this Act, whether that fee or those charges are
claimed from the down payment, whether such down payment is in
the form of money, goods, chattels or otherwise, or made as a separate
charge to the consumer.
(Source: Laws 1967, p. 2143.)
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(815 ILCS 505/2D) (from Ch. 121
1/2, par. 262D)
Sec. 2D. If a consumer in a retail
installment sales transaction gives the seller a negotiable instrument
in part or full payment for the merchandise which is the subject
of a purchase order, retail charge agreement or retail installment
sales contract before that merchandise is delivered or furnished
to him, the assignment of that agreement or contract or the transfer
of that negotiable instrument does not bar that consumer from asserting
against the assignee or transferee any defense or right of action
he may have against the seller unless (1) the contract or agreement
contains, in at least 10-point bold type, the following notice:
"NOTICE
TO BUYER
You have the right to give the assignee
named (or if no assignee is named, to give the seller)
written notice of any defense or right of action which
you may have against the seller within 5 days of delivery
of the merchandise described herein. If a notice is not
received within that time, you may not assert such defense
or right of action against the assignee."; And (2)
such a notice is not given within the time period stated.
Notice is received within the meaning of this Section if
the seller or assignee has refused to accept delivery by
certified or registered mail of such a notice. It is an
unlawful practice within the meaning of this Act for a
seller to transfer, assign or negotiate a negotiable instrument
made by and received from a consumer in connection with
an order for or a contract involving merchandise to be
furnished by that seller to that consumer with the intent
of not furnishing or delivering merchandise of the quantity,
quality and specifications and at the time and place called
for by that order or contract.
This Section does not apply where
the merchandise which is the subject of the purchase order, retail
charge agreement or retail installment sales contract is a motor
vehicle, or where the negotiable instrument is made in accordance
with the provisions of Subchapter I of the National Housing Act,
as heretofore and hereafter amended.
(Source: Laws 1967, p. 2143.)
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(815 ILCS 505/2E) (from Ch. 121
1/2, par. 262E)
Sec. 2E. Any person who is regularly
engaged in the business of providing or furnishing merchandise
to consumers or in making loans to consumers and who has committed
in any calendar year 3 or more violations, as determined in any
civil or criminal proceeding, of the "Consumer Finance Act";
the "Consumer Installment Loan Act"; the "Retail
Installment Sales Act"; the "Motor Vehicle Retail Installment
Sales Act"; "An Act to revise the law in relation to
the rate of interest and to repeal certain acts therein named",
approved May 24, 1879, as amended; "An Act to promote the
welfare of wage-earners by regulating the assignment of wages,
and prescribing a penalty for the violation thereof", approved
July 1, 1935, as amended; or Part 8 of Article XII of the Code
of Civil Procedure, as amended, or of any 2 or more of those Acts,
is guilty of an unlawful practice within the meaning of this Act.
Nothing in this Section prohibits the prosecution of a person under
the Acts specified herein as well as under this Act.
(Source: P.A. 82-783.)
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(815 ILCS 505/2F) (from Ch. 121
1/2, par. 262F)
Sec. 2F. Any person who is held
in any civil or criminal proceeding to have wilfully and materially
violated any Illinois statutory provision regulating the extension
of credit to borrowers or designed to protect the consumer purchasing
merchandise in a credit, as contrasted from a cash, transaction
is guilty of an unlawful practice within the meaning of this Act.
Nothing in this Section prohibits the prosecution of a person under
the statute violated as well as under this Act.
(Source: Laws 1967, p. 2143.)
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(815 ILCS 505/2G) (from
Ch. 121 1/2, par. 262G)
Sec. 2G. If an installment seller
wilfully and materially resells goods he has repossessed from a
buyer in default to a person who is not a good faith purchaser
for value or with whom the seller is in collusion or if the seller
resells those goods at a price intended to increase the amount
of the deficiency recoverable from the defaulting buyer, that seller
is guilty of an unlawful practice within the meaning of this Act.
(Source: Laws 1967, p. 2143.)
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(815 ILCS 505/2H) (from
Ch. 121 1/2, par. 262H)
Sec. 2H. No person may make any
attempt, whether by mail, telephone, personal contact, court action
or by any other means, to collect an obligation from the spouse
of the obligor unless the spouse cosigned the instrument evidencing
the obligation or unless the obligation is in default at least
30 days or unless the goods or services furnished to the obligor
and giving rise to the obligation were necessaries for which the
spouse would be liable to pay under statute or common law. A person
who violates this Section commits an unlawful practice within the
meaning of this Act and is guilty of a Class C misdemeanor.
(Source: P. A. 77-2261.)
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(815 ILCS 505/2I) (from
Ch. 121 1/2, par. 262I)
Sec. 2I. No person may attempt
to collect an obligation by communicating in any way with an employer
with regard to the obligation owing by one of his employees unless
there has been a default of the payment of the obligation for at
least 30 days and at least 5 days prior notice of the intention
to communicate with the employer has been given to the employee.
Any person violating this Section commits an unlawful practice
within the meaning of this Act and, in addition, is liable in a
civil action for damages resulting to the employee about whom such
a communication is wrongfully made.
(Source: Laws 1967, p. 2143.)
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(815 ILCS 505/2J) (from
Ch. 121 1/2, par. 262J)
Sec. 2J. No seller may include
or cause to be included in any advertisement, price tag, display
or other device used to describe the goods to be sold or to induce
the purchase of those goods a statement that the goods may be purchased
by weekly, monthly or other periodic payments unless that statement
clearly sets forth the cash sale price of the goods in immediate
conjunction with the amount of such periodic payment payable; the
downpayment, if any; the number, amount and due dates or period
of payments scheduled to repay the indebtedness if the credit is
extended; and the rate of charge for credit expressed as an annual
percentage rate.
A seller who complies with the
federal Truth In Lending Act, amendments thereto, and any regulation
issued or which may be issued thereunder, shall be deemed to be
in compliance with the provisions of this Section.
A seller who violates this Section
is guilty of an unlawful practice within the meaning of this Act.
(Source: P.A. 84-894.)
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(815 ILCS 505/2J.1) (from
Ch. 121 1/2, par. 262J.1)
Sec. 2J.1. Any retail seller, or
motor vehicle dealer within the meaning of Chapter 5 of the Illinois
Vehicle Code, who publishes or issues coupons for use by consumers
in the purchase of specific items of merchandise in the retail
outlet of the seller, or established place of business, and represents
that presentation of a coupon permits the purchase of a specific
item of merchandise for less than the regular price shall clearly
state (a) the discount or (b) the fact that the coupon featured
price is a "sale" price to which the presenter is entitled.
No coupon shall be offered in connection with any retail sale of
a motor vehicle.
(Source: P.A. 89-650, eff. 1-1-97.)
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(815 ILCS 505/2J.2) (from
Ch. 121 1/2, par. 262J.2)
Sec. 2J.2. Any person who sells
or offers to sell or exposes for sale to consumers at retail any
merchandise using an automatic price look-up system shall
conspicuously display the price information in Arabic numerals
in close proximity to any item which is not individually marked
with the current selling price.
Any person who violates this Section
commits an unlawful practice within the meaning of this Act.
(Source: P.A. 85-419.)
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(815 ILCS 505/2K) (from
Ch. 121 1/2, par. 262K)
Sec. 2K. No person engaged in the
making of loans to consumers or furnishing goods or services to
consumers in a credit transaction may advertise using the terms "bank
rates", "bank financing" or words of like import
unless it is a bank, banking association or trust company authorized
to do business under the laws of this State or of the United States.
A person who violates this Section commits an unlawful practice
within the meaning of this Act.
(Source: Laws 1967, p. 2143.)
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(815 ILCS 505/2L) (from
Ch. 121 1/2, par. 262L)
Sec. 2L. Any retail sale of a motor
vehicle made after January 1, 1968 to a consumer by a new motor vehicle
dealer or used motor vehicle dealer within the meaning of Chapter
5 of the Illinois Vehicle Code is made subject to this Section.
(a) The dealer is liable to the
purchasing consumer for the following share of the cost of the repair
of Power Train components for a period of 30 days from date of delivery,
unless the repairs have become necessary by abuse, negligence, or
collision. The burden of establishing that a claim for repairs is
not within this Section shall be on the selling dealer. The dealer's
share of such repair costs is:
(1) in the case of a motor vehicle
which is not more than 2 years old, 50%;
(2) in the case of a motor vehicle
which is 2 or more, but less than 3 years old, 25%;
(3) in the case of a motor vehicle
which is 3 or more, but less than 4 years old, 10%; and
(4) in the case of a motor vehicle
which is 4 or more years old, none.
(b) Notwithstanding the foregoing,
such a dealer and a purchasing consumer may negotiate a sale and
purchase that is not subject to this Section if there is stamped
on any purchase order, contract, agreement, or other instrument to
be signed by the consumer as a part of that transaction, in at least
10-point bold type immediately above the signature line, the
following:
"THIS
VEHICLE IS SOLD AS IS WITH NO WARRANTY
AS
TO MECHANICAL CONDITION"
(c) As used in
this Section, "Power Train components" means
the engine block, head, all internal engine parts, oil
pan and gaskets, water pump, intake manifold, transmission,
and all internal transmission parts, torque converter,
drive shaft, universal joints, rear axle and all rear axle
internal parts, and rear wheel bearings.
(d) The repair liability means
that the dealer will make necessary Power Train component repairs
in his shop, or in the shop of his service affiliate, on the basis
of his regular list price charge for parts and labor, where the flat
rate list price does not exceed 50% of the selling price of the vehicle
at the time repairs are requested.
(e) The age of the vehicle shall
be measured according to the manufacturer's model year designation
as shown on the Certificate of Title or Registration Certificate.
Vehicles shall be designated as current year models, one year old,
2 year old, and so forth according to the time that has elapsed since
January 1 of the appropriate model year so designated.
(f) This Section does not preclude
the issuance of a warranty or guarantee by a motor vehicle dealer
or motor car manufacturer that meets or exceeds the basic provisions
of paragraph (a).
(g) After the effective date of
this amendatory Act of 1989, executives' and officials' cars when
so advertised shall have been used exclusively by executives of the
parent motor car manufacturer's personnel or by an executive of an
authorized dealer in the same make of car. These cars, so advertised,
shall not have been sold to a member of the public prior to the appearance
of the advertisement.
Any person who violates this Section
commits an unlawful practice within the meaning of this Act.
(Source: P.A. 86-351; 87-1140.)
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(815 ILCS 505/2M) (from
Ch. 121 1/2, par. 262M)
Sec. 2M.
No person engaged in the business
of performing services on merchandise shall advertise such services
as factory authorized services unless such services are performed
by factory authorized personnel. Any person so advertising shall,
upon request, supply proof of such authorization through manufacturer
certification. Any person who violates this Section commits an
unlawful practice within the meaning of this Act, and in addition
to relief available under Section 7 of this Act, may be prosecuted
for the commission of a Class C misdemeanor.
(Source: P. A. 78-589.)
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(815 ILCS 505/2N) (from
Ch. 121 1/2, par. 262N)
Sec. 2N. Non-English language
transaction.
(a) If (i) a person conducts, in
a language other than English, a retail transaction or negotiations
related to a retail transaction resulting in a written contract
and (ii) the consumer used an interpreter other than the retailer
or an employee of the retailer in conducting the transaction or
negotiations, the retailer must have the consumer and the interpreter
sign the following forms:
I, (name
of consumer), used (name of interpreter) to
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act as my interpreter during this retail
transaction or these negotiations. The obligations
of the contract or other written agreement were
explained to me in my native language by the interpreter.
I understand the contract or other written agreement.
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(signature
of consumer)
(relationship
of interpreter to consumer)
I, (name
of interpreter), acted as interpreter
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during this retail transaction or these
negotiations. The obligations of the contract or
other written agreement were explained to (name
of consumer) in the consumer's native language.
I understand the contract or other written agreement.
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(signature
of interpreter)
(relationship
of interpreter to consumer)
(b) If (i) a person conducts, in
a language other than English, a retail transaction or negotiations
related to a retail transaction resulting in a written contract and
(ii) the retailer or an employee of the retailer acted as the consumer's
interpreter in conducting the transaction or negotiations, the retailer
must have the consumer sign the following form in the consumer's
native language (except as provided in subsection (c)):
This retail
transaction or these negotiations were
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