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| | HB0272 Engrossed | | LRB102 02578 KTG 12580 b |
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| 1 | | AN ACT concerning business.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Consumer Fraud and Deceptive Business |
| 5 | | Practices Act is amended by adding Section 2WWW as follows:
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| 6 | | (815 ILCS 505/2WWW new) |
| 7 | | Sec. 2WWW. Unsolicited checks. |
| 8 | | (a) No person shall deliver to a consumer an unsolicited |
| 9 | | check, negotiable instrument, credit card, debit card, or |
| 10 | | other form of payment or transfer payable to or to the order of |
| 11 | | the consumer that, upon cashing or other negotiation by the |
| 12 | | consumer, obligates the consumer to repay the amount of the |
| 13 | | check plus interest and fees. A consumer is not liable for any |
| 14 | | debt or other obligation arising out of the negotiation of a |
| 15 | | form of payment delivered to the consumer in violation of this |
| 16 | | Section. |
| 17 | | (b) This Section does not apply to a transaction in which a |
| 18 | | consumer has submitted an application for, or requested an |
| 19 | | extension of, credit from the person before receiving the |
| 20 | | check or instrument, or when the consumer has an existing |
| 21 | | relationship with the person. |
| 22 | | (c) A person who violates this Section commits an unlawful |
| 23 | | practice within the meaning of this Act.
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