SB1029sam005 95TH GENERAL ASSEMBLY

Sen. Michael Noland

Filed: 5/19/2008

09500SB1029sam005 LRB095 05914 DRJ 51130 a

AMENDMENT TO SENATE BILL 1029

AMENDMENT NO. ______. Amend Senate Bill 1029 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Consumer Contract Plain Language Act.

Section 5. Definitions. As used in this Act, unless the context clearly requires otherwise:

"Alternative gas consumer" means an individual who gives or promises to give money or other consideration to alternative gas suppliers as defined in Section 19-105 of the Public Utilities Act in exchange for natural gas.

"Alternative gas supplier consumer contract" means a written contract between a consumer and an alternative gas supplier.

Section 10. Plain language required. Except as provided in Section 15, every alternative gas supplier consumer contract with a residential customer or small commercial customer shall meet all of the following criteria:

(1) The contract shall adequately inform the consumer of the rights and duties fixed by the contract.

(2) The contract shall be sufficiently clear and readable for the ordinary reader, using, so far as is practical, words with common, everyday meanings. For purposes of this subdivision (2), a contract is sufficiently clear and readable if it adheres to all the standards set forth in Section 1-201 of the Uniform Commercial Code, as enacted in Illinois, and Section 2P of the Consumer Fraud and Deceptive Business Practices Act.

(3) The contract shall be printed in a clear and conspicuous manner. For purposes of this subdivision (3), "conspicuous" has the meaning ascribed to that term in subdivision (10) of Section 1-201 of the Uniform Commercial Code, as enacted in Illinois, but in no case with the font smaller than 10 point. Contracts governed by this Act shall adhere to the clear and conspicuous standard provided in Section 2P of the Consumer Fraud and Deceptive Business Practices Act.

Section 15. Exceptions. This Act does not prohibit the use of the following in alternative gas suppliers consumer contracts:

(1) Words or phrases, or forms of agreement, required by State or federal law or by rule or regulation of a State or federal governmental instrumentality; or

(2) Technical terms if (i) those terms are customarily used by consumers in connection with the service or (ii) there is no sufficiently clear and readable substitute for those terms.

Nothing in this Act shall be construed to apply to, modify, or in an way limit the terms of any contract other than contracts within the category specifically delineated herein.

Section 20. Violation. If the Attorney General has reason to believe that a business entity is using or has used an alternative gas supplier consumer contract that violates Section 10 and determines that an action under this subsection would be in the public interest, the Attorney General may bring an action, in the name of the People of the State of Illinois, against that business entity to restrain the use of that alternative gas consumer contract.

A violation of this Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.

Section 90. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

(Text of Section after amendment by P.A. 95-562)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, the Payday Loan Reform Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the Consumer Contract Plain Language Act, or the Personal Information Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, eff. 1-1-08; 95-562, eff. 7-1-08; revised 10-17-07.)".