98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4698
 
Introduced , by Rep. La Shawn K. Ford
 
SYNOPSIS AS INTRODUCED:
 

 
  
815 ILCS 510/2  from Ch. 121 1/2, par. 312

     Amends the Uniform Deceptive Trade Practices Act. Includes within the scope of the Act knowingly making a false or misleading statement in a privacy policy published on the Internet or otherwise distributed or published regarding the use of personal information submitted by members of the public.
  


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A BILL FOR
 

  
HB4698LRB098 18438 JLS 53575 b


  
1    AN ACT concerning business.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Uniform Deceptive Trade Practices Act is 
5amended  by changing Section 2 as follows:
 



6    (815 ILCS 510/2)  (from Ch. 121 1/2, par. 312)



7    Sec. 2. Deceptive trade practices. 

8    (a) A person engages in a deceptive trade practice when, in 
9the course
of his or her business, vocation, or occupation, the 
10person:


11        (1) passes off goods or services as those of another;


12        (2) causes likelihood of confusion or of 
13    misunderstanding as to the
source, sponsorship, approval, 
14    or certification of goods or services;


15        (3) causes likelihood of confusion or of 
16    misunderstanding as to
affiliation, connection, or 
17    association with or certification by another;


18        (4) uses deceptive representations or designations of 
19    geographic origin
in connection with goods or services;


20        (5) represents that goods or services have 
21    sponsorship, approval,
characteristics, ingredients, uses, 
22    benefits, or quantities that they do
not have or that a 
23    person has a sponsorship, approval, status, affiliation,

 
 
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1    or connection that he or she does not have;


2        (6) represents that goods are original or new if they 
3    are deteriorated,
altered, reconditioned, reclaimed, used, 
4    or secondhand;


5        (7) represents that goods or services are of a 
6    particular standard,
quality, or grade or that goods are a 
7    particular style or model, if they
are of another;


8        (8) disparages the goods, services, or business of 
9    another by false
or misleading representation of fact;


10        (9) advertises goods or services with intent not to 
11    sell them as
advertised;


12        (10) advertises goods or services with intent not to 
13    supply reasonably
expectable public demand, unless the 
14    advertisement discloses a limitation
of quantity;


15        (11) makes false or misleading statements of fact 
16    concerning
the reasons for, existence of, or amounts of 
17    price reductions;


18        (12) engages in any other conduct which similarly 
19    creates a likelihood
of confusion or misunderstanding; .

20        (13) knowingly makes a false or misleading statement in 
21    a disclosure of practices regarding uses of information 
22    collected in connection with a privacy policy, published on 
23    the Internet or otherwise distributed or published, 
24    regarding the use of personal information submitted by 
25    members of the public. 
26    (b) In order to prevail in an action under this Act, a 
 
 
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1plaintiff
need not prove competition between the parties or 
2actual confusion or
misunderstanding.

3    (c) This Section does not affect unfair trade practices 
4otherwise
actionable at common law or under other statutes of 
5this State.

6(Source: P.A. 92-16, eff. 6-28-01)