Bill Text: IL SB2620 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that provisions restricting the mailing of postcards or letters under specified circumstances apply to companies not connected to the company from which the recipient has purchased or obtained goods, services, or other merchandise. Provides that postcards or letters sent in compliance with the consumer protections of the Truth in Lending Act or the Truth in Savings Act are deemed to be in compliance with this Section. Makes conforming changes. Effective January 1, 2024.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-10-24 - Referred to Assignments [SB2620 Detail]

Download: Illinois-2023-SB2620-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2620 Introduced 10/24/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
815 ILCS 505/2PP
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that provisions restricting the mailing of postcards or letters under specified circumstances apply to companies not connected to the company from which the recipient has purchased or obtained goods, services, or other merchandise. Provides that postcards or letters sent in compliance with the consumer protections of the Truth in Lending Act or the Truth in Savings Act are deemed to be in compliance with this Section. Makes conforming changes. Effective January 1, 2024.
LRB103 34670 SPS 64513 b
A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2PP as follows:
(815 ILCS 505/2PP)
(Text of Section before amendment by P.A. 103-87)
Sec. 2PP. Mail; disclosure. It is an unlawful practice
under this Act to knowingly mail or send or cause to be mailed
or sent a postcard or letter to a recipient in this State if:
(1) the postcard or letter contains a request that the
recipient call a telephone number; and
(2) the postcard or letter is mailed or sent to induce
the recipient to call the telephone number so that goods,
services, or other merchandise, as defined in Section 1,
may be offered for sale to the recipient; and
(3) the postcard or letter does not disclose that
goods, services, or other merchandise, as defined in
Section 1, may be offered for sale if the recipient calls
the telephone number.
(Source: P.A. 95-331, eff. 8-21-07.)
(Text of Section after amendment by P.A. 103-87)

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Sec. 2PP. Mail; disclosure.
(a) It is an unlawful practice under this Act for a company
not connected to the company from which the recipient has
purchased or obtained goods, services, or other merchandise,
as defined in Section 1, to knowingly mail or send or cause to
be mailed or sent a postcard or letter to a recipient in this
State if:
(1) the postcard or letter contains a request that the
recipient contact the sender by mail, telephone, email,
website, or other prescribed means and the primary purpose
of the postcard or letter is the commercial advertisement
or promotion of goods, services, or other merchandise, as
defined in Section 1; and
(2) the postcard or letter is mailed or sent to induce
the recipient to contact the sender by mail, telephone,
email, website, or other prescribed means so that goods,
services, or other merchandise, as defined in Section 1,
may be offered for sale to the recipient; and
(3) the postcard or letter does not disclose or
disclaim that it is not a bill and that it is a
solicitation for goods, services, or other merchandise, as
defined in Section 1, that may be offered for sale if the
recipient contacts the sender by mail, telephone, email,
website, or any other prescribed means; and
(4) the postcard or letter does not disclose or
disclaim the sender's full legal name and any assumed or

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fictitious names used by the sender any and all
affiliations or lack thereof.
(b) All disclosures and disclaimers required by this
Section appearing on a postcard or letter must be
conspicuously located at the top of the postcard or letter, be
easily readable in clear and unambiguous language, and be
printed in at least 14-point bold-face font in a
black-outlined box. Postcards or letters sent in compliance
with the consumer protections of the Truth in Lending Act, 15
U.S.C. 1601 et seq., or the Truth in Savings Act, 12 U.S.C.
4301 et seq., are deemed to be in compliance with this Section.
(Source: P.A. 103-87, eff. 1-1-24.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.