Illinois 96th Regular Session Status: Enacted

HB 4698 — CONSUMER FRAUD-MDSE CLUB

Last action — Public Act . . . . . . . . . 96-1306

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 04, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that if a consumer purchases merchandise, it is an unlawful practice for the seller of the merchandise to enroll the consumer in a "club" or group whereby the consumer will periodically receive from the seller or another person shipments of similar merchandise not ordered or otherwise expressly requested by the consumer, unless the consumer expressly agrees in writing to be enrolled in the "club" or group and receive such periodic shipments of merchandise. Effective immediately.

Bill Text

What changed in the latest version

10 added · 10 removed

Plain-language change summary

The amendment to HB 4698 clarifies that sellers cannot send consumers regular shipments of similar merchandise unless the consumer explicitly agrees to this arrangement. Previously, the bill referred to enrolling consumers in a "club," which could imply broader practices that might confuse or mislead shoppers. This change matters because it strengthens consumer protection by ensuring consumers have clear choices and consent regarding any periodic shipments, reducing the likelihood of unexpected charges.

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Latest
HB4698 Engrossed LRB096 15766 DRJ 31006 b AN ACT concerning business.
HB4698 Enrolled LRB096 15766 DRJ 31006 b AN ACT concerning business.
Enrollment of consumer in merchandise "club" or group.
Seller's shipments of similar merchandise to consumer.
If a consumer purchases merchandise, it is an unlawful practice under this Act for the seller of the merchandise to enroll the consumer in a "club" or group whereby the consumer will periodically receive from the seller or another person shipments of similar merchandise not ordered or otherwise expressly requested by the consumer, unless the consumer expressly agrees in writing to be enrolled in the "club" or group and receive such periodic shipments of merchandise.
If a consumer purchases merchandise, it is an unlawful practice under this Act for the seller of the merchandise to periodically send and debit the consumer's account for shipments of similar merchandise, unless the consumer has agreed, by express request or consent, to receive such periodic shipments of merchandise.
The seller must clearly and conspicuously disclose any minimum purchase requirement and how the consumer may cancel periodic shipments.
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Action History

  1. Public Act . . . . . . . . . 96-1306

  2. Effective Date July 27, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Added Co-Sponsor Rep. Robert F. Flider

  6. Added Co-Sponsor Rep. Carol A. Sente

  7. Added Co-Sponsor Rep. Linda Chapa LaVia

  8. Added Co-Sponsor Rep. Jack D. Franks

  9. Passed Both Houses

  10. Senate Floor Amendment No. 2 House Concurs 117-000-000

  11. Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins

  12. Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000

  13. Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee

  14. Senate Floor Amendment No. 2 Motion Filed Concur Rep. Joseph M. Lyons

  15. Placed on Calendar Order of Concurrence Senate Amendment(s) 2

  16. Arrived in House

  17. Third Reading - Passed; 055-000-000

  18. Placed on Calendar Order of 3rd Reading April 27, 2010

  19. Senate Floor Amendment No. 2 Adopted; Maloney

  20. Second Reading

  21. Senate Floor Amendment No. 2 Recommend Do Adopt Consumer Protection; 007-000-000

  22. Senate Floor Amendment No. 1 Tabled in Consumer Protection; Maloney

  23. Senate Floor Amendment No. 2 Assignments Refers to Consumer Protection

  24. Senate Floor Amendment No. 1 Assignments Refers to Consumer Protection

  25. Senate Floor Amendment No. 2 Referred to Assignments

  26. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Edward D. Maloney

  27. Added as Alternate Chief Co-Sponsor Sen. William Delgado

  28. Senate Floor Amendment No. 1 Referred to Assignments

  29. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Edward D. Maloney

  30. Placed on Calendar Order of 2nd Reading April 20, 2010

  31. Do Pass Consumer Protection; 006-000-000

  32. Assigned to Consumer Protection

  33. Referred to Assignments

  34. First Reading

  35. Chief Senate Sponsor Sen. Edward D. Maloney

  36. Placed on Calendar Order of First Reading February 16, 2010

  37. Arrive in Senate

  38. Added Co-Sponsor Rep. John D'Amico

  39. Added Co-Sponsor Rep. Al Riley

  40. Added Chief Co-Sponsor Rep. Keith Farnham

  41. Third Reading - Short Debate - Passed 101-002-000

  42. Added Chief Co-Sponsor Rep. Patricia R. Bellock

  43. Placed on Calendar Order of 3rd Reading - Short Debate

  44. Second Reading - Short Debate

  45. Added Chief Co-Sponsor Rep. Jil Tracy

  46. Added Chief Co-Sponsor Rep. Sandra M. Pihos

  47. Placed on Calendar 2nd Reading - Short Debate

  48. Do Pass / Short Debate Consumer Protection Committee; 012-000-000

  49. Referred to Consumer Protection Committee

  50. Referred to Rules Committee

  51. First Reading

  52. Filed with the Clerk by Rep. Joseph M. Lyons

Sponsors

  • Joseph M. Lyons · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Joseph M. Lyons

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 2

Passed 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 101000
Democrat 12001
Republican 4000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Hatcher — Yea
Jakobsson — Yea
Jefferson — Yea
Lang — Yea
Reitz — Yea
Leitch — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Lyons — Yea
Mendoza — Yea
Moffitt — Yea
Mulligan — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Gordon, Careen — Yea
Gordon, Jehan — Yea
Cavaletto — Yea
Coladipietro — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Kosel — Yea
Davis, Monique — Yea
Hannig — Yea
Harris — Yea
Hernandez — Yea
Madigan — Yea
Watson — Yea
Myers — Yea
Nekritz — Yea
Howard — Yea
Osterman — Yea
Pihos — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Holbrook — Yea
Jackson — Yea
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Senger — Yea
Sente — Yea
Soto — Yea
Sommer — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Burns — Yea
Carberry — Yea
Connelly — Yea
McAsey — Yea
Coulson — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 7002
Unaffiliated 47002
Republican 1000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Kotowski — Yea
Demuzio — Yea
Link — Yea
Jacobs — Yea
Luechtefeld — Yea
McCarter — Yea
Meeks — Yea
Jones, J. — Yea
Millner — Yea
Sullivan — Yea
Muñoz — Yea
Noland — Yea
Schoenberg — Yea
Silverstein — Yea
Cullerton — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Brady — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Garrett — Yea
Haine — Yea
Hendon — Not Voting
Hultgren — Yea
Hutchinson — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Steans — Yea
Lauzen — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Forby — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 101 Yea · 2 Nay · 15 Other
Party YeaNayPresentNot Voting
Democrat 10001
Unaffiliated 882013
Republican 3001
Total 1012015
% of votes cast 86%2%0%13%
How each member voted (118)
Member Party Vote
Jakobsson — Yea
Jefferson — Not Voting
Lang — Yea
Leitch — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Mendoza — Yea
Reitz — Yea
Senger — Yea
Sente — Yea
Sommer — Yea
Soto — Yea
Thapedi — Yea
Lyons — Yea
Bradley — Yea
McGuire — Yea
Sullivan — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Dugan — Yea
Dunkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Froehlich — Yea
Golar — Yea
Gordon, Careen — Yea
Gordon, Jehan — Yea
Madigan — Yea
Moffitt — Yea
Myers — Yea
Nekritz — Yea
Hannig — Yea
Harris — Yea
Osterman — Yea
Phelps — Yea
Tryon — Yea
Watson — Yea
Hernandez — Yea
Turner — Not Voting
Verschoore — Yea
Wait — Yea
Howard — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Davis, Monique — Not Voting
Burke — Not Voting
Brady — Not Voting
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Connelly — Yea
Coulson — Not Voting
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Durkin — Nay
Fritchey — Not Voting
Graham — Yea
Hamos — Yea
Hatcher — Yea
Holbrook — Yea
Jackson — Yea
Kosel — Not Voting
Osmond — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Not Voting
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Acevedo — Yea
Arroyo — Not Voting
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Nay
Boland — Not Voting
Bost — Yea
Brauer — Yea
Brosnahan — Not Voting
Burns — Yea
McAsey — Yea
Mulligan — Not Voting
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Not Voting
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Not Voting
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Subjects

finance civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 4698 do?
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that if a consumer purchases merchandise, it is an unlawful practice for the seller of the merchandise to enroll the consumer in a "club" or group whereby the consumer will periodically receive from the seller or another person shipments of similar merchandise not ordered or otherwise expressly requested by the consumer, unless the consumer expressly agrees in writing to be enrolled in the "club" or group and receive such periodic shipments of merchandise. Effective immediately.
Who sponsors HB 4698?
HB 4698 is sponsored by Joseph M. Lyons.
What is the current status of HB 4698?
This bill has been enacted into law. Introduced December 04, 2009. Enacted.
Where can I track HB 4698?
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Last checked for changes 3 months ago · updated continuously

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