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Full Text of HB4044
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HB4044 - 104th General Assembly
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House Amendment 001
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House Amendment 001
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HB4044 Enrolled
LRB104 12966 SPS 24599 b
1
AN ACT concerning business.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
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Section 1.
Short title.
This Act may be cited as the
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Consumer Product Return Act.
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Section 5.
Definitions.
As used in this Act:
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"Consumer product" means any machine, appliance, clothing,
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or similar product bought for personal, family, or household
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purposes. "Consumer product" does not include prescription
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medicine, over-the-counter medicine, medical equipment, or
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food or beverage items intended for human consumption.
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"Person" means an individual, natural person, public or
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private corporation, government, partnership, unincorporated
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association, or other entity.
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"Retail mercantile establishment" means a place of
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business in this State that is open to the general public for
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the sale of consumer products. "Retail mercantile
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establishment" does not include an establishment for which
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more than 50% of gross annual sales are derived from the sale
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of food or beverages for either on-premises consumption or
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off-premises preparation and consumption.
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"Unopened" means a product that remains in its original
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manufacturer or retailer packaging; has not been unsealed,
HB4044 Enrolled
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LRB104 12966 SPS 24599 b
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unwrapped, opened, or otherwise tampered with; and retains all
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original labels, shrink wrap, seals, or tags intact and
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affixed in their original condition.
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"Unused" means a product that has not been worn,
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installed, operated, consumed, or otherwise subjected to any
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use, handling, or alteration that changes its original
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condition as sold.
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Section 10.
Unopened and unused returns.
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(a) A retail mercantile establishment shall not limit the
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method of return or refund to the issuance of store credit when
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accepting the return of an unopened or unused consumer product
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from a consumer.
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(b) A retail mercantile establishment may require a
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consumer to provide reasonable proof of purchase, including,
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but not limited to, a receipt, transaction record,
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identification, or other evidence, and may use any reasonable
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method to verify that the consumer purchased the unused or
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unopened consumer product before processing a return, refund,
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or exchange under this Section.
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(c) Nothing in this Section shall be construed to require
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a retail mercantile establishment to accept the return of a
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consumer product if the establishment, in its reasonable
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judgment, suspects fraud or determines that the consumer
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product is not unopened or unused.
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(d) Nothing in this Section shall be construed to
HB4044 Enrolled
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LRB104 12966 SPS 24599 b
1
prohibit, restrict, or regulate a retail mercantile
2
establishment from establishing a return policy or terms and
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conditions governing the return of a consumer product if the
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requirements of subsection (a) are satisfied.
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(e) Nothing in this Section shall be construed to
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prohibit, restrict, or regulate a retail mercantile
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establishment from offering any lawful method of refund or
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exchange for a consumer product, including, but not limited
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to, store credit, refund in the original form of payment,
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product exchange, or any other method of return.
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(f) Nothing in this Section shall be construed to require
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a retail mercantile establishment to accept the return of any
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consumer product that does not qualify for return under the
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establishment's return policy or applicable law.
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(g) No person, including, but not limited to, online
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marketplaces, delivery service providers, or any other
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intermediaries involved in the purchase or delivery of a
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consumer good, shall fail to remit to a retail mercantile
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establishment the value of a consumer product when a purchase
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is rescinded, if the consumer has received the product and has
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not returned, or made the product available for return to, the
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retail mercantile establishment.
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Section 15.
Penalties.
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(a) A violation of this Act is a business offense with a
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fine not to exceed $25. A retail mercantile establishment
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shall not be fined in excess of $500 in a calendar year for
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violations of this Act. A violation of this Act shall be
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prosecuted by the State's Attorney of the county in which the
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violation occurred.
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(b) A person may bring an action for injunctive relief to
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obtain compliance with this Act. An action brought under this
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Section shall be limited to injunctive or other equitable
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relief necessary to secure compliance with this Act and shall
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not authorize an award of damages, civil penalties, attorney's
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fees, or costs.
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Section 20.
Notice to cure.
Before a fine may be imposed
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under this Act, the State's Attorney of the county in which the
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violation occurred shall provide the retail mercantile
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establishment with written notice of the violation. The retail
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mercantile establishment shall have 30 days after the date of
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the notice to cure the violation. If the violation is cured
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within the 30-day period, no fine shall be imposed for that
18
violation.
19
Section 25.
Home rule.
The regulation of the return of
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consumer products is an exclusive power and function of the
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State. A home rule unit may not regulate the return of consumer
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products. This Section is a denial and limitation of home rule
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powers and functions under subsection (h) of Section 6 of
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Article VII of the Illinois Constitution.
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1
Section 99.
Effective date.
This Act takes effect July 1,
2
2027.
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