HB 4447

Abstract

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for any person to solicit the purchase of an extended warranty through the mail. Amends the Personal Information Protection Act. Provides that, annually, on or before January 31, a data broker operating in the State shall: (1) register with the Secretary of State; (2) pay a registration fee of $100; and (3) provide specified information. Provides penalties for data brokers that fail to register with the Secretary of State. Provides that the Attorney General may maintain an action in circuit court to collect penalties and to seek injunctive relief. Defines "data broker" and "brokered personal information". House Committee Amendment No. 1 Deletes reference to: 815 ILCS 530/55 new Adds reference to: New Act 815 ILCS 505/2FFFF new Replaces everything after the enacting clause. Creates the Data Broker Registration Act. Provides that, annually, on or before January 31, a data broker operating in the State shall: (1) register with the Secretary of State; (2) pay a registration fee of $100; and (3) provide specified information. Provides that the Secretary of State shall publish on its website a list of registered data brokers and update the list annually. Sets forth provisions concerning penalties and rules. Provides that a violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for any person to solicit the purchase of an extended warranty for a motor vehicle through the mail. Provides that any person who violates the Data Broker Registration Act commits an unlawful practice within the meaning of the Act. Amends the Personal Information Protection Act. Provides that the definition of "personal information" includes motor vehicle purchasing information and home purchasing information. House Floor Amendment No. 5 Deletes reference to: 815 ILCS 505/2EEEE new 815 ILCS 505/2FFFF new 815 ILCS 530/5 Replaces everything after the enacting clause. Creates the Motor Vehicle Dealer Protection Act. Provides that a person shall not use the name, image, likeness, registered trademark, or intellectual property belonging to a motor vehicle dealer without first obtaining written permission from the motor vehicle dealer. Provides for enforcement and penalties. Defines terms. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following change. Inserts a severability clause.