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07-27-2003, 06:40 AM
Illinois Compiled Statutes
Business Transactions
Credit Card Liability Act
815 ILCS 145/
(815 ILCS 145/)
(815 ILCS 145/0.01)
Sec. 0.01. Short title. This Act may be cited as the Credit Card
Liability Act.
(Source: P.A. 86-1324.)
(815 ILCS 145/1)
Sec. 1. (a) No person in whose name a credit card is issued without
his having requested or applied for the card or for the extension of the
credit or establishment of a charge account which that card evidences is
liable to the issuer of the card for any purchases made or other amounts
owing by a use of that card from which he or a member of his family or
household derive no benefit unless he has indicated his acceptance of
the card by signing or using the card or by permitting or authorizing
use of the card by another. A mere failure to destroy or return an
unsolicited card is not such an indication. As used in this Act, "credit
card" has the meaning ascribed to it in Section 2.03 of the Illinois
Credit Card Act, except that it does not include a card issued by any
telephone company that is subject to supervision or regulation by the
Illinois Commerce Commission or other public authority.
(b) When an action is brought by an issuer against the person named
on the card, the burden of proving the request, application,
authorization, permission, use or benefit as set forth in Section 1
hereof shall be upon plaintiff if put in issue by defendant. In the
event of judgment for defendant, the court shall allow defendant a
reasonable attorney's fee, to be taxed as costs.
(Source: P. A. 78-777.)
(815 ILCS 145/2)
Sec. 2. (a) Notwithstanding that a person in whose name a credit
card has been issued has requested or applied for such card or has
indicated his acceptance of an unsolicited credit card, as provided in
Section 1 hereof, such person shall not be liable to the issuer unless
the card issuer has given notice to such person of his potential
liability, on the card or within two years preceding such use, and has
provided such person with an addressed notification requiring no postage
to be paid by such person which may be mailed in the event of the loss,
theft, or possible unauthorized use of the credit card, and such person
shall not be liable for any amount in excess of the applicable amount
hereinafter set forth, resulting from unauthorized use of that card
prior to notification to the card issuer of the loss, theft, or possible
unauthorized use of that card:
Card without a signature panel................................$25.00
Card with a signature panel...................................$50.00
After the holder of the credit card gives notice to the issuer that
a credit card is lost or stolen he is not liable for any amount
resulting from unauthorized use of the card.
(b) When an action is brought by an issuer against the person named
on a card, issuance of which has been requested, applied for, solicited
or accepted and defendant puts in issue any transaction arising from the
use of such card, the burden of proving benefit, authorization, use or
permission by defendant as to such transaction shall be upon plaintiff.
In the event defendant prevails with respect to any transaction so put
in issue, the court may enter as a credit against any judgment for
plaintiff, or as a judgment for defendant, a reasonable attorney's fee
for services in connection with the transaction in respect of which the
defendant prevails.
(Source: P. A. 77-1637.)
http://www.legis.state.il.us/legislation/ilcs/ch815/ch815act145.htm
This is important that you take steps to insure you excersise your rights when dealing with credit cards & ID Theft.
Business Transactions
Credit Card Liability Act
815 ILCS 145/
(815 ILCS 145/)
(815 ILCS 145/0.01)
Sec. 0.01. Short title. This Act may be cited as the Credit Card
Liability Act.
(Source: P.A. 86-1324.)
(815 ILCS 145/1)
Sec. 1. (a) No person in whose name a credit card is issued without
his having requested or applied for the card or for the extension of the
credit or establishment of a charge account which that card evidences is
liable to the issuer of the card for any purchases made or other amounts
owing by a use of that card from which he or a member of his family or
household derive no benefit unless he has indicated his acceptance of
the card by signing or using the card or by permitting or authorizing
use of the card by another. A mere failure to destroy or return an
unsolicited card is not such an indication. As used in this Act, "credit
card" has the meaning ascribed to it in Section 2.03 of the Illinois
Credit Card Act, except that it does not include a card issued by any
telephone company that is subject to supervision or regulation by the
Illinois Commerce Commission or other public authority.
(b) When an action is brought by an issuer against the person named
on the card, the burden of proving the request, application,
authorization, permission, use or benefit as set forth in Section 1
hereof shall be upon plaintiff if put in issue by defendant. In the
event of judgment for defendant, the court shall allow defendant a
reasonable attorney's fee, to be taxed as costs.
(Source: P. A. 78-777.)
(815 ILCS 145/2)
Sec. 2. (a) Notwithstanding that a person in whose name a credit
card has been issued has requested or applied for such card or has
indicated his acceptance of an unsolicited credit card, as provided in
Section 1 hereof, such person shall not be liable to the issuer unless
the card issuer has given notice to such person of his potential
liability, on the card or within two years preceding such use, and has
provided such person with an addressed notification requiring no postage
to be paid by such person which may be mailed in the event of the loss,
theft, or possible unauthorized use of the credit card, and such person
shall not be liable for any amount in excess of the applicable amount
hereinafter set forth, resulting from unauthorized use of that card
prior to notification to the card issuer of the loss, theft, or possible
unauthorized use of that card:
Card without a signature panel................................$25.00
Card with a signature panel...................................$50.00
After the holder of the credit card gives notice to the issuer that
a credit card is lost or stolen he is not liable for any amount
resulting from unauthorized use of the card.
(b) When an action is brought by an issuer against the person named
on a card, issuance of which has been requested, applied for, solicited
or accepted and defendant puts in issue any transaction arising from the
use of such card, the burden of proving benefit, authorization, use or
permission by defendant as to such transaction shall be upon plaintiff.
In the event defendant prevails with respect to any transaction so put
in issue, the court may enter as a credit against any judgment for
plaintiff, or as a judgment for defendant, a reasonable attorney's fee
for services in connection with the transaction in respect of which the
defendant prevails.
(Source: P. A. 77-1637.)
http://www.legis.state.il.us/legislation/ilcs/ch815/ch815act145.htm
This is important that you take steps to insure you excersise your rights when dealing with credit cards & ID Theft.