Illinois Amends Consumer Fraud and Deceptive Business Practices Act
This article is not intended to be interpreted as legal advice. All Darwill clients should consult their legal counsel on any disclosure requirements in their direct mail campaigns.
The Illinois General Assembly has amended the Consumer Fraud and Deceptive Business Practices Act. This article summarizes our understanding of the law.
Effective January 1, 2024, the amendments to SB 1440 expand upon direct mail requirements intended to protect Illinois consumers against "fake final notices." View the Enacted Law and Bill History.
What You Need to Know
This law applies to mailers, letters, and postcards that are "disguised" as a renewal, invoice, bill, statement, reminder, or final notice that creates the impression of an existing obligation.
The amendment requires all mail solicitations directed to Illinois consumers:
- Must disclose that the mail piece is not a bill/invoice but a solicitation.
- Must disclose any affiliations (i.e., not affiliated with manufacturer or dealer).
- All disclosures must be at the top of the letter or postcard, legible, and printed in at least 14-point boldface font in a black outlined box.
Since there is some ambiguity in the language of the amendments, we are recommending our clients make their own decisions based on their interpretation of the law. Darwill will continue to monitor the situation and update this article as more is understood about the law.
Who to Contact with Questions
If you have questions, you can contact the bill sponsors of SB 1440, Senator Rachel Ventura and Representative Hoan Huynh.
Senator Rachel Ventura
Springfield Office: (217) 782-8800
District Office: (331) 290-0443
Representative Hoan Huynh
Springfield Office: (217) 782-4089
District Office: (773) 348-3434
