unfair trade practicesThe phrase unfair trade practices can be defined as any business practice or act that is deceptive, fraudulent, or causes injury to a consumer. These practices can include acts that are deemed unlawful, such as those that violate a consumer protection law. Some examples of unfair
trade methods are: the false representation of a good or service; false free gift or prize offers; non-compliance with manufacturing standards; false advertising; or deceptive pricing. unfair advertisingA simple definition of unfair advertising is false advertising that misrepresents a product, service, or price. A broader description of the term will include unfair sales strategies, such as “bait and switch,” a practice of advertising one item at a low price with
the intent of actually selling other items. Unfair ads can be categorized as those with incorrect pricing, fake endorsements, false statements, or exaggerated performance descriptions. Deceptive guarantees are also considered a form of unfair advertising. Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public
Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database
and you should refer to that Public Act to see the changes made to the current law. BUSINESS TRANSACTIONS
(815 ILCS 510/) Uniform Deceptive Trade Practices Act.
815 ILCS 510/1
(815 ILCS 510/1) (from Ch. 121 1/2, par. 311)
Sec. 1.
As used in this Act, unless the context otherwise requires:
(1) "article" means a product as distinguished from a trademark, label
or distinctive dress in packaging;
(2) "certification mark" means a mark used in connection with the goods
or services of a person other than the certifier to indicate geographic
origin, material, mode of manufacture, quality, accuracy or other
characteristics of the goods or services or to indicate that the work or
labor on the goods or services was performed by members of a union or other
organization;
(3) "collective mark" means a mark used by members of a cooperative,
association or other collective group or organization to identify goods or
services and distinguish them from those of others or to indicate
membership in the collective group or organization;
(4) "mark" means a word, name, symbol, device or any combination of the
foregoing in any form or arrangement;
(5) "person" means an individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership, unincorporated association, 2 or more of any of the foregoing
having a joint or common interest or any other legal or commercial entity;
(6) "service mark" means a mark used by a person to identify services
and to distinguish them from the services of others;
(7) "trademark" means a mark used by a person to identify goods and to
distinguish them from the goods of others;
(8) "trade name" means a word, name, symbol, device or any combination
of the foregoing in any form of arrangement used by a person to identify
his business, vocation or occupation and distinguish it from the business,
vocation or occupations of others.
(Source: Laws 1965, p. 2647.)
815 ILCS 510/2
(815 ILCS 510/2) (from Ch. 121 1/2, par. 312)
Sec. 2.
Deceptive trade practices.
(a) A person engages in a deceptive trade practice when, in the course
of his or her business, vocation, or occupation, the person:
(1) passes off goods or services as those of another;
(2) causes likelihood of confusion or of
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(3) causes likelihood of confusion or of
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(4) uses deceptive representations or designations of
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(5) represents that goods or services have
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(6) represents that goods are original or new if they
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(7) represents that goods or services are of a
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(8) disparages the goods, services, or business of
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(9) advertises goods or services with intent not to
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(10) advertises goods or services with intent not to
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(11) makes false or misleading statements of fact
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(12) engages in any other conduct which similarly
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(b) In order to prevail in an action under this Act, a plaintiff
need not prove competition between the parties or actual confusion or
misunderstanding.
(c) This Section does not affect unfair trade practices otherwise
actionable at common law or under other statutes of this State.
(Source: P.A. 92-16, eff. 6-28-01)
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815 ILCS 510/3
(815 ILCS 510/3) (from Ch. 121 1/2, par. 313)
Sec. 3.
A person likely to be damaged by a deceptive trade practice of
another may be granted injunctive relief upon terms that the
court considers reasonable. Proof of monetary damage, loss of profits or
intent to deceive is not required. Relief granted for the copying of an
article shall be limited to the prevention of confusion or misunderstanding
as to source.
Costs or attorneys' fees or both may be assessed against a defendant only
if the court finds that he has wilfully engaged in a deceptive trade practice.
The relief provided in this Section is in addition to remedies otherwise
available against the same conduct under the common law or other statutes of this State.
(Source: P.A. 81-1509.)
815 ILCS 510/4
(815 ILCS 510/4) (from Ch. 121 1/2, par. 314)
Sec. 4.
This Act does not apply to:
(1) conduct in compliance with the orders or rules of or a statute
administered by a Federal, state or local governmental agency;
(2) publishers, broadcasters, printers or other persons engaged in the
dissemination of information or reproduction of printed or pictorial matter
who publish, broadcast or reproduce material without knowledge of its
deceptive character; or
(3) actions or appeals pending on the effective date of this Act.
Subsections (2) and (3) of Section 2 do not apply to the use of a
service mark, trademark, certification mark, collective mark, trade name or
other trade identification that was used and not abandoned before the
effective date of this Act, if the use was in good faith and is otherwise
lawful except for this Act.
(Source: Laws 1965, p. 2647.)
815 ILCS 510/5
(815 ILCS 510/5) (from Ch. 121 1/2, par. 315)
Sec. 5.
This Act shall be construed to effectuate its general purpose to
make uniform the law of those states which enact it.
(Source: Laws 1965, p. 2647.)
815 ILCS 510/6
(815 ILCS 510/6) (from Ch. 121 1/2, par. 316)
Sec. 6.
This Act may be cited as the Uniform Deceptive Trade Practices Act.
(Source: Laws 1965, p. 2647.)
815 ILCS 510/7
(815 ILCS 510/7) (from Ch. 121 1/2, par. 317)
Sec. 7.
If any provision of this Act or the application thereof to any
person or circumstances is held invalid, the invalidity does not affect
other provisions or applications of the Act which can be given effect
without the invalid provision or application, and to this end the
provisions of this Act are severable.
(Source: Laws 1965, p. 2647.)
What are the three indicators of a deceptive act or practice?
There must be a representation, omission, or practice that misleads or is likely to mislead the consumer. An act or practice may be found to be deceptive if there is a representation, omission, or practice that misleads or is likely to mislead a consumer.
What are deceptive trade practices give 2 examples?
Unfair business practices include misrepresentation, false advertising or representation of a good or service, tied selling, false free prize or gift offers, deceptive pricing, and noncompliance with manufacturing standards.
Which of the following is an unfair trade practice?
Some examples of unfair trade methods are: the false representation of a good or service; false free gift or prize offers; non-compliance with manufacturing standards; false advertising; or deceptive pricing.
What prohibits deceptive practices?
Section 5 of the Federal Trade Commission Act (FTC Act) (15 USC 45) prohibits ''unfair or deceptive acts or practices in or affecting commerce. '' The prohibition applies to all persons engaged in commerce, including banks.
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