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IL Rules on Credit Cards & ID Theft


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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.

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When someone other than the individual requests a credit card and signes an agreement, uses the card and pays the monthly bills for a brief period of time -- this is identity theft by pros. While a person does not have to be intelligent or smart to do this it is never the less an effective way to steal.

I hope that some day the credit card issurers put the person's mug and finger print with correspondng magnetic setup in the card. That is not 100% safe but to the idiots who learn to steal from neighbors it will be hard for them duplicate all the ID informaton. Now all a poerson need is the plastic and they can iuse it anywhere they chose without even the slightest chance of being caught.

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