(225 ILCS 407/10-27)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10-27. Registration of Internet Auction Listing Service.
(a) For the purposes of this Section:
(1) "Internet Auction Listing Service" means a
website on the Internet, or other interactive computer service that is designed to allow or advertised as a means of allowing users to offer personal property or services for sale or lease to a prospective buyer or lessee through an on-line bid submission process using that website or interactive computer service and that does not examine, set the price, or prepare the description of the personal property or service to be offered, or in any way utilize the services of a natural person as an auctioneer.
(2) "Interactive computer service" means any
information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet.
(b) It is unlawful for any person, corporation, limited liability company, partnership, or other entity to provide an Internet auction listing service in the State of Illinois for compensation without being registered with the Department when:
(1) the person, corporation, limited liability
company, partnership, or other entity providing the Internet auction listing service is located in the State of Illinois;
(2) the prospective seller or seller, prospective
lessor or lessor, or prospective purchaser or purchaser is located in the State of Illinois and is required to agree to terms with the person, corporation, limited liability company, partnership, or other entity providing the Internet auction listing service, no matter where that person, corporation, limited liability company, partnership, or other entity is located; or
(3) the personal property or services offered for
sale or lease are located or will be provided in the State of Illinois.
(c) Any person, corporation, limited liability company, partnership, or other entity that provides an Internet auction listing service in the State of Illinois for compensation under any of the circumstances listed in subsection (b) shall register with the Department on forms provided by the Department accompanied by the required fee as provided by rule. Such registration shall include information as required by the Department and established by rule as the Department deems necessary to enable users of the Internet auction listing service in Illinois to identify the entity providing the service and to seek redress or further information from such entity. The fee shall be sufficient to cover the reasonable costs of the Department in administering and enforcing the provisions of this Section. The registrant shall be required to certify:
(1) that the registrant does not act as the agent of
users who sell items on its website, and acts only as a venue for user transactions;
(2) that the registrant requires sellers and bidders
to register with the website and provide their name, address, telephone number and e-mail address;
(3) that the registrant retains such information for
a period of at least 2 years;
(4) that the registrant retains transactional
information consisting of at least seller identification, high bidder identification, and item sold for at least 2 years from the close of a transaction, and has a mechanism to identify all transactions involving a particular seller or buyer;
(5) that the registrant has a mechanism to receive
complaints or inquiries from users;
(6) that the registrant adopts and reasonably
implements a policy of suspending, in appropriate circumstances, the accounts of users who, based on the registrant's investigation, are proven to have engaged in a pattern of activity that appears to be deliberately designed to defraud consumers on the registrant's website; and
(7) that the registrant will comply with the
Department and law enforcement requests for stored data in its possession, subject to the requirements of applicable law.
(d) The Department may refuse to accept a registration which is incomplete or not accompanied by the required fee. The Department may impose a civil penalty not to exceed $10,000 upon any Internet auction listing service that intentionally fails to register as required by this Section, and may impose such penalty or revoke, suspend, or place on probation or administrative supervision the registration of any Internet auction listing service that:
(1) intentionally makes a false or fraudulent
material representation or material misstatement or misrepresentation to the Department in connection with its registration, including in the certification required under subsection (c);
(2) is convicted of any crime, an essential element
of which is dishonesty, fraud, larceny, embezzlement, or obtaining money, property, or credit by false pretenses or by means of a confidence game; or is convicted in this or another state of a crime that is a felony under the laws of this State; or is convicted of a felony in a federal court;
(3) is adjudged to be a person under legal disability
or subject to involuntary admission or to meet the standard for judicial admission as provided in the Mental Health and Developmental Disabilities Code;
(4) has been subject to discipline by another state,
the District of Columbia, a territory of the United States, a foreign nation, a governmental agency, or any other entity authorized to impose discipline if at least one of the grounds for that discipline is the same as or equivalent to one of the grounds for discipline set forth in this Section or for failing to report to the Department, within 30 days, any adverse final action taken against the registrant by any other licensing or registering jurisdiction, government agency, law enforcement agency, or court, or liability for conduct that would constitute grounds for action as set forth in this Section;
(5) fails to make available to the Department
personnel during normal business hours all records and related documents maintained in connection with the activities subject to registration under this Section;
(6) makes or files false records or reports in
connection with activities subject to registration, including but not limited to false records or reports filed with State agencies;
(7) fails to provide information within 30 days in
response to a written request made by the Department to a person designated in the registration for receipt of such requests; or
(8) fails to perform any act or procedure described
in subsection (c) of this Section.
(e) Registrations issued pursuant to this Section shall be defined by rule. A registrant shall submit a renewal application to the Department on forms provided by the Department along with the required fee as established by rule.
(f) Operating an Internet auction listing service under any of the circumstances listed in subsection (b) without being currently registered under this Section is declared to be adverse to the public welfare, to constitute a public nuisance, and to cause irreparable harm to the public welfare. The Secretary, the Attorney General of the State of Illinois, the State's Attorney of any county in the State, or any other person may maintain an action and apply for injunctive relief in any circuit court to enjoin the person or entity from engaging in such practice.
(g) The provisions of Sections 20-25, 20-30, 20-35, 20-40, 20-50, 20-55, 20-60 and 20-75 of this Act shall apply to any actions of the Department exercising its authority under subsection (d) as if a person required to register under this Section were a person holding or claiming to hold a license under this Act.
(h) The Department shall have the authority to adopt such rules as may be necessary to implement or interpret the provisions of this Section.
(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
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Last modified: February 18, 2015