815 ILCS 350/0.01
Short title
Short title. This Act may be cited as the Fraudulent Sales Act. (Source: P.A. 86-1324.)
Illinois Compiled Statutes 815 ILCS 350 — Fraudulent Sales Act.
Illinois · statute · 815 ILCS 350 · 14 active provisions
815 ILCS 350/1
Findings and declaration of General Assembly
Findings and declaration of General Assembly. The General Assembly has found and declares: That sales to be licensed and regulated pursuant to the provisions of this Act have often been conducted and advertised in such a manner as to mislead and defraud the public and otherwise to result in harm to the public interest;…
815 ILCS 350/2
Definitions
Definitions. In this Act, unless the context or subject matter otherwise requires: A "going out of business sale" means any sale, whether described by such name or by any other name (such as, but not limited to, "closing out sale", "liquidation sale", "lost our lease sale", "forced to vacate sale"), held in such a mann…
815 ILCS 350/3
Insurance, salvage, removal, going out of business, creditor's and other special sales-Sale of damaged goods-License required-Exceptions
Insurance, salvage, removal, going out of business, creditor's and other special sales-Sale of damaged goods-License required-Exceptions. No person shall directly or indirectly advertise or cause to be advertised, represent or cause to be represented, or hold out to the public in any manner that any sale of goods is an…
815 ILCS 350/4
Application for license - Contents - Inventory
Application for license - Contents - Inventory. Any applicant for a license under this Act shall file an application in writing and under oath with the appropriate clerk setting out the following facts and information regarding such a proposed sale: (a) The name and address of the applicant for the license, who must be…
815 ILCS 350/5
Issuance of license-Restrictions
Issuance of license-Restrictions. The clerk, upon receipt of an application giving fully and completely the information under oath as required by section 4 above and upon receipt of the fee hereinafter provided for, shall issue a license to the applicant therefor, authorizing such applicant to advertise, represent, and…
815 ILCS 350/6
Record of application
Record of application. Every clerk who issues a license under this Act shall endorse upon each such application the date of its filing and shall preserve it, and the inventory attached to it, as a public record of his office, and shall make a notation of it in a book to be kept for that purpose, properly indexed, showi…
815 ILCS 350/7
Sales as bankrupt, etc
Sales as bankrupt, etc. It shall be unlawful for any person to advertise, or otherwise to represent, for sale, or to sell, any goods at a bankruptcy, executor's, administrator's, receiver's or trustee's sale, except pursuant to, and in compliance with, federal or state statutory authority or judicial process, or as an…
815 ILCS 350/8
Duration of sale - License fee
Duration of sale - License fee. A license to conduct a sale issued pursuant to this Act shall not be issued or valid for a period of more than 60 days from the start of such sale, and such sale may be conducted only during the period set forth in such license; provided, however, that such license may be renewed once on…
815 ILCS 350/9
Copy of application, inventory and license to be posted-License to be referred to in advertisements
Copy of application, inventory and license to be posted-License to be referred to in advertisements. A copy of the application for a license to conduct a sale under this Act, including the inventory filed therewith, shall be posted in a conspicuous place in the sales room or place where the inventoried goods are to be…
815 ILCS 350/10
Substitution, addition and commingling of goods-License void-Certain purchases prohibited
Substitution, addition and commingling of goods-License void-Certain purchases prohibited. Any substitution for or addition to goods described in an inventory filed pursuant to this Act, or any change in the time or place for a sale conducted pursuant to this Act, shall be unlawful and shall void any license issued to…
815 ILCS 350/10.5
Injunction
Injunction. The Attorney General may bring an action in a circuit court to enjoin a sale subject to this Act when the sale is being conducted without a license issued under this Act. (Source: P.A. 88-29.)
815 ILCS 350/11
Violation-Sentence
Violation-Sentence. Any person, including both the applicant and an individual filing on behalf of an applicant, who shall procure from such clerk a license to conduct a sale under the description of one of the names set out in Section 3 hereof, which name shall be a misrepresentation of the true description or charact…
815 ILCS 350/12
Partial invalidity
Partial invalidity. If any section, subsection, sentence, clause or portion of this Act is held invalid or unconstitutional by any court of competent jurisdiction for any reason, such portion of this Act shall be deemed a separate, distinct and independent provision and such court action shall not affect the validity o…