815 ILCS 635/4 — Illinois Code / Chapter 815 / Act 635 / Section 4
Section 4
Status: in_force

(815 ILCS 635/4) (from Ch. 29, par. 904) Sec. 4. Advertising Standards and Disclosures. (1) A Membership Camping Operator shall provide to a purchaser at least the following written disclosures before the purchaser signs a Membership Camping Contract, or gives any money or thing of value for the purchase of a Membership Camping Contract. These disclosures shall contain reasonably current information and shall be included in the Contract or in one separate disclosure document at the option of the Membership Camping Operator. These disclosures shall be updated annually for use with new purchasers. (a) the name, principal address, and telephone number of the Membership Camping Operator and of its offices in this State; (b) a description of the nature of the purchaser's title to, interest in, or right or license to use the campgrounds and amenities; (c) a summary and copy of the articles, bylaws, rules, restrictions, or covenants regulating the member's use of each campground and amenities on each campground in this State, including a statement of whether and how the articles, bylaws, rules, restrictions, or covenants may be changed; provided that the foregoing need not include any temporary or emergency rules or any rules adopted in response to unique local or immediate needs if the rules and regulations are posted at the campground; (d) a description of all payments required of a member under a Membership Camping Contract, including initial fees and any further fees, charges or assessments, together with any provisions for changing the payments; (e) a description of any constraints on the transfer of Membership Camping Contracts; and (f) a description of any grounds for forfeiture of a Membership Camping Contract. (2) Advertising. (a) Origination and Endorsement in Contents or on Envelopes. (i) Solicitations must not state or imply that they are made by or originate from a government or other public agency. (ii) Solicitations must not state or imply that they are from bill collection firms, credit reporting agencies, law offices, or public utilities. (iii) References in solicitations to professionals must not mislead as to the function of such professionals. (b) Premiums. Solicitations that include offers of premiums to consumers must comply with the following requirements. (i) The solicitation must clearly disclose: (A) the purpose of the solicitation; (B) the nature of the development and development interest being offered for sale; (C) the eligibility requirements to obtain the premium; (D) any restrictions on the right to receive the premium or to otherwise participate; (E) any additional costs associated with making the premium operational, other than shipping or battery costs; (F) if a purchase is necessary in order to receive the premium; (G) if participation in a sales presentation or tour of the development is necessary in order to receive the premium; (H) the approximate duration of any sales presentation or development tour; (I) the name and address of the development firm if different from the project, pursuant to subsection (2)(b)(i)(J) of this Section, and the marketing firm responsible for the solicitation; and (J) the name and address of the project at which the development interest is located. (ii) Premiums offered in these solicitations: (A) shall not be represented by description, name, pricing, narrative copy, or graphic depiction in any manner that tends to mislead or deceive the consumer as to the true nature, value, size, or kind; (B) may be substituted, if the premiums are offered subject to a right to substitute, for premiums of equal or greater value because the item offered is not available on the market. Disclosure of this fact must be included in the solicitations. Premiums of lesser value shall not be substituted unless such a substitution is requested by the consumer. (C) must not be offered if it can be reasonably foreseen that they will not be readily available at the time and place the consumers are to receive them; (D) must be shipped within 30 days without additional cost, time or travel required of the consumer if the premiums or their substitutes cannot be distributed at the time represented; and (E) must reflect nationally advertised retail value of the item or be based upon reasonable comparables when presented along with price information. (iii) Consumers must not be referred to as "winners", told that they have "won" a premium, or be informed that the premium is an "award", "prize", "gift", or is "free" or any similar terms unless all terms, conditions, and obligations upon which the offer or premium is contingent are clearly and conspicuously set forth so as to leave no reasonable probability that the terms of the offer might be misunderstood. (c) Programs Involving Chance, Gaming, or Sweepstakes. Solicitations in which premiums are distributed and that imply chance or gaming in any way, including references to "sweepstakes" or similar terms, must comply with these requirements: (i) The complete rules or procedures must be disclosed including; (A) any eligibility requirements; (B) "odds" on receiving each premium expressed in Arabic numerals or fractions and not in decimals or percentages; and (C) the minimum quantity of each premium to be distributed assuming such premiums are properly claimed. (ii) There must be disclosure of: (A) the rules or procedures for distributing all unclaimed premiums unless the solicitations make clear that unclaimed premiums will not be distributed; (B) the date by which distribution will be made; (C) the rules or procedures by which a consumer may obtain a list of major premium recipients; and (D) the date when such a list may be obtained. (d) Programs involving certificates or coupons. Solicitations that include the offer or distribution of premiums to consumers in the form of certificates, coupons, vouchers, checks, stamps or other documents representing something of value, including travel or lodging certificates, must comply with the following: (i) Any restrictions or conditions on the redemption or use of the certificates must be disclosed on the solicitation; (ii) If the consumer must pay all or part of the transportation costs, whether or not accompanied, must be disclosed on the solicitation; and (iii) Lengthy delays, onerous procedures, or other inhibitions that have the purpose or effect of discouraging redemption or use of the certificates must not be imposed. (e) Electronic media advertisements. Solicitations using electronic media advertisements such as radio or television need not provide all of the disclosures required by this Section for solicitations; but such advertisements must be accurate and consistent with other solicitations or sales information provided to customers. (f) A third party, other than an employee or salesperson of the Operator, who provides, by arrangement with the Operator, exchange privileges, services, premiums, and other amenities to consumers is solely liable for any acts, failures to act, misstatements, or misrepresentations by such third party, unless the Operator knew or, through the use of reasonable diligence, should have known of any such acts, failures to act, misstatements, or misrepresentations of such third party. (Source: P.A. 85-812.)