2023 Illinois Compiled Statutes › Chapter 815 - BUSINESS TRANSACTIONS › 815 ILCS 630/ - Job Referral and Job Listing Services Consumer Protection Act.

(815 ILCS 630/1) (from Ch. 121 1/2, par. 2001)
Sec. 1. 
		
		This Act shall be known and may be cited as the "Job
Referral and Job Listing Services Consumer Protection Act".
(Source: P.A. 85-1367.)
(815 ILCS 630/2) (from Ch. 121 1/2, par. 2002)
Sec. 2. 
		Definitions. 
		(a) "Employer" means a person seeking to obtain
employees to perform services, tasks, or labor for which a salary, wage, or
other compensation or benefits are to be paid.
(b) "Job listing service", "job referral service" or "Service" means any
person who by advertisement or otherwise offers to provide job seekers with
a list of employers or list of job referrals, openings or like
publications, or prepares resumes or lists of job seekers for distribution
to potential employers, where a fee is charged to or collected from the job
seeker, either directly or indirectly, for such service.
(c) "Prepaid computer job matching service" means any person, who is
engaged in the business of matching job seekers with employment
opportunities, pursuant to an arrangement under which the job seeker is
required to pay a fee in advance of, or contemporaneously with, the
supplying of the matching, but which does not otherwise involve services
for the procurement of employment by the person conducting the service.
(d) "Job seeker" means any individual seeking employment, career
guidance, counseling or employment related services or products.
(e) "Job listing authorization" means an oral or written communication
from an employer authorizing a Service to list a currently available position.
(f) "Person" means any individual, firm, association, partnership or corporation.
(Source: P.A. 85-1367.)
(815 ILCS 630/3) (from Ch. 121 1/2, par. 2003)
Sec. 3. 
		
		The provisions of this Act shall apply to any person engaging
in any of the activities regulated by this Act, including persons who
transact business in this State but whose residence or principal place of
business is located outside of this State.
(Source: P.A. 85-1367.)
(815 ILCS 630/4) (from Ch. 121 1/2, par. 2004)
Sec. 4. 
		The provisions of this Act shall not apply to:
(a) Any State, federal or local governmental agency that performs such
services;
(b) Any labor union that procures employment for any of its
members in any job coming under the jurisdiction of the union;
(c) Any news periodical which contains listings of or classified
advertisements for jobs, positions, employers, or job seekers where the
periodical also contains news stories of general interest, articles or
essays of opinion, features and other advertising and which is offered to
the general public for sale at a nominal fee;
(d) Any not for profit educational, religious, charitable or civic
organization which provides career counseling, job placement or other
employment-related services, skills evaluation, skills analysis, or testing
for vocational ability in order to develop a vocational profile to counsel
individuals and recommend placement opportunities
as part of the fulfillment of its educational, religious or charitable purpose
and which does not charge a fee for its services;
(e) Any copying, printing, duplicating or resume preparation service
which in no instance charges a fee, directly or indirectly, for providing
any employment-related service other than copying, printing, duplicating or
assisting in arranging the layout of a resume;
(f) Any other person or business entity that does not collect from or
charge the job seeker a fee for its services;
(g) Any newsletter or matching service provided by a not for profit
organization that has been in existence at least 3 years before the initiation
of the newsletter or matching service and when the annual fee for the service
does not exceed $50.
(Source: P.A. 88-478.)
(815 ILCS 630/5) (from Ch. 121 1/2, par. 2005)
Sec. 5. 
Every Service shall be required to:
(1) Keep and make available to the Attorney General     during regular business hours, and to the State's Attorney of any county in which the Service conducts business the following records:
(a) All job listing authorizations received by         the Service during the immediate past year.  Each such authorization shall include:
(i) the date when such authorization was             received.
(ii) the name of the person recording the             authorization.
(iii) the name and address of the employer or             agent of the employer, making the authorization.
(iv) the job title and the qualifications             therefor.
(v) the salary offered or to be paid for such             job, if known.
(vi) the duration of the job.
(b) Copies of all contracts, agreements or other         documents signed by job seekers, pursuant to Section 6 of this Act, for the immediate past year.
(c) Copies of all receipts for fee payments given         to each job seeker, pursuant to this Act, for the immediate past year.
(d) A current schedule of fees charged.
(e) All other written information relative to the         services provided to the job seeker.
(2) Furnish to each job seeker a copy of every     written instrument the job seeker has signed.
(3) Obtain a bona fide job order for employment prior     to collecting any fee from a job seeker or sending out a job seeker to any place of employment.
(4) Furnish to each job seeker from whom a fee is     received, at the time payment is received, a receipt in which shall be stated the name of the job seeker, the name and address of the Service and its agent, the date and amount of the fee and the purpose for which it was paid.
(5) Furnish to each job seeker, who is sent to a     prospective employer, with a card or similar paper stating the nature of the prospective employment, the names of the job seeker and prospective employer, and the address of the employer.
(6) Verify each job listing authorization received     from the authorizing employer within 7 days following the receipt or such authorization.
(7) Meet in person with a potential job seeker and     enter into a written contract before a job seeker provides payment for a job list.  A job list shall include, at a minimum, the following information:
(a) name and address of the employer or agent of         the employer, making the authorization;
(b) job title and the qualifications therefor;
(c) salary offered or to be paid for such job, if         known;
(d) the duration of the job;
(e) location of the job; and
(f) certification that the position has not been         filled as of the date that such a list is made available to the job seeker.
Said job list shall be considered deliverable under     the contract.
(Source: P.A. 99-642, eff. 7-28-16.)
(815 ILCS 630/6) (from Ch. 121 1/2, par. 2006)
Sec. 6. 
		
		Prior to the acceptance of a fee from a job seeker, a
Service shall provide the job seeker with a written
contract which shall include at least the following:
(1) The name of the Service and the addresses and telephone number of
each primary and other locations of the Service.
(2) A description of the job seeker's specifications for an employment
opportunity, including, but not limited to, the following:
(a) Type of jobs requested.
(b) Qualifications and experience of job seeker.
(c) Salary, benefits, and other conditions of employment.
(d) Geographic location of acceptable job opportunities.
(3) The contract expiration date.
(4) The signature of the agent or employee of the Service.
(Source: P.A. 85-1367.)
(815 ILCS 630/7) (from Ch. 121 1/2, par. 2007)
Sec. 7. 
		
		Every contract or receipt shall be made and numbered
consecutively in original and duplicate, both to be signed by the job
seeker and an agent or employee of the Service.  The original shall be
given to the job seeker and the duplicate shall be kept on file at the
Service's primary location.
(Source: P.A. 85-1367.)
(815 ILCS 630/8) (from Ch. 121 1/2, par. 2008)
Sec. 8. 
		
		(1) A Service shall refund in full the fee paid by a job
seeker if the Service does not, within 10 calendar days after execution
of the contract, supply at least 3 employment opportunities then
available to the job seeker and meeting the specifications of the contract.
(2) A Service will be deemed to have supplied information meeting the
specifications of the job seeker if the information supplied meets the
contract specifications with reference to:
(a) types of jobs requested;
(b) qualifications and experience of job seeker;
(c) salary, benefits, and other conditions of employment;
(d) geographical location of acceptable job opportunities; and
(e) any other specification expressly set forth in the contract.
(3) Each contract shall also contain refund provisions, which shall read
in type no smaller than 10 point bold face type as follows:
"YOUR RIGHT TO A REFUND
IF YOU HAVE NOT RECEIVED AT LEAST 3 JOB REFERRALS WHICH MATCH THE
SPECIFICATIONS OF THE CONTRACT WITHIN 10 CALENDAR DAYS FOLLOWING PAYMENT OF
YOUR FEE YOU ARE ENTITLED TO A REFUND IN FULL.  TO RECEIVE YOUR REFUND, YOU
OR YOUR REPRESENTATIVE MUST MAKE A DEMAND IN PERSON OR BY CERTIFIED MAIL TO
THE OFFICE WHERE THE CONTRACT WAS SIGNED.  THE DEMAND MUST BE MADE WITHIN
10 CALENDAR DAYS FOLLOWING THE EXPIRATION OF THE 10 DAY PERIOD IN WHICH JOB
REFERRALS MUST BE MADE.  YOU ARE ENTITLED TO YOUR REFUND WITHIN 10 DAYS
FOLLOWING THE DATE YOU MADE YOUR DEMAND IN PERSON OR THROUGH YOUR
REPRESENTATIVE OR WITHIN 10 DAYS FOLLOWING THE MAIL RECEIPT BY (name of
service) OF YOUR REFUND.  THIS PROVISION CANNOT BE WAIVED."
(Source: P.A. 85-1367.)
(815 ILCS 630/9) (from Ch. 121 1/2, par. 2009)
Sec. 9. 
		
		In addition to any act or practice in violation of the
Consumer Fraud and Deceptive Business Practices Act, as now or hereafter
amended, it shall be a violation of this Act for any Service or its agent
or employee to do any of the following:
(a) Make, or cause to be made, publish or cause to be published, any
false, misleading, or deceptive advertisement or representation concerning
the services or products that the service provides to job seekers.
(b) Disseminate information or publish or cause to be published an
advertisement for a job knowing or disregarding the fact that:
(1) The job does not exist or the job seeker is not qualified for the job.
(2) The job has been described or advertised by or on behalf of the
Service in a false, misleading, or deceptive manner.
(3) The Service has not confirmed the availability of the job as
required by Section 6 of this Act.
(4) The Service has not obtained written or oral permission to list the
job from the employer or an authorized agent of the employer.
(c) Divide or offer to divide fees, directly or indirectly, with
prospective or actual employers or any agent, employee or representative of
prospective or actual employers.
(d) Make a false statement or in any way falsely imply to any job seeker
that a person is seeking employees to perform labor or services for which
salary, wages or other compensation is to be paid.
(e) Provide to any job seeker a job listing authorization for a position
which would require the job seeker to perform an unlawful act.
(f) Provide to any job seeker a job listing authorization for work
which that job seeker is not legally qualified to perform.
(g) Demand, charge, collect or receive a fee except in accordance with
the terms of a written contract or agreement with a job seeker.
(Source: P.A. 85-1367.)
(815 ILCS 630/10) (from Ch. 121 1/2, par. 2010)
Sec. 10. 
		
		Newspaper advertising pertaining to employment opportunities
offered or provided by a Service appearing within or adjacent to
help-wanted or classified job advertising shall contain the phrases "Not an
Employment Agency" and "Advance Fee Required" in a clear, conspicuous, and
prominent manner, and shall include the legal name and address from which
business is actually conducted.  Such advertising shall not include 900
telephone numbers.
(Source: P.A. 87-293.)
(815 ILCS 630/11) (from Ch. 121 1/2, par. 2011)
Sec. 11. 
		
		Nothing in this Act shall affect the validity of any license
previously issued to any person as a private employment agency pursuant to
"An Act to revise the law in relation to private employment agencies and to
repeal an Act therein named", approved July 10, 1935, as
amended, but all persons holding such licenses shall, in all other respects,
be subject to the provisions of this Act.
(Source: P.A. 85-1367.)
(815 ILCS 630/12) (from Ch. 121 1/2, par. 2012)
Sec. 12. 
Violation of any of the provisions of this Act
is an unlawful practice pursuant to Section 2 of the
Deceptive Business Practices Act, as now or hereafter
amended.  All remedies, penalties and authority granted to
the Attorney General or a State's Attorney by that Act shall
be available to them for the enforcement of this Act.  In
any action brought by the Attorney General or a State's 
Attorney to enforce this Act, the court may order that
persons who incurred actual damages be awarded the amount
of actual damages assessed.
(Source: P.A. 99-642, eff. 7-28-16.)