Bill
SB 1193
Illinois SB 1193 bans unaffiliated marketers from mailing items that imitate a past vendor and requires a conspicuous top-of-mail disclaimer that it is a solicitation, not a bill.
Note about source materials
- The materials you provided include text from two different bills both labeled "SB 1193" (an Arizona "State Voting Rights Act" and an Illinois "Consumer Fraud — Mail Disclosure" bill). Because your Bill Information header names "CONSUMER FRAUD–MAIL DISCLOSURE", the summary below focuses on the Illinois SB 1193 (amendment to the Consumer Fraud and Deceptive Business Practices Act). If you want a separate summary of the Arizona voting-rights text, tell me and I will prepare that as well.
Summary — Illinois SB 1193 (Consumer Fraud: Mail Disclosure)
Purpose
- To prevent deceptive direct-mail marketing practices by prohibiting unaffiliated companies from mailing postcards or letters that create the false impression they are the same as, or affiliated with, a company from which the recipient previously purchased goods or services. The change is incorporated into Section 2PP of the Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/2PP).
Key provisions
- Scope: Applies when a company that is not connected to the company from which the recipient purchased or obtained goods/services knowingly mails (or causes to be mailed) a postcard or letter that:
- Requests the recipient contact the sender (by mail, phone, email, website, etc.); and
- Is mailed to induce the recipient to contact the sender so goods/services may be offered; and
- Creates the impression that the sender is the same company or is affiliated with the company from which the recipient bought goods/services when no legal or commercial affiliation exists.
- Disclosure/format requirement: The bill retains and clarifies the requirement that such mailings carry a conspicuous disclaimer. The disclaimer must be easily readable and located at the top of the postcard or letter in a 14‑point bold-face font within a black‑outlined box (i.e., a clearly visible notice). Exact wording of the disclaimer is intended to make clear that the mailing is a solicitation and not a bill.
- Safe harbor: Postcards or letters that comply with federal law (39 U.S.C. §3001 regarding mail classification and required disclosures) are deemed to comply with this State provision.
- Enforcement: The conduct described is made an unlawful practice under the Illinois Consumer Fraud Act. Enforcement mechanisms under that Act apply (including potential actions by the Attorney General and private plaintiffs and available remedies under the Consumer Fraud Act).
Who would be affected
- Affected senders: marketing firms, lead‑generation companies, payment‑collection third parties, and other businesses that mail solicitations to consumers on behalf of or purportedly in connection with prior vendors but that have no legal/commercial affiliation.
- Affected recipients: Illinois consumers who receive potentially misleading postcards/letters.
- Enforcers: Illinois Attorney General and private plaintiffs bringing claims under the Consumer Fraud Act.
Procedural/timeline notes
- Introduced in the Illinois Senate by Sen. Mary Edly‑Allen on January 24, 2025.
- Effective date specified in the bill: January 1, 2026.
- Related/companion measures noted: HB 2000 and HB 305 (companion bills).
Potential impact/considerations
- Increases transparency for consumers and reduces confusion from solicitations that mimic prior vendors.
- Imposes additional compliance requirements on marketers and mail‑senders (formatting and affirmative disclosure or reliance on 39 U.S.C. §3001).
- May increase litigation risk under the Consumer Fraud Act for businesses that do not clearly disclose lack of affiliation.
- Enforcement and remedies will follow the existing Consumer Fraud Act framework; businesses should review mail practices and disclosure language to reduce exposure.
If you want: I can (1) produce a one‑page checklist for businesses to comply with the new requirements, (2) draft model disclosure language that meets the bill’s formatting rules, or (3) summarize the separate Arizona SB 1193 (State Voting Rights Act) text included in your materials. Which would you prefer?
Compiled from official sources — confirm details with the bill’s official record.
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