This page turns the Illinois deceptive trade practices law into a short working list. It follows the overview and the rules and numbers.
The Proof-Before-Print Ledger
The Proof-Before-Print Ledger is our name for a simple habit: for each advertising claim, keep the proof next to the claim before it prints or posts.
- List the claims. Write down every "new", "original", "certified", "was/now", "up to" and "limited quantity" claim in an ad, page or sign.
- Attach the proof. File the invoice, certificate, supplier record or price history that backs each claim.
- Check the earlier price. Confirm that each "was" price was a real earlier price (Sec. 2(a)(11)).
- Describe condition plainly. Used, altered or reconditioned goods are not "new" or "original" (Sec. 2(a)(6)).
- Compare names. Hold the business name, logo and domain next to competitors' to look for likely confusion (Sec. 2(a)(2), (3)).
- Match stock to ads. Check supply, and note a quantity limit in the ad where one applies (Sec. 2(a)(10)).
- Date and keep the file. Save a dated copy of each ad with its proof.
Common mistakes
- Advertising a "was/now" price when the "was" price was never a real earlier price.
- Describing refurbished or used goods as new or original.
- A business name, logo or domain close enough to a competitor's to confuse customers.
- Claiming a certification, affiliation or approval the business does not hold.
- Advertising an item with no stock and no quantity-limit notice.
- Comparison ads that state false facts about a competitor.
- Bait advertising, with no intent to sell the item as advertised.
When to talk to an attorney
A CPA cannot answer these questions.
- A competitor demands that a business stop using a name, logo or advertising claim.
- Choosing, registering or defending a trademark, service mark or trade name.
- A lawsuit seeks an injunction, or the business wants to seek one.
- Reviewing comparison advertising before it runs.
Frequently asked questions
What is the Illinois Uniform Deceptive Trade Practices Act?
It is a 1965 Illinois law at 815 ILCS 510 that lists 12 deceptive trade practices. It covers any person acting in the course of business, vocation or occupation. Its remedy is an injunction, and the text names no state agency to enforce it.
Can a business get money damages under the Deceptive Trade Practices Act?
This Act's own remedy is an injunction, and it contains no civil penalty. Proof of money loss is not required to get one. Money remedies come through the Consumer Fraud Act or other law, which an attorney can explain.
Does the person suing have to be a competitor?
No. Sec. 2(b) says a plaintiff need not prove competition between the parties or actual confusion or misunderstanding. Sec. 3 lets a person likely to be damaged by the practice seek an injunction.
Are attorney fees available?
Costs or attorney fees, or both, may be assessed against a defendant only if the court finds the defendant willfully engaged in a deceptive trade practice. The statute ties them to that finding.
Can a CPA help with these rules?
A CPA can help with the payroll, tax and accounting side and works alongside the owner's attorney. Related reading: the Illinois state page, business formation and ecommerce and online sellers.
Official sources
- Illinois General Assembly: Uniform Deceptive Trade Practices Act (815 ILCS 510)
- Illinois General Assembly: Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505)
This page is a plain-language summary. The official source controls if there is any difference.