Dealers should be aware of a recently passed amendment to the Illinois Consumer Fraud and Deceptive Business Practices Act (Section 2PP), which will become effective January 1, 2024. The amendment regulates mailings which contain a request that the recipient call a phone number. The language states:

It is an unlawful practice…to knowingly mail or send or cause to be mailed or sent a postcard or letter to a recipient [in Illinois] if the postcard or letter contains a request that the recipient call a telephone number; and the postcard or letter is mailed or sent to induce the recipient to call the telephone number so that goods, services, or other merchandise [as defined in the Act] may be offered for sale to the recipient; and the postcard or letter does not disclose that goods, services, or other merchandise…may be offered for sale if the recipient calls the telephone number.

We urge dealers to be aware, and to inform their advertising agencies and direct mail companies of this new provision in the law.