posted on December 19, 2002 02:02:50 PM new
(d) Nothing in this Act, except Section 10-27, shall be construed
to apply to a person while providing an Internet auction listing service
as defined in Section 10-27.
(Source: P.A. 91-603, eff. 1-1-00; 92-798, eff. 8-15-02.)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(225 ILCS 407/10-27)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10-27. Registration of Internet Auction Listing Service.
(a) For the purposes of this Section:
(1) "Internet Auction Listing Service" means a website on the
Internet, or other interactive computer service that is designed to
allow or advertised as a means of allowing users to offer personal
property or services for sale or lease to a prospective buyer or
lessee through an on-line bid submission process using that website
or interactive computer service and that does not examine, set the
price, or prepare the description of the personal property or
service to be offered, or in any way utilize the services of a
natural person as an auctioneer.
(2) "Interactive computer service" means any information
service, system, or access software provider that provides or
enables computer access by multiple users to a computer server,
including specifically a service or system that provides access to
the Internet.
(b) It is unlawful for any person, corporation, limited liability
company, partnership, or other entity to provide an Internet auction
listing service in the State of Illinois for compensation without being
registered with the Office of Banks and Real Estate (OBRE) when:
(1) the person, corporation, limited liability company,
partnership, or other entity providing the Internet auction listing
service is located in the State of Illinois;
(2) the prospective seller or seller, prospective lessor or
lessor, or prospective purchaser or purchaser is located in the
State of Illinois and is required to agree to terms with the person,
corporation, limited liability company, partnership, or other entity
providing the Internet auction listing service, no matter where that
person, corporation, limited liability company, partnership, or
other entity is located; or
(3) the personal property or services offered for sale or lease
are located or will be provided in the State of Illinois.
(c) Any person, corporation, limited liability company,
partnership, or other entity that provides an Internet auction listing
service in the State of Illinois for compensation under any of the
circumstances listed in subsection (b) shall register with OBRE on forms
provided by OBRE accompanied by the required fee as provided by rule.
Such registration shall include information as required by OBRE and
established by rule as OBRE deems necessary to enable users of the
Internet auction listing service in Illinois to identify the entity
providing the service and to seek redress or further information from
such entity. The fee shall be sufficient to cover the reasonable costs
of OBRE in administering and enforcing the provisions of this Section.
The registrant shall be required to certify:
(1) that the registrant does not act as the agent of users who
sell items on its website, and acts only as a venue for user
transactions;
(2) that the registrant requires sellers and bidders to
register with the website and provide their name, address, telephone
number and e-mail address;
(3) that the registrant retains such information for a period
of at least 2 years;
(4) that the registrant retains transactional information
consisting of at least seller identification, high bidder
identification, and item sold for at least 2 years from the close of
a transaction, and has a mechanism to identify all transactions
involving a particular seller or buyer;
(5) that the registrant has a mechanism to receive complaints
or inquiries from users;
(6) that the registrant adopts and reasonably implements a
policy of suspending, in appropriate circumstances, the accounts of
users who, based on the registrant's investigation, are proven to
have engaged in a pattern of activity that appears to be
deliberately designed to defraud consumers on the registrant's
website; and
(7) that the registrant will comply with OBRE and law
enforcement requests for stored data in its possession, subject to
the requirements of applicable law.
(d) OBRE may refuse to accept a registration which is incomplete or
not accompanied by the required fee. OBRE may impose a civil penalty not
to exceed $10,000 upon any Internet auction listing service that
intentionally fails to register as required by this Section, and may
impose such penalty or revoke, suspend, or place on probation or
administrative supervision the registration of any Internet auction
listing service that:
(1) intentionally makes a false or fraudulent material
representation or material misstatement or misrepresentation to OBRE
in connection with its registration, including in the certification
required under subsection (c);
(2) is convicted of any crime, an essential element of which
is dishonesty, fraud, larceny, embezzlement, or obtaining money,
property, or credit by false pretenses or by means of a confidence
game; or is convicted in this or another state of a crime that is a
felony under the laws of this State; or is convicted of a felony in
a federal court;
(3) is adjudged to be a person under legal disability or
subject to involuntary admission or to meet the standard for
judicial admission as provided in the Mental Health and
Developmental Disabilities Code;
(4) has been subject to discipline by another state, the
District of Columbia, a territory of the United States, a foreign
nation, a governmental agency, or any other entity authorized to
impose discipline if at least one of the grounds for that discipline
is the same as or equivalent to one of the grounds for discipline
set forth in this Section or for failing to report to OBRE, within
30 days, any adverse final action taken against the registrant by
any other licensing or registering jurisdiction, government agency,
law enforcement agency, or court, or liability for conduct that
would constitute grounds for action as set forth in this Section;
(5) fails to make available to OBRE personnel during normal
business hours all records and related documents maintained in
connection with the activities subject to registration under this
Section;
(6) makes or files false records or reports in connection with
activities subject to registration, including but not limited to
false records or reports filed with State agencies;
(7) fails to provide information within 30 days in response to
a written request made by the OBRE to a person designated in the
registration for receipt of such requests; or
(8) fails to perform any act or procedure described in
subsection (c) of this Section.
(e) Registrations issued pursuant to this Section shall expire on
September 30 of odd-numbered years. A registrant shall submit a renewal
application to OBRE on forms provided by OBRE along with the required
fee as established by rule.
(f) Operating an Internet auction listing service under any of the
circumstances listed in subsection (b) without being currently
registered under this Section is declared to be adverse to the public
welfare, to constitute a public nuisance, and to cause irreparable harm
to the public welfare. The Commissioner of OBRE, the Attorney General of
the State of Illinois, the State's Attorney of any county in the State,
or any other person may maintain an action and apply for injunctive
relief in any circuit court to enjoin the person or entity from engaging
in such practice.
(g) The provisions of Sections 20-25, 20-30, 20-35, 20-40, 20-45,
20-50, 20-55, 20-60 and 20-75 of this Act shall apply to any actions of
OBRE exercising its authority under subsection (d) as if a person
required to register under this Section were a person holding or
claiming to hold a license under this Act.
(h) OBRE shall have the authority to adopt such rules as may be
necessary to implement or interpret the provisions of this Section.
(Source: P.A. 92-798, eff. 8-15-02.)
ARTICLE 999. EFFECTIVE DATE
(225 ILCS 407/999-99)
(Section scheduled to be repealed on January 1, 2010)
Sec. 999-99. Effective date. This Act takes effect on January 1,
2000, except that Sections 30-15 and 30-40 take effect July 1, 1999.
(Source: P.A. 91-603, eff. 8-16-99.)
posted on December 20, 2002 05:38:07 PM new
And now, the end is near,
And so I face the final curtain.
My friends, I'll say it clear;
I'll state my case of which I'm certain.
posted on December 21, 2002 08:59:57 PM new
All I know is ebay better get it's powerseller program under control. It is the most corrupt thing since bidville.
posted on December 22, 2002 10:03:33 AM new
Bidville resides in Illinois? I thought it was incorporated in New Jersey with an office or address in Pennsylvania and a Mail Boxes Etc. address in Michigan?
posted on December 22, 2002 04:07:28 PM new
That's the Mail Boxes Etc. address. Ed must still own the site and Bryan and Terry-the-Tech are share croppers.
posted on December 22, 2002 05:52:42 PM new
Tooltimes its my belief Ed and Ed only is running the site. Bryan and Terrance are "dummies". Some companies also use "dummy corporations". The michigan site is a rental box, and I would bet the Pennsylvania address is as well. The upcoming stats look interesting since the counts keep declining.
posted on December 22, 2002 05:59:45 PM new
BW, that's your take and my take is that Ed wanted to wash his hands of BV after the Greek law firm promised him riches after they sued PayPal over the AuxPal supposed breach of imaginary contract and they screwed up.
I think Bryan wanted to keep running BV and he talked Ed into allowing him to run BV with Bryan's own ideas on how to run the site.
I suppose everyone has a pet theory on who really owns or runs BV.
I just hope that MeanGirl doesn't come back to AW with her babel.
posted on December 23, 2002 09:40:47 AM new
They're too busy at BV with damage control over all the mutinous sellers that are fed up with the total lack of sales at BV. Now the sellers have greatly cut back on their BV shopping and they were the only real shoppers there to begin with.
