What is Unfair and Deceptive Practice?

Under Illinois Law, (720 ILCS 5/17-1), a person commits the Illinois criminal offense of unfair and deceptive practice when, with the intent to defraud, the person does any of the following:

(a) They cause another, by deception or threat, to execute a document disposing of property or a document by which a pecuniary (monetary) obligation is incurred.

(b) Being an officer, manager or other person participating in the direction of a financial institution, they knowingly receive or permits the receipt of a deposit or other investment, knowing that the institution is insolvent.

(c) They knowingly makes or directs another to make a false or deceptive statement addressed to the public for the purpose of promoting the sale of property or services.

(d) With intent to obtain control over property or to pay for property, labor or services of another, or in satisfaction of an obligation for payment of tax under the Retailers' Occupation Tax Act or any other tax due to the State of Illinois, they issue or deliver a check or other order upon a real or fictitious depository (bank) for the payment of money, knowing that it will not be paid by the depository. Failure to have sufficient funds or credit with the depository when the check or other order is issued or delivered, or when such check or other order is presented for payment and dishonored on each of 2 occasions at least 7 days apart, is prima facie evidence that the offender knows that it will not be paid by the depository, and that he or she has the intent to defraud. In this paragraph (d), "property" includes rental property (real or personal).

(e) They issue or deliver a check or other order upon a real or fictitious depository in an amount exceeding $150 in payment of an amount owed on any credit transaction for property, labor or services, or in payment of the entire amount owed on any credit transaction for property, labor or services, knowing that it will not be paid by the depository, and thereafter fails to provide funds or credit with the depository in the face amount of the check or order within 7 days of receiving actual notice from the depository or payee of the dishonor of the check or order.

for more information

What is the Sentence for Unfair and Deceptive Acts?

Under Illinois law, a person convicted of an Unfair and Deceptive Practice under paragraph (a), (b), (c), (d), or (e) above of this subsection is guilty of a Class A misdemeanor. Under Illinois Law, a Class A Misdemeanor is punishable by up to 1 year in jail and a maximum fine of $2,500. Under Illinois Law, Misdemeanor Probation, Conditional Discharge, and Court Supervision, which is not a conviction, may be available for a Class A Misdemeanor. However, under Section (d), if the amount exceeds $150.00 within a 90 day period, it is then considered a Class 4 Felony. Under Illinois law, a Class 4 felony carries a jail sentence form 1 to 3 years. Under Illinois law, probation may be available for a Class 4 felony. Further, if the amount under section (d) is less than $150.00, and a person is convicted a second or subsequent time, is it considered a Class 4 Felony rather than a misdemeanor. Under Illinois law, a Class 4 felony carries a jail sentence form 1 to 3 years. Under Illinois law, probation may be available for a Class 4 felony.

The Chicago criminal defense attorneys at Legal Defenders, your Unfair and Deceptive Practice attorneys, have extensive experience in representing individuals charged with Unfair and Deceptive Practice throughout Cook County and Chicago land. The Chicago criminal defense attorneys at Legal Defenders, your Unfair and Deceptive Practice attorneys, understand the differences between Class 4 and Class A Misdemeanor Unfair and Deceptive Practice Illinois criminal offenses. In addition, the Chicago criminal defense attorneys at Legal Defenders, your Unfair and Deceptive Practice attorneys, are familiar with the various sentencing ranges for Unfair and Deceptive Practice and understand the complexities of the various sentencing factors. To discuss your particular Illinois Unfair and Deceptive Practice case, call the experienced Chicago criminal defense attorneys at Legal Defenders, your Unfair and Deceptive Practice attorneys, to discuss your particular Illinois Unfair and Deceptive Practice case.

for a Confidential Consultation

Cook County Courthouses and Locations

Illinois Criminal Sentencing Chart

Legal Defenders, PC  * 70 West Madison, Ste 1400 * Chicago * IL 60602 * Phone: (800) 228-7295 *  Fax: (800) 604-0507
© Copyright 2006      Disclaimer      Site Map