The Illinois deceptive trade practices list in 815 ILCS 510 has 12 items. This page groups them in plain words, then gives the remedy, dated facts and a claim-checking checklist for owners with ties to Canada or India. The overview page explains who the Act covers.
The Illinois deceptive trade practices list: what the law requires
| Theme | Section 2(a) items | In plain words |
|---|---|---|
| Confusion about source | 1 to 3 | Passing off goods or services as another's; likely confusion about source, sponsorship, approval, certification or affiliation. |
| Origin and characteristics | 4 to 7 | Deceptive geographic origin; claiming an approval, quantity or status the seller lacks; calling used or reconditioned goods original or new; claiming a standard or quality the goods lack. |
| False statements about a rival | 8 | Disparaging another's goods, services or business by false or misleading statements of fact. |
| Advertising conduct | 9 to 11 | Advertising goods or services the seller intends not to sell as offered; advertising without meaning to meet expectable demand and without disclosing a quantity limit; false statements about price cuts. |
| Catch-all | 12 | Other conduct that similarly creates a likelihood of confusion or misunderstanding. |
Key numbers and dates
| Item | Detail | Year |
|---|---|---|
| Remedy | A court may grant an injunction, on reasonable terms; money loss, lost profits and intent to deceive need not be proved | 2026 |
| Costs and attorney fees | The court can charge them to a defendant only on a finding of willful conduct | 2026 |
| Civil penalty or limitation period | None stated in this Act | 2026 |
| Approved | August 5, 1965 | 1965 |
| Latest change to Section 2 | Effective June 28, 2001, under P.A. 92-16 | 2001 |
Source: 815 ILCS 510/2
Recent and pending changes
- The text read in October 2026 has source notes that show no amendment after 2001.
- Changes to the Consumer Fraud Act matter too, since it makes these practices unlawful.
The named checklist: the Phillips Park Claim-Proof Binder
These steps are practice suggestions, not duties in the Act.
- Collect every claim you publish that compares, certifies, discounts or describes.
- File proof for each: price history for "was/now", approval letters, condition notes, origin records, stock counts.
- Search for confusingly similar names, logos and domains before you print or register.
- Label refurbished or used goods plainly, and state any quantity limit in the ad.
- Date the binder and review it each sale season; see our record retention guide.
Common mistakes
- A "was" price that was never a real earlier price.
- Calling refurbished or used goods new.
- Claiming a certification or affiliation that the business lacks.
- An ad for an item the seller has no stock of, run without any quantity-limit notice.
When to bring in an attorney
- A competitor demands that you stop using a name, logo or claim.
- You are choosing, registering or defending a trademark or trade name.
- You face a lawsuit that seeks an injunction against you, or you want to seek one yourself.
How we can help
Our Aurora, Illinois area firm handles the U.S. tax, payroll and accounting side, including the records behind advertising claims, alongside your attorney, Canadian CPA or Indian CA, and gives no legal advice. See bookkeeping and accounting and business formation and registrations.
Frequently asked questions
Can a customer recover money under this Act?
The Act's own remedy is an injunction. Look to the Consumer Fraud Act or other law for money remedies.
Must the plaintiff be a competitor?
No. The plaintiff need not prove competition or actual confusion (Section 2(b)).
Is there a deadline to sue?
This Act states no limitation period. Ask an attorney which limit applies.
Does the Attorney General enforce this Act?
The text names no agency. The Attorney General acts under the Consumer Fraud Act, which makes these practices unlawful.
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 summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.