Sec. 25. Required disclosures.

523 words·~2 min read·/il/chapter-815/act-616/25

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In any marketing or advertising communications, an education planning service provider must provide the following disclosure verbatim, both orally and in writing, with the caption:

CONSUMER NOTICE OF AVAILABILITY

OF FREE SERVICES

General educational planning services may be available free of charge from the Illinois

Student Assistance Commission and may also be offered by other public or not-for-profit entities, such as a public library or an institution of higher learning.

(b)An educational planning service provider must provide the following warning verbatim, both orally and in writing, with the caption "CONSUMER NOTICE AND RIGHTS FORM" in at least 18-point font and the remaining portion in at least 12-point font, to a consumer before the consumer signs a contract for the educational planning service provider's services:

CONSUMER NOTICE AND RIGHTS FORM

AVAILABILITY OF FREE SERVICES

General educational planning services may be available free of charge from the Illinois

Student Assistance Commission and may be offered by other public or not-for-profit entities, such as a public library or an institution of higher learning.

YOUR RIGHT TO CANCEL

If you sign a contract with an educational planning service provider, you have the right

to cancel at any time and receive a full refund of all unearned fees you have paid to the provider. You will not be responsible for payment of services that are not fully performed.

IF YOU ARE DISSATISFIED OR YOU HAVE QUESTIONS

If you are dissatisfied with an educational planning service provider or have any

questions, please bring it to the attention of the Illinois Attorney General's Office.

(c)The educational planning service provider must maintain proof that it has provided to the consumer the Consumer Notice and Rights Form in accordance with subsection

(b)of this Section.

(d)The consumer shall sign and date an acknowledgment form titled "Consumer Notice and Rights Form" that states: "I, the consumer, have received from the educational planning service provider a copy of the form titled "Consumer Notice and Rights Form," and I have been provided the Illinois Student Assistance Commission's Internet website address where I can obtain general educational planning services free of charge.". The educational planning service provider or its representative shall also sign and date the acknowledgment form, which shall include the name and address of the educational planning service provider. The acknowledgment form shall be in duplicate and shall be incorporated into the Consumer Notice and Rights Form under subsection

(b)of this Section. The original acknowledgment form shall be retained by the educational planning service provider, and the duplicate copy shall be retained by the consumer.

(e)If the acknowledgment form under subsection

(d)of this Section is in an electronic format, then, in addition to the other requirements of this Act, the acknowledgment form shall:

(1)contain a live link to the Illinois Student Assistance Commission's Internet website

where general educational planning services may be available free of charge; and

(2)be digitally signed by the consumer in compliance with the provisions of the federal

Electronic Signatures in Global and National Commerce Act concerning consumer disclosures, including subsection

(c)of Section 101 of that Act.