SB3626 Summary

• Amends the Home Repair Fraud Act (815 ILCS 515/3) to expand the definition of home repair fraud to include promising performance that will not be completed at any time during service delivery.

• Adds language making it fraudulent when a contractor knowingly promises performance "or completed at any time during the performance of the service" that they know will not occur.

• Creates a rebuttable presumption of fraudulent intent when a contractor fails to perform or substantially perform work, then refuses to return payments and either fails to respond to written demand within 10 days, fails to notify of business changes, makes false excuses, uses deception for modifications, or fails to employ qualified personnel or purchase required materials.

• Defines "substantial performance" to exclude work performed with little or no value or work that fails to comply with applicable municipal, county, state or federal regulations and codes.

• Establishes intent and knowledge shall be determined by evaluating all circumstances surrounding the transaction, not limited to the time of contract execution.