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Business laws for small businesses

The Illinois Uniform Deceptive Trade Practices Act, simply put

The Act lists 12 ways a business can mislead customers or blur who it is, from copycat names to fake price cuts. Here is who it reaches, what a court can order and how it ties to the Consumer Fraud Act.

Prepared by Prem Tax and Accounting Corp. Last checked against official sources on October 29, 2026.

The Illinois Uniform Deceptive Trade Practices Act, found at 815 ILCS 510, lists 12 ways a business can mislead customers or confuse them about who it is. A person likely to be damaged can ask a court to stop the conduct, and the Act names no state agency. Our check is the Sunday-Flyer Proof Binder. The official text is on the Illinois General Assembly website.

The short version
  • Any person engaged in business, in a vocation or in an occupation is covered, at any size.
  • Section 2(a) lists 12 practices, running from passing off through to false claims about price reductions.
  • The Act's remedy is an injunction. It gives no damages and no civil penalty.
  • The Consumer Fraud Act bars the same listed conduct as well, and it adds penalties.

Slide show: Five slides on the Deceptive Trade Practices Act

  1. The basics

    A list of deceptive trade practices in Illinois law, approved in 1965.

  2. Reach

    Any person engaged in a business, vocation or occupation.

  3. The main rule

    Do not leave customers confused about who you are or what you sell.

  4. The remedy

    An injunction. Fees only when the conduct was willful.

  5. The link

    Under the Consumer Fraud Act, the same practices are also unlawful.

What it forbids

ThemeIn plain words
ConfusionPassing off your goods or services as another business's, or creating likely confusion about source, sponsorship or affiliation.
Misstating goods or servicesFalse origin; benefits or status they lack; used goods called new; a quality or model they lack.
Attacking a rivalFalse or misleading statements of fact that disparage another's goods or business.
Ad conductAds with no intent to sell as advertised, or to meet expected demand unless a quantity limit is stated; false statements about price cuts.
Catch-allFurther conduct that creates likely confusion in a similar way.

Illinois state law applies statewide. Not covered: conduct that complies with orders, rules or a statute of a federal, state or local agency, and publishers, broadcasters and printers who are unaware that a message is deceptive. Two further narrow carve-outs relate to the Act's start.

The numbers

ItemFigureYear or status
RemedyInjunction; the plaintiff need not show money loss, lost profit or intent to deceive; attorney fees and costs only when the court finds the conduct willful2026 text
Civil penalty, or a limitation periodThe Act states none2026 text
Listed practices by theme, 815 ILCS 510 count of the 12
Confusion3
Misstating goods or services4
Attacking a rival1
Ad conduct3
Catch-all1

Source: Section 2(a)

No amendment since 2001 shows in the source notes, and an October 27, 2026 search of current bills found none that amend it. The Act holds no tax or payroll provisions. Court decisions were not researched.

Our checklist

The Sunday-Flyer Proof Binder keeps proof behind every printed claim. These are good practices, not legal duties.

  • Names: compare your name, logo and web address with nearby competitors.
  • Claims: file the support for each "new", "original" or "certified" claim.
  • Sale prices: keep dated records that each "was" price was real.
  • Rivals: keep a source for each fact stated about a competitor.

Mistakes people make

  • A "was and now" price where the "was" price was never charged.
  • Calling used or refurbished goods new.
  • Claiming a certification the business lacks.

Call an attorney when you receive a demand from a competitor to drop a name, logo or claim, or when a lawsuit seeks an injunction.

Common questions

Does the Act apply to a one-person business?

Yes. The Act has no size threshold.

Can someone win money damages under this Act?

Not under this Act's text, which offers an injunction, plus costs and fees for willful conduct. Money remedies come through other law, such as the Consumer Fraud Act.

Must a competitor prove customers were confused?

No. Under Section 2(b), a plaintiff does not have to prove competition or actual confusion.

Official sources

Keep reading

Questions about how a law touches your payroll, taxes or entity? Keshav Agrawal is a U.S. CPA and a Chartered Accountant (CA) from India. We handle the tax and accounting side and can work alongside your attorney. We are not a law firm and cannot give legal advice. Book a 20-minute call or send us a message.

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