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Can I offer a referral program for my customers in Illinois? What are the requirements?

Referral Program Requirements in Illinois

Illinois has regulations in place for dating referral services, which are defined as services primarily intended to introduce or match adult persons for social or romantic encounters [1.7]. If you are offering a referral program for your dating referral service in Illinois, you must comply with the Dating Referral Services Act [1.8].

The Act prohibits unfair or deceptive acts and practices, including misrepresenting the quality, benefits, or nature of services, misrepresenting the qualifications or number of other members participating in the service, or misrepresenting the success the enterprise has had in making matches or referrals favorable to its customers [1.1]. Additionally, any contract for dating referral services entered into in reliance upon any false, fraudulent, or misleading information, representation, notice, or advertisement of the dating referral enterprise or any of its employees or agents shall be void and unenforceable [1.1].

Every contract for dating referral services must be in writing and subject to the Act. All provisions, requirements, and prohibitions that are mandated by the Act and the Internet Dating, Internet Child Care, Internet Senior Care, and Internet Home Care Safety Act shall be contained in the written contract before it is signed by the customer. A copy of the written contract shall be given to the customer at the time the customer signs the contract. Dating referral enterprises shall maintain original copies of all contracts for services for as long as the contracts are in effect and for a period of 3 years thereafter [1.5].

No contract for dating referral services shall require payments or financing over a period in excess of 3 years from the date the contract is entered into, nor shall the term of any contract be measured by the life of the customer. The initial term of services to be rendered under the contract may not extend over a period of more than 2 years from the date the parties enter into the contract, provided that the customer may be given an option to renew the contract for consecutive periods of not more than one year each for a reasonable consideration not less than 10% of the cash price of the original membership [1.6].

The Act does not apply to any contract for dating referral services entered into before the effective date of the Act [1.2]. Governmental and not-for-profit entities are exempt from the requirements of the Act. The provisions of the Act are not exclusive, and do not exempt any contract for dating referral services, nor the parties thereto, from any other applicable law, nor prohibit the enforcement by any person or any right otherwise provided by law [1.3].

There are no specific regulations in Illinois regarding referral programs for dating referral services. However, any referral program offered must comply with the requirements of the Dating Referral Services Act.

Source(s):
Jurisdiction

Illinois