Pub. 7 2017 Issue 3

9 Section 2N also prescribes a separate, specific form set forth below that must be used when the retailer or an employee of the retailer acted as the consumer's interpreter in conducting the transaction or negotiations. And, if a language that cannot be written is used in the retail transaction or in negotiations related to a retail transaction, then the below form shall be in the English language. Noncompliance with Section 2N by automotive and other retailers is an unfair and deceptive business practice in viola- tion of the Consumer Fraud and Deceptive Business Practices Act. Section 2N does not apply, however, to transactions made pursuant to a credit card issued to the buyer, whether that card is issued by the seller or by a third party. Another example of the impact of regulatory protections in non-English language retail vehicle transactions exists for used vehicle sales under the Federal Trade Commission’s (FTC) Used Car Rule. The Rule requires dealers to affix a Buyers Guide window disclosure label to used vehicles offered for sale to a consumer and give the Buyers Guide to the buyer. The Buyers Guide is part of the contract of sale and overrides contrary provisions in the contract. The Rule further obligates dealers to furnish a Spanish language Buyers Guide with respect to transactions conducted in Spanish. Interpreter Form: “I, ________________(name of interpreter), acted as interpreter during this retail transaction or these negotiations. The obliga- tions of the contract or other written agreement were explained to ________________(name of consumer) in the consumer’s native language. I understand the contract or other written agreement. _______________________(signature of interpreter) _____________________(relationship of interpreter to consumer)” In Illinois, Section 2N of the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/2N), provides that if a person conducts, in a language other than English, a re- tail transaction or negotiations related to a retail transaction that results in a written contract and the consumer uses an interpreter other than the retailer or an employee of the retailer in conduct- ing the transaction or negotiations , the retailer must have the consumer and the interpreter sign the following two (2) forms: Retailer / Employee As Interpreter Form: “This retail transaction or these negotiations were conducted in ________________(language), which is my native language. I voluntarily choose to have the retailer act as my interpreter during the negotiations. The obligations of the contract or other written agreement were explained tome inmy native language. I understand the contract or other written agreement. _______________________ (signature of consumer) _______________________(signature of retailer)” Consumer Form: “I,________________(name of consumer), used________________ (name of interpreter) to act as my interpreter during this retail transaction or these negotiations. The obligations of the con- tract or other written agreement were explained to me in my native language by the interpreter. I understand the contract or other written agreement. _______________________ (signature of consumer) ____________________(relationship of interpreter to consumer)” n Non-English Language Transactions — Legal And Contractual Requirements — continued on page 10