Illinois – Use of Zappers or Phantom-Ware is a Felony Act

SALT Report 2913 – Illinois recently enacted legislation that makes it a Class 3 felony for a person who knowingly sells, purchases, installs, transfers, possesses, uses, or accesses an automated sales suppression device, zapper, or phantom-ware for use in an electronic cash register or other point-of-sale system.

For purposes of this legislation an “automated sales suppression device” or “zapper” is defined as a software program that falsifies the electronic records of an electronic cash register or other point-of-sale system. This includes the software program, any device that carries the software program, or an Internet link to the software program.

“Phantom-ware” is defined as a hidden programming option embedded in the operating system of an electronic cash register or hardwired into an electronic cash register so that it can be used to create a second set of records or that can eliminate or manipulate the transaction records in the electronic cash register.

A person found to be using one of these devices is subject to prosecution up to 3 years from the date of use.

The provisions in House Bill 49 are effective January 1, 2014.

For Further Information

Illinois General Assembly – House Bill 49, Laws 2013