093_HB3603
LRB093 06856 WGH 07002 b
1 AN ACT concerning business practices.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Consumer Fraud and Deceptive Business
5 Practices Act is amended by adding Section 2MM as follows:
6 (815 ILCS 505/2MM new)
7 Sec. 2MM. Bill payment grace period; hospitalization.
8 (a) If a person who had been in a coma for at least 10
9 days gives a creditor or debt collector written notice that
10 the person was comatose and includes documentation of the
11 duration of the coma in accordance with this Section, the
12 creditor or debt collector shall grant the person a grace
13 period for the payments of debts. The grace period shall
14 begin on the date the person became comatose and shall end 15
15 days after the person is no longer comatose. The grace period
16 applies only to debts that were incurred by the person as a
17 consumer (as the term "consumer" is defined in subdivision
18 (e) of Section 1 of this Act).
19 (b) Upon receiving notice under this Section, the
20 creditor or debt collector may not:
21 (1) impose any late fee or additional financing fee
22 in connection with a payment by the person that is
23 received after its due date but before the end of the
24 grace period;
25 (2) provide to a credit reporting agency any
26 information with respect to a payment described in
27 subdivision (1) that is adverse to the interests of the
28 person or would adversely affect the credit standing of
29 the person; or
30 (3) take any other action that is adverse to the
31 interests of the person as a consequence of the failure
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1 of the person to make such a payment described in
2 subdivision (1) by the due date, if the payment is
3 received before the end of the grace period.
4 (c) Notice may be given within 15 days after the person
5 is no longer comatose. Upon receiving notice under this
6 Section, the creditor or debt collector must refrain from
7 taking any action prohibited under subsection (b) during the
8 remainder of the grace period and shall promptly reverse any
9 such action already taken by the creditor or debt collector
10 since the beginning of the grace period.
11 (d) A family member or other person interested in the
12 welfare of a comatose person may notify a creditor or debt
13 collector of the coma while the person is still comatose. The
14 family member or other person shall include documentation of
15 the duration of the coma and shall promptly notify the
16 creditor or debt collector when the person is no longer
17 comatose.
18 (e) A creditor or debt collector who violates this
19 Section commits an unlawful practice within the meaning of
20 this Act.