|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning business.
| ||||||
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 2ZZ as follows: | ||||||
6 | (815 ILCS 505/2ZZ new)
| ||||||
7 | Sec. 2ZZ. Wireless telephones and contracts. | ||||||
8 | (a) This Section may be cited as the Cell Phone Lemon Law.
| ||||||
9 | (b) As used in this Section: | ||||||
10 | "Wireless telephone" means a telephone that operates | ||||||
11 | without a physical wireline connection to the provider's | ||||||
12 | equipment. The term includes, but is not limited to, cellular | ||||||
13 | and mobile telephones. | ||||||
14 | "Wireless telephone service provider" includes a wireless | ||||||
15 | telephone service provider and its dealers, distributors, and | ||||||
16 | agents.
| ||||||
17 | (c) This Section applies to any retail sale of a new | ||||||
18 | wireless telephone on or the effective date of this amendatory | ||||||
19 | Act of the 95th General Assembly to a consumer in this State
by | ||||||
20 | a wireless telephone service provider in conjunction with a | ||||||
21 | contract for wireless telephone service.
| ||||||
22 | (d) If, within the period of a contract for wireless | ||||||
23 | telephone service, the wireless telephone sold in conjunction |
| |||||||
| |||||||
1 | with a contract for wireless telephone service requires repair | ||||||
2 | or replacement on 3 or more occasions, the consumer may, in | ||||||
3 | lieu of having the telephone repaired or replaced on the third | ||||||
4 | or subsequent occasion, choose either of the following options: | ||||||
5 | (1) The consumer may choose to cancel the contract for | ||||||
6 | wireless telephone service without paying any early | ||||||
7 | termination fee, penalty, or charge.
| ||||||
8 | (2) The consumer may elect to upgrade or downgrade his | ||||||
9 | or her telephone. If the consumer chooses to upgrade his or | ||||||
10 | her telephone, then the consumer shall pay the difference | ||||||
11 | between the price of his or her current telephone and the | ||||||
12 | "best promotional price" of the telephone to which he or | ||||||
13 | she is upgrading. If the consumer chooses to downgrade his | ||||||
14 | or her telephone, then the consumer shall receive a credit | ||||||
15 | for the difference between the price of his or her current | ||||||
16 | telephone and the "best promotional price" of the telephone | ||||||
17 | to which he or she is downgrading. If the consumer chooses | ||||||
18 | the option of downgrading or upgrading his or her | ||||||
19 | telephone, the consumer must be allowed to do so without | ||||||
20 | the action automatically renewing his or her contract for | ||||||
21 | wireless telephone service or extending it. The consumer | ||||||
22 | must be allowed to change his or her telephone and continue | ||||||
23 | with his or her current contract.
| ||||||
24 | (e) The wireless telephone service provider shall give a | ||||||
25 | consumer a written statement of the consumer's rights under | ||||||
26 | this Section when a sale is made to which this Section applies. |
| |||||||
| |||||||
1 | (f) This Section does not apply to any repair to or | ||||||
2 | replacement of a phone that was damaged or failed to work | ||||||
3 | properly as a result of some action by the consumer. The types | ||||||
4 | of damage creating an inference of consumer action include, but | ||||||
5 | are not limited to, the following: equipment showing signs of | ||||||
6 | water (or other liquid) damage; equipment showing signs of | ||||||
7 | physical impact; a scratched or broken casing; forced | ||||||
8 | components or buttons; and other external damage.
| ||||||
9 | (g) This Section does not apply to the quality or lack of | ||||||
10 | services, including, but not limited to, cellular or other | ||||||
11 | subscribed services available to the consumer, contractually | ||||||
12 | agreed upon rates, and equipment compatibility issues.
| ||||||
13 | (h) A person who violates this Section commits an unlawful | ||||||
14 | practice within the meaning of this Act.
|