Rep. George Scully Jr.
Filed: 4/18/2007
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1 | AMENDMENT TO HOUSE BILL 2070
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2 | AMENDMENT NO. ______. Amend House Bill 2070 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Collection Agency Act is amended by | ||||||
5 | changing Section 3 as follows:
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6 | (225 ILCS 425/3) (from Ch. 111, par. 2006)
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7 | (Section scheduled to be repealed on January 1, 2016)
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8 | Sec. 3. A person, association, partnership,
corporation, | ||||||
9 | or other legal entity acts as a
collection agency when he , she,
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10 | or it:
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11 | (a) Engages in the business of collection for others of | ||||||
12 | any account, bill
or other indebtedness;
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13 | (b) Receives, by assignment or otherwise, accounts, | ||||||
14 | bills, or other
indebtedness from any person owning or | ||||||
15 | controlling 20% or more of the
business receiving the | ||||||
16 | assignment, with the purpose of collecting monies
due on |
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1 | such account, bill or other indebtedness;
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2 | (c) Sells or attempts to sell, or gives away or | ||||||
3 | attempts to give away
to any other person, other than one | ||||||
4 | registered under this Act, any system of
collection, | ||||||
5 | letters, demand forms, or other printed matter where the | ||||||
6 | name
of any person, other than that of the creditor, | ||||||
7 | appears in such a manner
as to indicate, directly or | ||||||
8 | indirectly, that a request or demand is being
made by any | ||||||
9 | person other than the creditor for the payment of the sum | ||||||
10 | or
sums due or asserted to be due;
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11 | (d) Buys accounts, bills or other indebtedness
with | ||||||
12 | recourse and engages in collecting the same; or
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13 | (e) Uses a fictitious name in collecting its own | ||||||
14 | accounts, bills, or debts
with the intention of conveying | ||||||
15 | to the debtor that a third party has been
employed to make | ||||||
16 | such collection ; or .
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17 | (f) Is (i) an electric utility that served at least | ||||||
18 | 100,000 customers in Illinois on December 31, 2005 or | ||||||
19 | affiliated with such an electric utility and (ii) | ||||||
20 | attempting to collect accounts, bills, or debts from retail | ||||||
21 | electric customers in the service area of the electric | ||||||
22 | utility company.
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23 | (Source: P.A. 94-414, eff. 12-31-05.)".
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