Rep. Naomi D. Jakobsson
Filed: 5/10/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2564
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2564 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
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. Liability of customer of a wireless telephone | ||||||
8 | service provider. | ||||||
9 | (a) Limits on liability. | ||||||
10 | (1) A customer of a wireless telephone service provider | ||||||
11 | shall be liable for the unauthorized use of a wireless | ||||||
12 | telephone only if: | ||||||
13 | (A) the customer has a contract for wireless | ||||||
14 | telephone service with a wireless telephone service | ||||||
15 | provider; | ||||||
16 | (B) the liability is not in excess of $50; |
| |||||||
| |||||||
1 | (C) the wireless telephone service provider gives | ||||||
2 | adequate notice to the customer of the potential | ||||||
3 | liability; | ||||||
4 | (D) the wireless telephone service provider has | ||||||
5 | provided the customer with a description of a means by | ||||||
6 | which the wireless telephone service provider may be | ||||||
7 | notified of loss or theft of the wireless telephone, | ||||||
8 | which description may be provided on the face or | ||||||
9 | reverse side of the customer billing statement or on a | ||||||
10 | separate notice accompanying such statement; | ||||||
11 | (E) the unauthorized use occurs before the | ||||||
12 | wireless telephone service provider has been notified | ||||||
13 | that an unauthorized use of the wireless telephone has | ||||||
14 | occurred or may occur as the result of loss, theft, or | ||||||
15 | otherwise; and | ||||||
16 | (F) the wireless telephone service provider has | ||||||
17 | provided a method whereby the user of such wireless | ||||||
18 | telephone can be identified as the person authorized to | ||||||
19 | use it. | ||||||
20 | (2) For purposes of this Section, a wireless telephone | ||||||
21 | service provider has been notified when such steps as may | ||||||
22 | be reasonably required in the ordinary course of business | ||||||
23 | to provide the wireless telephone service provider with the | ||||||
24 | pertinent information have been taken, whether or not any | ||||||
25 | particular officer, employee, or agent of the wireless | ||||||
26 | telephone service provider does in fact receive such |
| |||||||
| |||||||
1 | information. | ||||||
2 | (b) Burden of proof. | ||||||
3 | In any action by a wireless telephone service provider to | ||||||
4 | enforce liability for the use of a wireless telephone, the | ||||||
5 | burden of proof is upon the wireless telephone service provider | ||||||
6 | to show that the use was authorized or, if the use was | ||||||
7 | unauthorized, then the burden of proof is upon the wireless | ||||||
8 | telephone service provider to show that the conditions of | ||||||
9 | liability for the unauthorized use of a wireless telephone, as | ||||||
10 | set forth in subsection (a) of this Section, have been met. | ||||||
11 | (c) Liability imposed by other laws or by agreement with | ||||||
12 | wireless telephone service provider. | ||||||
13 | Nothing in this Section imposes liability upon a customer | ||||||
14 | for the unauthorized use of a wireless telephone in excess of | ||||||
15 | his or her liability for such use under other applicable law or | ||||||
16 | under any agreement with the wireless telephone service | ||||||
17 | provider. | ||||||
18 | (d) Exclusiveness of liability. | ||||||
19 | Except as provided in this Section, a customer incurs no | ||||||
20 | liability from the unauthorized use of a wireless telephone. | ||||||
21 | (e) Violation. | ||||||
22 | A violation of this Section is an unlawful practice within | ||||||
23 | the meaning of this Act.
| ||||||
24 | (f) Applicability.
| ||||||
25 | This Section applies only to contracts entered into or | ||||||
26 | renewed on or after the effective date of this amendatory Act |
| |||||||
| |||||||
1 | of the 95th General Assembly.
| ||||||
2 | (g) Definitions. | ||||||
3 | For purposes of this Section: | ||||||
4 | "Customer" means a person who has a contract for | ||||||
5 | wireless telephone service with a wireless telephone | ||||||
6 | service provider.
| ||||||
7 | "Wireless telephone" means a telephone that operates
| ||||||
8 | without a physical wireline connection to the provider's
| ||||||
9 | equipment. The term includes, but is not limited to, | ||||||
10 | cellular
and mobile telephones. | ||||||
11 | "Wireless telephone service provider" includes a | ||||||
12 | wireless
telephone service provider and its dealers, | ||||||
13 | distributors, and
agents. ".
|