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Rep. Elaine Nekritz
Filed: 5/23/2014
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| 1 | | AMENDMENT TO SENATE BILL 1009
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1009 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 17-5 as follows:
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| 6 | | (720 ILCS 5/17-5) (from Ch. 38, par. 17-5)
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| 7 | | Sec. 17-5. Deceptive collection practices. A collection |
| 8 | | agency as defined in the
the Collection Agency Act or any
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| 9 | | employee of such collection agency commits a deceptive |
| 10 | | collection practice
when, with the intent to collect a debt |
| 11 | | owed to an individual or a corporation or
other entity, he, |
| 12 | | she, or it does any of the following: |
| 13 | | (a) Represents falsely that he or she is an attorney, a |
| 14 | | policeman, a sheriff or
deputy sheriff, a bailiff, a county |
| 15 | | clerk or employee of a county clerk's
office, or any other |
| 16 | | person who by statute is authorized to enforce the law
or any |
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| 1 | | order of a court.
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| 2 | | (b) While attempting to collect an alleged debt, |
| 3 | | misrepresents to the
alleged debtor or to his or her immediate |
| 4 | | family the corporate, partnership or
proprietary name or other |
| 5 | | trade or business name under which the debt
collector is |
| 6 | | engaging in debt collections and which he, she, or it is |
| 7 | | legally
authorized to use.
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| 8 | | (c) While attempting to collect an alleged debt, adds to |
| 9 | | the debt any
service charge, interest or penalty which he, she, |
| 10 | | or it is not entitled by law to add.
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| 11 | | (d) Threatens to ruin, destroy, or otherwise adversely |
| 12 | | affect an alleged
debtor's credit rating unless, at the same |
| 13 | | time, a disclosure is made in
accordance with federal law that |
| 14 | | the alleged debtor has a right to inspect
his or her credit |
| 15 | | rating.
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| 16 | | (e) Accepts from an alleged debtor a payment which he, she, |
| 17 | | or it knows is not owed.
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| 18 | | Sentence. The commission of a deceptive collection |
| 19 | | practice is a Business Offense
punishable by a fine not to |
| 20 | | exceed $3,000.
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| 21 | | (Source: P.A. 96-1551, eff. 7-1-11.)".
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