102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1109

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/17-5  from Ch. 38, par. 17-5

    Amends the Criminal Code of 2012. Makes a technical change in a Section concerning deceptive collection practices.


LRB102 03123 RLC 13136 b

 

 

A BILL FOR

 

HB1109LRB102 03123 RLC 13136 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 17-5 as follows:
 
6    (720 ILCS 5/17-5)  (from Ch. 38, par. 17-5)
7    Sec. 17-5. Deceptive collection practices. A collection
8agency as defined in the the Collection Agency Act or any
9employee of such collection agency commits a deceptive
10collection practice when, with the intent to collect a debt
11owed to an individual or a corporation or other entity, he,
12she, or it does any of the following:
13        (a) Represents falsely that he or she is an attorney,
14    a policeman, a sheriff or deputy sheriff, a bailiff, a
15    county clerk or employee of a county clerk's office, or
16    any other person who by statute is authorized to enforce
17    the law or any order of a court.
18        (b) While attempting to collect an alleged debt,
19    misrepresents to the alleged debtor or to his or her
20    immediate family the corporate, partnership or proprietary
21    name or other trade or business name under which the debt
22    collector is engaging in debt collections and which he,
23    she, or it is legally authorized to use.

 

 

HB1109- 2 -LRB102 03123 RLC 13136 b

1        (c) While attempting to collect an alleged debt, adds
2    to the debt any service charge, interest or penalty which
3    he, she, or it is not entitled by law to add.
4        (d) Threatens to ruin, destroy, or otherwise adversely
5    affect an alleged debtor's credit rating unless, at the
6    same time, a disclosure is made in accordance with federal
7    law that the alleged debtor has a right to inspect his or
8    her credit rating.
9        (e) Accepts from an alleged debtor a payment which he,
10    she, or it knows is not owed.
11    Sentence. The commission of a deceptive collection
12practice is a Business Offense punishable by a fine not to
13exceed $3,000.
14(Source: P.A. 96-1551, eff. 7-1-11.)