103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1978

 

Introduced 2/9/2023, by Sen. Omar Aquino

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-115.08 new
625 ILCS 5/12-614 new
625 ILCS 5/12-615 new
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

    Amends the Illinois Vehicle Code. Defines "disablement technology" as any instrument, device, machine, or equipment, whether software or hardware, that can be used to disable the starter of a motor vehicle, prevent fuel from flowing to the engine, prevent electricity from flowing to the engine, or otherwise prevent the vehicle from being started or driven by a person. Provides that disablement technology shall not be used as an aid to the physical retrieval of a vehicle as part of repossession or as a consequence for nonpayment under a retail installment contract or other instrument. Provides that a violation is an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer whose vehicle is subject to the activation of disablement technology may bring an action against an activating person or entity for damages of $1,000 per month per violation plus actual damages and attorney's fees. Provides that disablement technology may be offered for sale or sold only for antitheft purposes, either on its own or for an additional fee in connection with the purchase of a motor vehicle. Requires a motor vehicle dealer that sells a motor vehicle containing disablement technology to comply with specified requirements. Provides that data generated or stored by disablement technology as the result of a consumer's vehicle usage is the personal property of the consumer, and the consumer is entitled to all profits and other benefits flowing from the sharing or sale of the data. Provides that data generated or stored by disablement technology that is installed in a consumer's vehicle, and data transmitted by or through the disablement technology that relates to the consumer or the consumer's use of a motor vehicle, may not be sold or otherwise shared with any third parties except as required by federal, State, or local law, or required by court order. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act.


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A BILL FOR

 

SB1978LRB103 25347 HEP 51692 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by adding
5Sections 1-115.08, 12-614, and 12-615 as follows:
 
6    (625 ILCS 5/1-115.08 new)
7    Sec. 1-115.08. Disablement technology. Any instrument,
8device, machine, or equipment, whether software or hardware,
9that can be used to disable the starter of a motor vehicle,
10prevent fuel from flowing to the engine, prevent electricity
11from flowing to the engine, or otherwise prevent the vehicle
12from being started or driven by a person.
 
13    (625 ILCS 5/12-614 new)
14    Sec. 12-614. Disablement technology, prohibited uses.
15    (a) Disablement technology shall not be used as an aid to
16the physical retrieval of a vehicle as part of repossession or
17as a consequence for nonpayment under a retail installment
18contract or other instrument.
19    (b) A motor vehicle dealer or retail seller as defined by
20the Motor Vehicle Retail Installment Sales Act, or an
21individual or entity that offers loans to finance the purchase
22of motor vehicles, or an assignee or successor in interest,

 

 

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1shall not:
2        (1) Condition the sale or any term of sale of a motor
3    vehicle on a consumer's agreement to allow the dealer or
4    seller to install or use disablement technology, or impose
5    the installation or use of disablement technology as a
6    consequence for nonpayment of a retail installment
7    contract or other instrument.
8        (2) Install or use disablement technology in a motor
9    vehicle except as provided in Section 12-615.
10    (c) The installation or use of disablement technology in
11violation of this Section is an unlawful practice within the
12meaning of the Consumer Fraud and Deceptive Business Practices
13Act.
14    (d) Unless otherwise authorized by this Code, the
15activation of disablement technology in a motor vehicle for
16any length of time by any motor vehicle dealer or holder of a
17retail installment contract or other similar instrument is
18prohibited. Any consumer whose vehicle is subject to the
19activation of disablement technology may bring an action
20against an activating person or entity for damages of $1,000
21per month per violation plus actual damages and attorney's
22fees. In addition, such activation constitutes a form of
23repossession of the motor vehicle under Section 9-601 of the
24Uniform Commercial Code, and all rights, requirements,
25protections, and remedies provided under the Uniform
26Commercial Code for the repossession of collateral apply.
 

 

 

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1    (625 ILCS 5/12-615 new)
2    Sec. 12-615. Disablement technology, antitheft.
3    (a) Disablement technology may be offered for sale or sold
4only for antitheft purposes, either on its own or for an
5additional fee in connection with the purchase of a motor
6vehicle. Any motor vehicle dealer that sells a motor vehicle
7containing disablement technology shall:
8        (1) identify through a clear and conspicuous written
9    and oral disclosure provided separately to the consumer in
10    advance of any sale or execution of any loan agreement for
11    a motor vehicle:
12            (i) the existence of the disablement technology in
13        the motor vehicle, or the intent to install it, or have
14        it installed by a third party;
15            (ii) the brand name and model of the disablement
16        technology installed or to be installed in the
17        vehicle;
18            (iii) a statement that the disablement technology
19        will not be used or activated by the motor vehicle
20        dealer, lender, or any other party as part of a
21        repossession or as a consequence for nonpayment of a
22        retail installment contract or similar agreement; and
23            (iv) the type or types of data related to the
24        consumer or the consumer's use of the motor vehicle
25        generated, stored by, or transmitted through the

 

 

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1        disablement technology;
2        (2) provide clear and conspicuous written instructions
3    to the consumer about the operation of the disablement
4    technology, including how to activate and deactivate the
5    technology, as well as any global positioning system or
6    other tracking features the particular type of disablement
7    technology may support;
8        (3) take reasonable steps to ensure, prior to sale,
9    that the consumer has sufficient technological means of
10    operating the disablement technology, such as routine
11    access to a computer with Internet access, if necessary;
12    and
13        (4) take no steps that would prevent or limit a
14    consumer's ability to operate the disablement technology,
15    including any global positioning system or other tracking
16    features.
17    (b) The consumer must provide express, written consent
18before the installation, activation, or use of the disablement
19technology.
20    (c) A motor vehicle dealer shall not rescind an offer to
21sell a vehicle to a consumer solely because the consumer
22refuses to purchase disablement technology or otherwise allow
23disablement technology to be installed on the vehicle.
24    (d) Any motor vehicle dealer that sells a motor vehicle
25with disablement technology shall provide customer support via
26telephone and email for the disablement technology. At least

 

 

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1one staff person must be available during the dealer's regular
2business hours to answer questions and troubleshoot the
3operation of the technology with the consumer.
4    (e) Data generated or stored by disablement technology as
5the result of a consumer's vehicle usage is the personal
6property of the consumer, and the consumer is entitled to all
7profits and other benefits flowing from the sharing or sale of
8this data.
9    (f) Data generated or stored by disablement technology
10that is installed in a consumer's vehicle, and data
11transmitted by or through the disablement technology that
12relates to the consumer or the consumer's use of a motor
13vehicle, may not be sold or otherwise shared with any third
14parties except as required by federal, State, or local law, or
15required by court order. An entity required to make a
16disclosure to a third party under federal, State, or local
17law, or by court order, shall make a reasonable effort to
18provide the consumer with timely, written notice of the
19required disclosure prior to making such a third-party
20disclosure.
 
21    Section 10. The Consumer Fraud and Deceptive Business
22Practices Act is amended by changing Section 2Z as follows:
 
23    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
24    Sec. 2Z. Violations of other Acts. Any person who

 

 

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1knowingly violates the Automotive Repair Act, the Automotive
2Collision Repair Act, the Home Repair and Remodeling Act, the
3Dance Studio Act, the Physical Fitness Services Act, the
4Hearing Instrument Consumer Protection Act, the Illinois Union
5Label Act, the Installment Sales Contract Act, the Job
6Referral and Job Listing Services Consumer Protection Act, the
7Travel Promotion Consumer Protection Act, the Credit Services
8Organizations Act, the Automatic Telephone Dialers Act, the
9Pay-Per-Call Services Consumer Protection Act, the Telephone
10Solicitations Act, the Illinois Funeral or Burial Funds Act,
11the Cemetery Oversight Act, the Cemetery Care Act, the Safe
12and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales
13Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
14the Predatory Loan Prevention Act, the Mortgage Rescue Fraud
15Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax
16Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use
17Tax Act, the Electronic Mail Act, the Internet Caller
18Identification Act, paragraph (6) of subsection (k) of Section
196-305 of the Illinois Vehicle Code, Section 11-1431, 12-614,
2018d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
21Illinois Vehicle Code, Article 3 of the Residential Real
22Property Disclosure Act, the Automatic Contract Renewal Act,
23the Reverse Mortgage Act, Section 25 of the Youth Mental
24Health Protection Act, the Personal Information Protection
25Act, or the Student Online Personal Protection Act commits an
26unlawful practice within the meaning of this Act.

 

 

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1(Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
2100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)