Illinois General Assembly - Bill Status for SB1398
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 Bill Status of SB1398  95th General Assembly


Short Description:  COLLECTN AGENCY-COMMUNICATIONS

Senate Sponsors
Sen. Don Harmon - Martin A. Sandoval - Jeffrey M. Schoenberg - Jacqueline Y. Collins

House Sponsors
(Rep. Marlow H. Colvin - Kenneth Dunkin - John A. Fritchey - Edward J. Acevedo - Monique D. Davis, Joseph M. Lyons, Karen A. Yarbrough, William Davis, Deborah L. Graham and Cynthia Soto)

Last Action
DateChamber Action
  8/27/2007SenatePublic Act . . . . . . . . . 95-0437

Statutes Amended In Order of Appearance
225 ILCS 425/2from Ch. 111, par. 2002
225 ILCS 425/3from Ch. 111, par. 2006
225 ILCS 425/9.1 new
225 ILCS 425/9.2 new
225 ILCS 425/9.3 new
225 ILCS 425/9.4 new
815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z
225 ILCS 425/2.01 rep.
225 ILCS 425/2.02 rep.


Synopsis As Introduced
Amends the Collection Agency Act. Makes changes in provisions concerning definitions and entities acting as a collection agency. Sets forth requirements for debt collectors or collection agencies regarding communication with persons other than the debtor, communication conducted in connection with debt collection, validation of debts, and debt collection as a result of identity theft. Amends the Consumer Fraud and Deceptive Business Practices Act to provide that a violation of certain Sections of the Collection Agency Act constitutes an unlawful practice under the Act. Effective January 1, 2008.

Senate Committee Amendment No. 1
Deletes reference to:
815 ILCS 505/2Z
Adds reference to:
225 ILCS 425/9.7 new

Deletes everything after the enacting clause. Reinserts the provisions of the bill as introduced with the following changes. In the Collection Agency Act, exempts affiliates and subsidiaries of banks from the Act. Within 5 days after the initial communication with a debtor in connection with the collection of any debt, requires a debt collector or collection agency to send the debtor a written notice with disclosures, unless the disclosure information is contained in the initial communication (rather than in writing in the initial communication) or the debtor has paid the debt. Removes the amendatory provision of the Consumer Fraud and Deceptive Business Practices Act and instead further amends the Collection Agency Act to authorize the Attorney General to enforce knowing violations of certain Sections of the Collection Agency Act as unlawful practices under the Consumer Fraud and Deceptive Business Practices Act. Effective January 1, 2008.

Senate Floor Amendment No. 2
Exempts affiliates and subsidiaries of credit unions from the Collection Agency Act. Makes a technical correction.

Actions 
DateChamber Action
  2/9/2007SenateFiled with Secretary by Sen. Don Harmon
  2/9/2007SenateFirst Reading
  2/9/2007SenateReferred to Rules
  2/21/2007SenateAssigned to Licensed Activities
  3/2/2007SenatePostponed - Licensed Activities
  3/8/2007SenatePostponed - Licensed Activities
  3/13/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  3/13/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  3/14/2007SenateAdded as Chief Co-Sponsor Sen. Martin A. Sandoval
  3/14/2007SenateAdded as Chief Co-Sponsor Sen. Jeffrey M. Schoenberg
  3/14/2007SenateSenate Committee Amendment No. 1 Rules Refers to Licensed Activities
  3/14/2007SenateSenate Committee Amendment No. 1 Adopted
  3/15/2007SenateDo Pass as Amended Licensed Activities; 007-000-000
  3/15/2007SenatePlaced on Calendar Order of 2nd Reading March 20, 2007
  3/20/2007SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/20/2007SenateSecond Reading
  3/20/2007SenatePlaced on Calendar Order of 3rd Reading March 21, 2007
  3/20/2007SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
  3/20/2007SenateSenate Floor Amendment No. 2 Referred to Rules
  3/21/2007SenateSenate Floor Amendment No. 2 Rules Refers to Financial Institutions
  3/22/2007SenateSenate Floor Amendment No. 2 Recommend Do Adopt Financial Institutions; 009-000-000
  3/30/2007SenateRule 2-10 Third Reading Deadline Established As May 31, 2007
  4/19/2007SenateRecalled to Second Reading
  4/19/2007SenateSenate Floor Amendment No. 2 Adopted; Harmon
  4/19/2007SenatePlaced on Calendar Order of 3rd Reading
  4/19/2007SenateThird Reading - Passed; 056-000-000
  4/20/2007HouseArrived in House
  4/20/2007HousePlaced on Calendar Order of First Reading
  4/20/2007HouseChief House Sponsor Rep. Marlow H. Colvin
  4/20/2007HouseFirst Reading
  4/20/2007HouseReferred to Rules Committee
  4/30/2007HouseAssigned to Financial Institutions Committee
  5/8/2007HouseDo Pass / Short Debate Financial Institutions Committee; 022-000-000
  5/9/2007HousePlaced on Calendar 2nd Reading - Short Debate
  5/24/2007HouseSecond Reading - Short Debate
  5/24/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2007HouseAdded Alternate Chief Co-Sponsor Rep. Kenneth Dunkin
  5/30/2007HouseAdded Alternate Chief Co-Sponsor Rep. John A. Fritchey
  5/30/2007HouseAdded Alternate Chief Co-Sponsor Rep. Edward J. Acevedo
  5/30/2007HouseAdded Alternate Chief Co-Sponsor Rep. Monique D. Davis
  5/30/2007HouseAdded Alternate Co-Sponsor Rep. Joseph M. Lyons
  5/30/2007HouseAdded Alternate Co-Sponsor Rep. Karen A. Yarbrough
  5/30/2007HouseAdded Alternate Co-Sponsor Rep. William Davis
  5/30/2007HouseAdded Alternate Co-Sponsor Rep. Deborah L. Graham
  5/30/2007HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  5/30/2007HouseThird Reading - Short Debate - Passed 116-000-000
  5/30/2007SenatePassed Both Houses
  6/28/2007SenateSent to the Governor
  8/27/2007SenateGovernor Approved
  8/27/2007SenateEffective Date January 1, 2008
  8/27/2007SenatePublic Act . . . . . . . . . 95-0437

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