Bill Status of HB1958  95th General Assembly

Short Description:  CONSUMER FRAUD-WIRELESS PHONE

House Sponsors
Rep. Susana A Mendoza - Michael J. Madigan - Jack D. Franks - Joe Dunn - Deborah L. Graham, Luis Arroyo, Daniel J. Burke, Julie Hamos, Aaron Schock, Cynthia Soto, Maria Antonia Berrios, Lou Lang, Annazette Collins, Linda Chapa LaVia, Fred Crespo, Elaine Nekritz, Arthur L. Turner, LaShawn K. Ford, Elga L. Jefferies, Joseph M. Lyons, John D'Amico, Greg Harris, Mike Boland, Jack McGuire, Careen M Gordon, Brandon W. Phelps, Karen A. Yarbrough and Al Riley

Senate Sponsors
(Sen. Mike Jacobs)

Last Action
DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
815 ILCS 505/2ZZ new


Synopsis As Introduced
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the new provisions may be cited as the Cell Phone Lemon Law. Provides that if, within the period of a contract for wireless telephone service, a wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement on 3 or more occasions, the consumer may, in lieu of having the telephone repaired or replaced on the third or subsequent occasion: choose to cancel the contract for wireless telephone service without paying any early termination fee, penalty, or charge; or elect to upgrade or downgrade the telephone in accordance with specified provisions. Provides that if, within the period of a contract for wireless telephone service, the wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement that results in the telephone being unavailable to the consumer for one day or more, or the consumer does not have full access to all of the contracted services for one day or more, the wireless telephone service provider shall pay the consumer $25 for each day the telephone is unavailable to the consumer or each day the consumer does not have full access to all of the contracted services. Requires a wireless telephone service provider to give a consumer a written statement of the consumer's rights. Provides that any repair to or replacement of a phone that was damaged or failed to work properly as a result of some action by the consumer is not covered by the listed Section. Makes violation of the new provisions an unlawful practice within the meaning of the Act.

 Judicial Note (Admin Office of the Illinois Courts)
 Based on a review of the bill it has been determined that the bill would neither increase nor decrease the number of judges needed in the State.

 Housing Affordability Impact Note (Housing Development Authority)
 This legislation will have no fiscal effect on constructing, purchasing, owning, or selling a single-family residence.

 Pension Note (Government Forecasting & Accountability)
 HB 1958 will not impact any public pension fund or retirement system in Illinois.

 State Debt Impact Note (Government Forecasting & Accountability)
 HB 1958 would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Fiscal Note (Office of the Attorney General)
 HB 1958 will not have a measurable fiscal impact on the Office of the Attorney General.

 Balanced Budget Note (Office of Management and Budget)
 HB 1958 will have no significant impact on the Fiscal Year 2008 budget.

House Floor Amendment No. 1
Deletes language providing that if, within the period of a contract for wireless telephone service, the wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement that results in the telephone being unavailable to the consumer for one day or more, or the consumer does not have full access to all of the contracted services for one day or more, the wireless telephone service provider shall pay the consumer $25 for each day the telephone is unavailable to the consumer or each day the consumer does not have full access to all of the contracted services. Lists certain types of damage that create an inference that the damage was the result of action by the consumer. Provides that the provision does not apply to the quality or lack of services available to the consumer.

 State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
 In the opinion of the Department of Commerce and Economic Opportunity, HB 1958 does not create a State mandate under the State Mandates Act.

 Home Rule Note (Dept. of Commerce & Economic Opportunity)
 It is the opinion of the Department of Commerce and Economic Opportunity that HB 1958 does not pre-empt home rule authority.

Actions 
DateChamber Action
  2/23/2007HouseFiled with the Clerk by Rep. Susana A Mendoza
  2/23/2007HouseFirst Reading
  2/23/2007HouseReferred to Rules Committee
  2/27/2007HouseAssigned to Consumer Protection Committee
  3/6/2007HouseAdded Co-Sponsor Rep. Luis Arroyo
  3/6/2007HouseAdded Co-Sponsor Rep. Deborah L. Graham
  3/6/2007HouseAdded Co-Sponsor Rep. Daniel J. Burke
  3/6/2007HouseAdded Co-Sponsor Rep. Julie Hamos
  3/6/2007HouseAdded Co-Sponsor Rep. Aaron Schock
  3/6/2007HouseAdded Co-Sponsor Rep. Cynthia Soto
  3/6/2007HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  3/6/2007HouseAdded Co-Sponsor Rep. Lou Lang
  3/6/2007HouseAdded Co-Sponsor Rep. Annazette Collins
  3/6/2007HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/6/2007HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/6/2007HouseAdded Co-Sponsor Rep. Fred Crespo
  3/6/2007HouseAdded Co-Sponsor Rep. Elaine Nekritz
  3/6/2007HouseAdded Co-Sponsor Rep. Arthur L. Turner
  3/8/2007HouseAdded Chief Co-Sponsor Rep. Michael J. Madigan
  3/8/2007HouseAdded Chief Co-Sponsor Rep. Robert Rita
  3/8/2007HouseAdded Chief Co-Sponsor Rep. Robert S. Molaro
  3/8/2007HouseAdded Chief Co-Sponsor Rep. Elizabeth Hernandez
  3/13/2007HouseDo Pass / Short Debate Consumer Protection Committee; 008-004-000
  3/14/2007HousePlaced on Calendar 2nd Reading - Short Debate
  3/14/2007HouseJudicial Note Filed
  3/15/2007HouseHousing Affordability Impact Note Filed
  3/19/2007HousePension Note Filed
  3/19/2007HouseState Debt Impact Note Filed
  3/21/2007HouseFiscal Note Filed
  3/21/2007HouseBalanced Budget Note Filed
  4/4/2007HouseRemove Chief Co-Sponsor Rep. Robert Rita
  4/5/2007HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Susana A Mendoza
  4/5/2007HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/17/2007HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-001-000
  4/18/2007HouseState Mandates Fiscal Note Filed
  4/18/2007HouseHome Rule Note Filed
  4/19/2007HouseSecond Reading - Short Debate
  4/19/2007HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  4/19/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/24/2007HouseRemove Chief Co-Sponsor Rep. Robert S. Molaro
  4/24/2007HouseRemove Chief Co-Sponsor Rep. Elizabeth Hernandez
  4/24/2007HouseAdded Chief Co-Sponsor Rep. Jack D. Franks
  4/24/2007HouseRemoved Co-Sponsor Rep. Jack D. Franks
  4/24/2007HouseAdded Chief Co-Sponsor Rep. Joe Dunn
  4/24/2007HouseAdded Chief Co-Sponsor Rep. Deborah L. Graham
  4/24/2007HouseRemoved Co-Sponsor Rep. Deborah L. Graham
  4/24/2007HouseAdded Co-Sponsor Rep. LaShawn K. Ford
  4/24/2007HouseAdded Co-Sponsor Rep. Elga L. Jefferies
  4/24/2007HouseAdded Co-Sponsor Rep. Joseph M. Lyons
  4/24/2007HouseAdded Co-Sponsor Rep. John D'Amico
  4/24/2007HouseAdded Co-Sponsor Rep. Monique D. Davis
  4/24/2007HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  4/24/2007HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  4/24/2007HouseAdded Co-Sponsor Rep. Greg Harris
  4/24/2007HouseAdded Co-Sponsor Rep. Mike Boland
  4/24/2007HouseAdded Co-Sponsor Rep. Jack McGuire
  4/24/2007HouseAdded Co-Sponsor Rep. Careen M Gordon
  4/24/2007HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  4/24/2007HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  4/24/2007HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  4/24/2007HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  4/24/2007HouseAdded Co-Sponsor Rep. Al Riley
  4/25/2007HouseRemoved Co-Sponsor Rep. Kenneth Dunkin
  4/25/2007HouseRemoved Co-Sponsor Rep. Charles E. Jefferson
  4/25/2007HouseRemoved Co-Sponsor Rep. Monique D. Davis
  4/25/2007HouseRemoved Co-Sponsor Rep. Edward J. Acevedo
  4/25/2007HouseRemoved Co-Sponsor Rep. Lisa M. Dugan
  4/26/2007HouseThird Reading - Short Debate - Passed 072-043-002
  5/1/2007SenateArrive in Senate
  5/1/2007SenatePlaced on Calendar Order of First Reading
  5/1/2007SenateChief Senate Sponsor Sen. Mike Jacobs
  5/1/2007SenateFirst Reading
  5/1/2007SenateReferred to Rules
  5/15/2008SenateRule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee
  1/13/2009HouseSession Sine Die