Illinois General Assembly - Full Text of HB1527
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Full Text of HB1527  103rd General Assembly

HB1527eng 103RD GENERAL ASSEMBLY

  
  
  

 


 
HB1527 EngrossedLRB103 26005 HEP 52359 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) Knowingly installing or using disablement technology
11in a motor violation of this Section is an unlawful practice
12within the meaning of the Consumer Fraud and Deceptive
13Business Practices Act. An assignee or successor in interest
14to a retail installment contract or other instrument who did
15not install, authorize, or ratify the installation of the
16disablement technology in a consumer's vehicle may not be held
17liable for the prior contract holder's installation of
18disablement technology unless the technology is activated or
19the consumer is threatened with activation by the assignee or
20successor in interest.
21    (d) Unless otherwise authorized by this Code, the
22activation of disablement technology in a motor vehicle for
23any length of time by any motor vehicle dealer or holder of a
24retail installment contract or other similar instrument is
25prohibited. Any consumer whose vehicle is subject to the
26activation of disablement technology may bring an action

 

 

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1against an activating person or entity for damages of $1,000
2per month per violation plus actual damages and attorney's
3fees. In addition, such activation constitutes a form of
4repossession of the motor vehicle under Section 9-601 of the
5Uniform Commercial Code, and all rights, requirements,
6protections, and remedies provided under the Uniform
7Commercial Code for the repossession of collateral apply.
 
8    (625 ILCS 5/12-615 new)
9    Sec. 12-615. Disablement technology, antitheft.
10    (a) Disablement technology may be offered for sale or sold
11only for antitheft purposes, either on its own or for an
12additional fee in connection with the purchase of a motor
13vehicle. Any motor vehicle dealer that sells a motor vehicle
14containing disablement technology shall:
15        (1) identify through a clear and conspicuous written
16    and oral disclosure provided separately to the consumer in
17    advance of any sale or execution of any loan agreement for
18    a motor vehicle:
19            (i) the existence of the disablement technology in
20        the motor vehicle, or the intent to install it, or have
21        it installed by a third party;
22            (ii) the brand name and model of the disablement
23        technology installed or to be installed in the
24        vehicle;
25            (iii) a statement that the disablement technology

 

 

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1        will not be used or activated by the motor vehicle
2        dealer, lender, or any other party as part of a
3        repossession or as a consequence for nonpayment of a
4        retail installment contract or other instrument; and
5            (iv) the type or types of data related to the
6        consumer or the consumer's use of the motor vehicle
7        generated, stored by, or transmitted through the
8        disablement technology;
9        (2) provide clear and conspicuous written instructions
10    to the consumer about the operation of the disablement
11    technology, including how to activate and deactivate the
12    technology, as well as any global positioning system or
13    other tracking features the particular type of disablement
14    technology may support;
15        (3) take reasonable steps to ensure, prior to sale,
16    that the consumer has sufficient technological means of
17    operating the disablement technology, such as routine
18    access to a computer with Internet access, if necessary;
19    and
20        (4) take no steps that would prevent or limit a
21    consumer's ability to operate the disablement technology,
22    including any global positioning system or other tracking
23    features.
24    (b) The consumer must provide express, written consent
25before the installation, activation, or use of the disablement
26technology.

 

 

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1    (c) A motor vehicle dealer shall not rescind an offer to
2sell a vehicle to a consumer solely because the consumer
3refuses to purchase disablement technology or otherwise allow
4disablement technology to be installed on the vehicle.
5    (d) Any motor vehicle dealer that sells a motor vehicle
6with disablement technology shall provide customer support via
7telephone and email for the disablement technology. At least
8one staff person must be available during the dealer's regular
9business hours to answer questions and troubleshoot the
10operation of the technology with the consumer.
11    (e) Data generated or stored by disablement technology as
12the result of a consumer's vehicle usage is the personal
13property of the consumer, and the consumer is entitled to all
14profits and other benefits flowing from the sharing or sale of
15this data.
16    (f) Data generated or stored by disablement technology
17that is installed in a consumer's vehicle, and data
18transmitted by or through the disablement technology that
19relates to the consumer or the consumer's use of a motor
20vehicle, may not be sold or otherwise shared with any third
21parties except as required by federal, State, or local law, or
22required by court order. An entity required to make a
23disclosure to a third party under federal, State, or local
24law, or by court order, shall make a reasonable effort to
25provide the consumer with timely, written notice of the
26required disclosure prior to making such a third-party

 

 

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1disclosure.
 
2    Section 10. The Consumer Fraud and Deceptive Business
3Practices Act is amended by changing Section 2Z as follows:
 
4    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
5    Sec. 2Z. Violations of other Acts. Any person who
6knowingly violates the Automotive Repair Act, the Automotive
7Collision Repair Act, the Home Repair and Remodeling Act, the
8Dance Studio Act, the Physical Fitness Services Act, the
9Hearing Instrument Consumer Protection Act, the Illinois Union
10Label Act, the Installment Sales Contract Act, the Job
11Referral and Job Listing Services Consumer Protection Act, the
12Travel Promotion Consumer Protection Act, the Credit Services
13Organizations Act, the Automatic Telephone Dialers Act, the
14Pay-Per-Call Services Consumer Protection Act, the Telephone
15Solicitations Act, the Illinois Funeral or Burial Funds Act,
16the Cemetery Oversight Act, the Cemetery Care Act, the Safe
17and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales
18Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
19the Predatory Loan Prevention Act, the Mortgage Rescue Fraud
20Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax
21Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use
22Tax Act, the Electronic Mail Act, the Internet Caller
23Identification Act, paragraph (6) of subsection (k) of Section
246-305 of the Illinois Vehicle Code, Section 11-1431, 12-614,

 

 

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118d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
2Illinois Vehicle Code, Article 3 of the Residential Real
3Property Disclosure Act, the Automatic Contract Renewal Act,
4the Reverse Mortgage Act, Section 25 of the Youth Mental
5Health Protection Act, the Personal Information Protection
6Act, or the Student Online Personal Protection Act commits an
7unlawful practice within the meaning of this Act.
8(Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
9100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)