Illinois General Assembly - Full Text of HB4767
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Full Text of HB4767  100th General Assembly

HB4767 100TH GENERAL ASSEMBLY


 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4767

 

Introduced , by Rep. Luis Arroyo

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/2VVV new

    Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the new provisions may be referred to 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. Requires a wireless telephone service provider to give a consumer a written statement of the consumer's rights. Provides that a violation is an unlawful practice within the meaning of the Act.


LRB100 17434 JLS 32602 b

 

 

A BILL FOR

 

HB4767LRB100 17434 JLS 32602 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Cell Phone
5Lemon Law.
 
6    Section 5. The Consumer Fraud and Deceptive Business
7Practices Act is amended by adding Section 2VVV as follows:
 
8    (815 ILCS 505/2VVV new)
9    Sec. 2VVV. Wireless telephones and contracts.
10    (a) As used in this Section:
11    "Wireless telephone" means a telephone that operates
12without a physical wireline connection to the provider's
13equipment. The term includes, but is not limited to, cellular
14and mobile telephones.
15    "Wireless telephone service provider" includes a wireless
16telephone service provider and its dealers, distributors, and
17agents.
18    (b) This Section applies to any retail sale of a new
19wireless telephone on or the effective date of this amendatory
20Act of the 100th General Assembly to a consumer in this State
21by a wireless telephone service provider in conjunction with a
22contract for wireless telephone service.

 

 

HB4767- 2 -LRB100 17434 JLS 32602 b

1    (c) If, within the period of a contract for wireless
2telephone service, the wireless telephone sold in conjunction
3with a contract for wireless telephone service requires repair
4or replacement on 3 or more occasions, the consumer may, in
5lieu of having the telephone repaired or replaced on the third
6or subsequent occasion, choose either of the following options:
7        (1) The consumer may choose to cancel the contract for
8    wireless telephone service without paying any early
9    termination fee, penalty, or charge.
10        (2) The consumer may elect to upgrade or downgrade his
11    or her telephone. If the consumer chooses to upgrade his or
12    her telephone, then the consumer shall pay the difference
13    between the price of his or her current telephone and the
14    "best promotional price" of the telephone to which he or
15    she is upgrading. If the consumer chooses to downgrade his
16    or her telephone, then the consumer shall receive a credit
17    for the difference between the price of his or her current
18    telephone and the "best promotional price" of the telephone
19    to which he or she is downgrading. If the consumer chooses
20    the option of downgrading or upgrading his or her
21    telephone, the consumer must be allowed to do so without
22    the action automatically renewing his or her contract for
23    wireless telephone service or extending it. The consumer
24    must be allowed to change his or her telephone and continue
25    with his or her current contract.
26    (d) The wireless telephone service provider shall give a

 

 

HB4767- 3 -LRB100 17434 JLS 32602 b

1consumer a written statement of the consumer's rights under
2this Section when a sale is made to which this Section applies.
3    (e) This Section does not apply to any repair to or
4replacement of a phone that was damaged or failed to work
5properly as a result of some action by the consumer. The types
6of damage creating an inference of consumer action include, but
7are not limited to, the following: equipment showing signs of
8water (or other liquid) damage; equipment showing signs of
9physical impact; a scratched or broken casing; forced
10components or buttons; and other external damage.
11    (f) This Section does not apply to the quality or lack of
12services, including, but not limited to, cellular or other
13subscribed services available to the consumer, contractually
14agreed upon rates, and equipment compatibility issues.
15    (g) A person who violates this Section commits an unlawful
16practice within the meaning of this Act.