HB2070ham001 95TH GENERAL ASSEMBLY

Rep. George Scully Jr.

Filed: 4/18/2007

09500HB2070ham001 LRB095 01546 MJR 34073 a

AMENDMENT TO HOUSE BILL 2070

AMENDMENT NO. ______. Amend House Bill 2070 by replacing everything after the enacting clause with the following:

"Section 5. The Collection Agency Act is amended by changing Section 3 as follows:

(225 ILCS 425/3) (from Ch. 111, par. 2006)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3. A person, association, partnership, corporation, or other legal entity acts as a collection agency when he, she, or it:

(a) Engages in the business of collection for others of any account, bill or other indebtedness;

(b) Receives, by assignment or otherwise, accounts, bills, or other indebtedness from any person owning or controlling 20% or more of the business receiving the assignment, with the purpose of collecting monies due on such account, bill or other indebtedness;

(c) Sells or attempts to sell, or gives away or attempts to give away to any other person, other than one registered under this Act, any system of collection, letters, demand forms, or other printed matter where the name of any person, other than that of the creditor, appears in such a manner as to indicate, directly or indirectly, that a request or demand is being made by any person other than the creditor for the payment of the sum or sums due or asserted to be due;

(d) Buys accounts, bills or other indebtedness with recourse and engages in collecting the same; or

(e) Uses a fictitious name in collecting its own accounts, bills, or debts with the intention of conveying to the debtor that a third party has been employed to make such collection; or .

(f) Is (i) an electric utility that served at least 100,000 customers in Illinois on December 31, 2005 or affiliated with such an electric utility and (ii) attempting to collect accounts, bills, or debts from retail electric customers in the service area of the electric utility company.

(Source: P.A. 94-414, eff. 12-31-05.)".