Full Text of SB2135 103rd General Assembly
SB2135 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2135 Introduced 2/10/2023, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
| 815 ILCS 505/2Z | from Ch. 121 1/2, par. 262Z | 815 ILCS 605/1 | from Ch. 121 1/2, par. 2101 | 815 ILCS 605/3 | from Ch. 121 1/2, par. 2103 | 815 ILCS 605/5 | from Ch. 121 1/2, par. 2105 | 815 ILCS 605/5.5 new | | 815 ILCS 605/6 | from Ch. 121 1/2, par. 2106 | 815 ILCS 605/7 | from Ch. 121 1/2, par. 2107 | 815 ILCS 605/8 | from Ch. 121 1/2, par. 2108 | 815 ILCS 605/9 | from Ch. 121 1/2, par. 2109 | 815 ILCS 605/11 | from Ch. 121 1/2, par. 2111 | 815 ILCS 605/14 | from Ch. 121 1/2, par. 2114 | 815 ILCS 605/15 | from Ch. 121 1/2, par. 2115 | 815 ILCS 605/17 new | | 815 ILCS 605/10 rep. | |
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Amends the Credit Services Organizations Act. Changes the name of the Act to the Credit Repair Organizations Act. Provides that the Director of Financial and Professional Regulation shall oversee the activities of credit repair organizations and compliance with the Act. Provides that a credit repair organization shall submit a report every 6 months to the Director containing specified information. Provides that the Director may adopt rules necessary to administer the Act. Makes changes in provisions concerning contracts between a buyer and a credit repair organization; registration of credit repair organizations; violations of the Act; and remedies. Repeals provisions concerning surety bonds. Defines terms. Repeals provisions concerning surety bonds. Amends the Consumer Fraud and Deceptive Business Practices Act to make conforming changes. Effective January 1, 2024.
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| | A BILL FOR |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Consumer Fraud and Deceptive Business | 5 | | Practices Act is amended by changing Section 2Z as follows:
| 6 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 7 | | Sec. 2Z. Violations of other Acts. Any person who | 8 | | knowingly violates
the Automotive Repair Act, the Automotive | 9 | | Collision Repair Act,
the Home Repair and Remodeling Act,
the | 10 | | Dance Studio Act,
the Physical Fitness Services Act,
the | 11 | | Hearing Instrument Consumer Protection Act,
the Illinois Union | 12 | | Label Act, the Installment Sales Contract Act,
the Job | 13 | | Referral and Job Listing Services Consumer Protection Act,
the | 14 | | Travel Promotion Consumer Protection Act,
the Credit Repair | 15 | | Services Organizations Act,
the Automatic Telephone Dialers | 16 | | Act,
the Pay-Per-Call Services Consumer Protection Act,
the | 17 | | Telephone Solicitations Act,
the Illinois Funeral or Burial | 18 | | Funds Act,
the Cemetery Oversight Act, the Cemetery Care Act,
| 19 | | the Safe and Hygienic Bed Act,
the Illinois Pre-Need Cemetery | 20 | | Sales Act,
the High Risk Home Loan Act, the Payday Loan Reform | 21 | | Act, the Predatory Loan Prevention Act, the Mortgage Rescue | 22 | | Fraud Act, subsection (a) or (b) of Section 3-10 of the
| 23 | | Cigarette Tax Act, subsection
(a) or (b) of Section 3-10 of the |
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| 1 | | Cigarette Use Tax Act, the Electronic
Mail Act, the Internet | 2 | | Caller Identification Act, paragraph (6)
of
subsection (k) of | 3 | | Section 6-305 of the Illinois Vehicle Code, Section 11-1431, | 4 | | 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the | 5 | | Illinois Vehicle Code, Article 3 of the Residential Real | 6 | | Property Disclosure Act, the Automatic Contract Renewal Act, | 7 | | the Reverse Mortgage Act, Section 25 of the Youth Mental | 8 | | Health Protection Act, the Personal Information Protection | 9 | | Act, or the Student Online Personal Protection Act commits an | 10 | | unlawful practice within the meaning of this Act.
| 11 | | (Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | 12 | | 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.) | 13 | | Section 10. The Credit Services Organizations Act is | 14 | | amended by changing Sections 1, 3, 5, 6, 7, 8, 9, 11, 14, and | 15 | | 15, and by adding Sections 5.5 and 17 as follows:
| 16 | | (815 ILCS 605/1) (from Ch. 121 1/2, par. 2101)
| 17 | | Sec. 1.
This Act shall be known and may be cited as the | 18 | | "Credit Repair
Services Organizations Act".
| 19 | | (Source: P.A. 85-1384.)
| 20 | | (815 ILCS 605/3) (from Ch. 121 1/2, par. 2103)
| 21 | | Sec. 3. As used in this Act:
| 22 | | (a) "Buyer" means an individual who is solicited to | 23 | | purchase or who
purchases the services of a credit repair |
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| 1 | | services organization.
| 2 | | (b) "Consumer reporting agency" has the meaning assigned | 3 | | by Section
603(f), Fair Credit Reporting Act (15 U.S.C. | 4 | | Section 1681a(f)).
| 5 | | (c) "Extension of Credit" means the right to defer payment | 6 | | of a debt or
to incur a debt and defer its payment offered or | 7 | | granted primarily for
personal, family, or household purposes.
| 8 | | (d) "Credit Repair Services Organization" means a person | 9 | | who, with respect to
the extension of credit by others and in | 10 | | return for the payment of money or
other valuable | 11 | | consideration, provides, or represents that the person can
or | 12 | | will provide, any of the following services:
| 13 | | (i) improving a buyer's credit record, history, or | 14 | | rating;
| 15 | | (ii) obtaining an extension of credit for a buyer; or
| 16 | | (iii) providing advice or assistance to a buyer with | 17 | | regard to either
subsection (i) or (ii).
| 18 | | "Credit Repair Services Organization" does not include any | 19 | | of the following:
| 20 | | (i) a person authorized to make loans or extensions of | 21 | | credit under the
laws of this State or the United States | 22 | | who is subject to regulation and
supervision by this State | 23 | | or the United States, or a lender approved by the
United | 24 | | States Secretary of Housing and Urban Development for | 25 | | participation
in a mortgage insurance program under the | 26 | | National Housing Act (12 U.S.C.
Section 1701 et seq.);
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| 1 | | (ii) a bank or savings and loan association whose | 2 | | deposits or accounts
are eligible for insurance by the | 3 | | Federal Deposit Insurance Corporation or
the Federal | 4 | | Savings and Loan Insurance Corporation, or a subsidiary of | 5 | | such
a bank or savings and loan association;
| 6 | | (iii) a credit union doing business in this State;
| 7 | | (iv) a nonprofit organization exempt from taxation | 8 | | under Section
501(c)(3) of the Internal Revenue Code of | 9 | | 1986, provided that such
organization does not charge or | 10 | | receive any money or
other valuable consideration prior to | 11 | | or upon the execution of a contract or
other agreement | 12 | | between the buyer and the nonprofit organization;
| 13 | | (v) a person licensed as a real estate broker by this | 14 | | state if the
person is acting within the course and scope | 15 | | of that license;
| 16 | | (vi) an attorney licensed or otherwise authorized to | 17 | | practice in this State if: a person licensed to practice | 18 | | law in this State acting within the
course and scope of the | 19 | | person's practice as an attorney;
| 20 | | (1) the attorney's practice does not principally | 21 | | involve services regulated by this Act, other than | 22 | | litigation; | 23 | | (2) the attorney does not have any relationship | 24 | | with a credit repair organization that provides | 25 | | services regulated by this Act; or | 26 | | (3) any services provided by the attorney that are |
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| 1 | | regulated by this Act and are incidental to the | 2 | | primary purpose of the representation;
| 3 | | (vii) a broker-dealer registered with the Securities | 4 | | and Exchange
Commission or the Commodity Futures Trading | 5 | | Commission acting within the
course and scope of that | 6 | | regulation;
| 7 | | (viii) a consumer reporting agency; and
| 8 | | (ix) a residential mortgage loan broker or banker who | 9 | | is duly licensed
under the Illinois Residential Mortgage | 10 | | License Act of 1987.
| 11 | | (e) "Person" means an individual, corporation, | 12 | | partnership, joint
venture or any business entity.
| 13 | | (f) "Consumer report" has the meaning assigned by Section | 14 | | 1681a(d) of the Fair Credit Reporting Act (15 U.S.C. Section | 15 | | 1681a(d)). | 16 | | (g) "Contract start date" means the date the consumer | 17 | | entered into a contract with a credit repair organization. | 18 | | (h) "Director" means the Director of Financial and | 19 | | Professional Regulation. | 20 | | (i) "Permanent change" means any removal of negative items | 21 | | from a consumer's credit report or any change that turns a | 22 | | negative item on a consumer's credit report into a neutral or | 23 | | positive item change to the consumer's credit report that | 24 | | remains in place for at least 6 months. | 25 | | (Source: P.A. 88-120.)
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| 1 | | (815 ILCS 605/5) (from Ch. 121 1/2, par. 2105)
| 2 | | Sec. 5.
No credit repair services organization, its | 3 | | salespersons, agents or
representatives, or any independent | 4 | | contractor who sells or attempts to
sell the services of a | 5 | | credit repair services organization shall:
| 6 | | (1) Charge or receive any money or other valuable | 7 | | consideration prior to : | 8 | | (A) the
full and complete achievement of a permanent | 9 | | change; and | 10 | | (B) demonstrating achievement of the permanent change | 11 | | by providing the buyer with: | 12 | | (i) a copy of the buyer's credit report pulled on | 13 | | or before the contract start date; | 14 | | (ii) a second copy of the buyer's credit report, | 15 | | pulled after the contract start date, that shows the | 16 | | change for which the buyer is to be charged if the | 17 | | change persists for 6 months; and | 18 | | (iii) a third copy of the buyer's credit report, | 19 | | pulled 6 months after the issuance of the copy | 20 | | described in item (ii), that shows the persistence of | 21 | | the change described in item (ii) performance of the | 22 | | services the credit services
organization has agreed | 23 | | to perform for or on behalf of the buyer, unless
the | 24 | | credit services organization has, in conformity with | 25 | | Section 10 of this
Act, obtained a surety bond issued | 26 | | by a surety company licensed to do
business in this |
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| 1 | | State. If a credit services organization is in | 2 | | compliance
with this subsection the salespersons, | 3 | | agents, and representatives who sell
the services of | 4 | | such organization shall not be required to obtain the
| 5 | | surety bond provided for by this Act .
| 6 | | (1.5) Deny a buyer's request for a copy of all | 7 | | communications contemporaneously sent to a credit reporting | 8 | | agency related to the achievement of a specified permanent | 9 | | change. | 10 | | (2) Charge or receive any money or other valuable | 11 | | consideration solely
for the referral of a buyer to a retail | 12 | | seller who will or may extend
credit to the buyer if such | 13 | | extension of credit is in substantially the
same terms as | 14 | | those available to the general public.
| 15 | | (2.5) Pay, offer, or receive any money or other variable | 16 | | consideration for the referral of a buyer to or from the credit | 17 | | repair organization. | 18 | | (2.6) Represent temporary changes to a buyer's credit | 19 | | report, as described in paragraph (4) of subsection (b) of | 20 | | Section 5.5 as successful results in advertisements. | 21 | | (3) Make, or advise any buyer to make, any statement that | 22 | | is untrue or
misleading, or that should be known by the | 23 | | exercise of reasonable care to
be untrue or misleading, with | 24 | | respect to a buyer's credit reporting agency
or to any person | 25 | | who has extended credit to a buyer or to whom a buyer has
made | 26 | | application for an extension of credit.
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| 1 | | (4) Make or use any untrue or misleading representations | 2 | | in the offer or
sale of the services of a credit repair | 3 | | services organization or engage, directly
or indirectly, in | 4 | | any act, practice or course of business intended to
defraud or | 5 | | deceive a buyer in connection with the office or sale of such
| 6 | | services; including but not limited to: the amount or type of | 7 | | credit a
consumer can expect to receive as a result of the | 8 | | performance of the
services offered; the qualifications, | 9 | | training or experience of its
personnel; or the amount of | 10 | | credit improvement the consumer can expect to
receive as a | 11 | | result of the services.
| 12 | | (Source: P.A. 85-1384.)
| 13 | | (815 ILCS 605/5.5 new) | 14 | | Sec. 5.5. Duties of the Director. | 15 | | (a) The Director shall oversee the activities of credit | 16 | | repair organizations and compliance with this Act. | 17 | | (b) A credit repair organization shall submit a report | 18 | | every 6 months to the Director, in a form and manner as the | 19 | | Director may prescribe, containing the following information: | 20 | | (1) the number of buyers under contract with the | 21 | | credit repair organization during the reporting term; | 22 | | (2) the number of credit report items questioned for | 23 | | each buyer under contract through a dispute, a complaint, | 24 | | or some other documented action by the credit repair | 25 | | organization since the contract start date; |
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| 1 | | (3) the number of items successfully removed from each | 2 | | buyer's credit report; | 3 | | (4) the number of items reinserted in a buyer's credit | 4 | | reports within 6 months; | 5 | | (5) the number of items that stayed off a buyers' | 6 | | credit reports for 6 or more months; and | 7 | | (6) any additional information as determined by the | 8 | | Director. | 9 | | (c) A credit repair organization shall file with the | 10 | | Director, every 6 months, the statistical proof that confirms | 11 | | the information used to demonstrate successful results in | 12 | | advertisements, including, but not limited to, advertisements | 13 | | sent by mail, posted on the Internet, printed in newspapers or | 14 | | other publications, and sent electronically by text or e-mail. | 15 | | (d) The Director shall routinely audit the accuracy of the | 16 | | advertisements sent by credit services organizations. | 17 | | (e) The Director shall issue an annual report to the | 18 | | General Assembly, including a compilation of the statistical | 19 | | proof received from credit repair organizations as described | 20 | | in subsection (c) and an assessment of the quality of services | 21 | | provided by credit repair organizations to consumers.
| 22 | | (815 ILCS 605/6) (from Ch. 121 1/2, par. 2106)
| 23 | | Sec. 6.
Before the execution of a contract or other form of | 24 | | agreement
between a buyer and a credit repair services | 25 | | organization or before the receipt by
any such organization of |
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| 1 | | money or other valuable consideration, whichever
occurs first, | 2 | | such organization shall provide the buyer with a statement, in
| 3 | | writing, containing the following:
| 4 | | (1) a complete and accurate statement of the buyer's | 5 | | right to review any
file on the buyer maintained by a | 6 | | consumer reporting agency, as provided
under the Fair | 7 | | Credit Reporting Act (15 U.S.C. Section 1681 et seq.);
| 8 | | (2) a statement that the buyer may review his consumer | 9 | | reporting agency
file at no charge if a request therefor | 10 | | is made to such
agency within
30 days after receipt by the | 11 | | buyer of notice that credit has
been
denied and if such | 12 | | request is not made within the allotted time, the
| 13 | | approximate charge to the buyer for such review;
| 14 | | (3) a complete and accurate statement of the buyer's | 15 | | right to dispute
the completeness or accuracy of any item | 16 | | contained in any file on the buyer
maintained by a | 17 | | consumer reporting agency;
| 18 | | (4) (blank); a complete and detailed description of | 19 | | the services to be performed
by the credit services | 20 | | organization and the total cost to the buyer for such
| 21 | | services;
| 22 | | (5) a statement notifying the buyer that: (i) credit | 23 | | reporting agencies
have no obligation to remove | 24 | | information from credit reports unless the
information is
| 25 | | erroneous, cannot be verified or is more than 7 years old; | 26 | | and (ii) credit
reporting agencies have no obligation to |
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| 1 | | remove information concerning
bankruptcies unless such | 2 | | information is more than 10 years old;
| 3 | | (6) (blank); and a statement asserting the buyer's | 4 | | right to proceed against the
surety bond required under | 5 | | Section 10; and
| 6 | | (7) (blank). the name and business address of any such | 7 | | surety company together
with the name and the number of | 8 | | the account.
| 9 | | The credit repair services organization shall maintain on | 10 | | file, for a period of
2 years after the date the statement is | 11 | | provided, an exact copy of
the
statement, signed by the buyer, | 12 | | acknowledging receipt of the statement.
| 13 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 14 | | (815 ILCS 605/7) (from Ch. 121 1/2, par. 2107)
| 15 | | Sec. 7.
(a) Each contract between the buyer and a credit | 16 | | repair services
organization for the purchase of the services | 17 | | of the credit repair services
organization shall be in | 18 | | writing, dated, signed by the buyer, and shall include all of | 19 | | the following :
| 20 | | (1) A complete and detailed description of the
terms and | 21 | | conditions of payment described in Section 5, whether to the | 22 | | credit repair organization or to another person. a conspicuous | 23 | | statement in boldfaced type, in immediate proximity to
the | 24 | | space reserved for the signature of the buyer, as follows:
| 25 | | "You, the buyer, may cancel this contract at any time |
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| 1 | | before midnight of
the third day after the date of the | 2 | | transaction. See the attached notice
of cancellation form for | 3 | | an explanation of this right";
| 4 | | (2) A complete and detailed description of the | 5 | | cancellation policy of the credit repair organization, that | 6 | | shall include the following provisions: the terms and | 7 | | conditions of payment, including the total of all
payments to | 8 | | be made by the buyer, whether to the credit services
| 9 | | organization or to another person;
| 10 | | (A) If a buyer seeks to stop using the services of a | 11 | | credit repair organization, the buyer shall submit a | 12 | | request to the credit repair organization to cancel the | 13 | | contract. A credit repair organization shall allow | 14 | | submission of a cancellation request electronically. | 15 | | (B) A credit repair organization that has received a | 16 | | request to cancel services for a buyer shall process the | 17 | | cancellation within 15 days after the postmark of any | 18 | | written request or of receipt of an electronic request, | 19 | | and cease to conduct any additional work on behalf of the | 20 | | buyer. | 21 | | (C) Consumers whose cancellation requests are | 22 | | processed and completed, remain obligated to pay for any | 23 | | permanent change resulting from actions taken by the | 24 | | credit repair organization during the contract term from | 25 | | the contract start date through the date the cancellation | 26 | | is processed. |
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| 1 | | (3) A a full and detailed description of the services to be | 2 | | performed by
the credit repair services organization for the | 3 | | buyer, including all guarantees
and all promises of full or | 4 | | partial refunds, and
the estimated date by which the services | 5 | | are to be performed or the
estimated length of time for | 6 | | performing the services . ; and
| 7 | | (4) The the address of the credit repair services | 8 | | organization's principal place of
business and the name and | 9 | | address of its agent in the State authorized to
receive | 10 | | service of process.
| 11 | | (b) (Blank). The contract must have two easily detachable | 12 | | copies of a notice of
cancellation. The notice must be in | 13 | | boldfaced type and in the following form:
| 14 | | "Notice of Cancellation"
| 15 | | "You may cancel this contract, without any penalty or | 16 | | obligation, within
three days after the date the contract is | 17 | | signed.
| 18 | | If you cancel, any payment made by you under this contract | 19 | | will be
returned within 10 days after the date of receipt by | 20 | | the seller of your
cancellation notice.
| 21 | | To cancel this contract, mail or deliver a signed, dated | 22 | | copy of this
cancellation notice, or other written notice to:
| 23 | | (name of seller) at (address of seller) (place of | 24 | | business) not later
than midnight (date)
| 25 | | I hereby cancel this transaction."
| 26 | | .............................. .............................
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| 1 | | (date) (purchaser's signature)
| 2 | | (c) The credit repair services organization shall give to | 3 | | the buyer a copy of
the completed contract and all other | 4 | | documents the credit repair services
organization requires the | 5 | | buyer to sign at the time they are signed.
| 6 | | (Source: P.A. 85-1384.)
| 7 | | (815 ILCS 605/8) (from Ch. 121 1/2, par. 2108)
| 8 | | Sec. 8.
(a) Any contract for services which does not | 9 | | comply with
applicable provisions of this article shall be | 10 | | void and unenforceable as
contrary to public policy. Any | 11 | | waiver by a buyer of the provisions of
this Act shall be deemed | 12 | | void and unenforceable by a credit services
organization as | 13 | | contrary to public policy. Any attempt by a credit repair
| 14 | | services organization to have a buyer waive rights granted by | 15 | | this Act
shall constitute a violation of this Act.
| 16 | | (b) The provisions of this Act shall apply to any person | 17 | | who seeks to evade its application by any device, subterfuge, | 18 | | or pretense, including, without limitation: | 19 | | (1) instructing or suggesting that a buyer make | 20 | | payments into an account controlled by a third party; | 21 | | (2) using any agents, affiliates, or subsidiaries in | 22 | | an attempt to avoid the application of the provisions of | 23 | | this Act; or | 24 | | (3) having any affiliation or other business | 25 | | arrangement with an entity that is exempt from the |
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| 1 | | provisions of this Act for the purpose of evading the | 2 | | provisions of this Act. | 3 | | (c) A violation of this Section shall constitute a | 4 | | violation of this Act. | 5 | | (Source: P.A. 85-1384.)
| 6 | | (815 ILCS 605/9) (from Ch. 121 1/2, par. 2109)
| 7 | | Sec. 9.
(a) A credit repair services organization shall | 8 | | file a registration
statement with the Secretary of State | 9 | | before conducting business in this
State. The registration | 10 | | statement shall contain:
| 11 | | (1) the name and address of the credit repair services | 12 | | organization;
| 13 | | (2) the name and address of the registered agent | 14 | | authorized to accept
service of process on behalf of the | 15 | | credit repair services organization;
| 16 | | (3) the name and address of any person who directly or | 17 | | indirectly owns
or controls 10 percent or more of the | 18 | | outstanding shares of stock in the
credit repair services | 19 | | organization; and
| 20 | | (4) the name, numbers, and location of the surety | 21 | | company issuing a
surety bond maintained as required by | 22 | | Section 10 of this Act.
| 23 | | (b) The registration statement must also contain either:
| 24 | | (1) a full and complete disclosure of any litigation | 25 | | or unresolved
complaint filed with a governmental |
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| 1 | | authority of this State, any other
state or the United | 2 | | States
relating to the operation of the credit repair | 3 | | services organization; or
| 4 | | (2) a notarized statement that states that there has | 5 | | been no litigation
or unresolved complaint filed with a | 6 | | governmental authority of this State,
any other state or | 7 | | the
United States relating to the operation of the credit | 8 | | repair services organization.
| 9 | | (c) The credit repair services organization shall update | 10 | | such statement not
later than the 90th day after the date on | 11 | | which a change in the information
required in the statement | 12 | | occurs.
| 13 | | (d) Each credit repair services organization registering | 14 | | under this Section
shall maintain a copy of the registration | 15 | | statement in their files. The
credit repair services | 16 | | organization shall allow a buyer to inspect the
registration | 17 | | statement on request.
| 18 | | (e) The Secretary of State may charge each credit repair | 19 | | services organization
that files a registration statement a | 20 | | reasonable fee not to exceed $100 to
cover the cost of filing.
| 21 | | (Source: P.A. 85-1384.)
| 22 | | (815 ILCS 605/11) (from Ch. 121 1/2, par. 2111)
| 23 | | Sec. 11.
(a) Any person injured by a violation of this Act | 24 | | or by the
credit repair services organization's breach of a | 25 | | contract entered into pursuant
to Section 7 of this Act, may |
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| 1 | | bring any action for recovery of actual
damages. Such person | 2 | | may also be awarded punitive damages, reasonable
attorney's | 3 | | fees and court costs.
| 4 | | (b) A violation of this Act shall be subject to a civil | 5 | | penalty of $5,000 for a first offense and $10,000 for a second | 6 | | and any subsequent offense. | 7 | | (Source: P.A. 85-1384.)
| 8 | | (815 ILCS 605/14) (from Ch. 121 1/2, par. 2114)
| 9 | | Sec. 14.
(a) In an action under this Act the burden of | 10 | | proving an
exemption under paragraph (d) of Section 3 is on the | 11 | | person claiming the exemption.
| 12 | | (b) Proof of reliance shall not be required to pursue a | 13 | | claim based on misrepresentation, false statements, or the | 14 | | omission of any material fact. | 15 | | (Source: P.A. 85-1384.)
| 16 | | (815 ILCS 605/15) (from Ch. 121 1/2, par. 2115)
| 17 | | Sec. 15.
The remedies provided by this Act are in addition | 18 | | to other
remedies provided by law. A violation of this Act | 19 | | shall also constitute a
violation of the Consumer Fraud and | 20 | | Deceptive Business Practices Act. A violation of the | 21 | | Telemarketing and Consumer Fraud and Abuse Prevention Act (15 | 22 | | U.S.C. Section 6101 et seq.), and its implementing | 23 | | regulations, 16 CFR 310.1 et | | | seq., or of the Credit Repair | 24 | | Organizations Act (15 U.S.C. Section 1679 et seq.) shall also |
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| 1 | | be a violation of this Act.
| 2 | | (Source: P.A. 85-1384.)
| 3 | | (815 ILCS 605/17 new) | 4 | | Sec. 17. Rulemaking. The Director may adopt rules | 5 | | necessary to administer this Act. | 6 | | (815 ILCS 605/10 rep.) | 7 | | Section 15. The Credit Services Organizations Act is | 8 | | amended by repealing Section 10.
| 9 | | Section 99. Effective date. This Act takes effect January | 10 | | 1, 2024.
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