SB3616 100TH GENERAL ASSEMBLY

LRB100 22254 JLS 40904 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3616

Introduced 5/25/2018, by Sen. Andy Manar

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 any repair to or replacement of a telephone 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.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2VVV as follows:

(815 ILCS 505/2VVV new)

Sec. 2VVV. Wireless telephones and contracts.

(a) This Section may be referred to as the Cell Phone Lemon Law.

(b) As used in this Section:

"Wireless telephone" means a telephone that operates without a physical wireline connection to the provider's equipment. The term includes, but is not limited to, cellular and mobile telephones.

"Wireless telephone service provider" includes a wireless telephone service provider and its dealers, distributors, and agents.

(c) This Section applies to any retail sale of a new wireless telephone on or the effective date of this amendatory Act of the 100th General Assembly to a consumer in this State by a wireless telephone service provider in conjunction with a contract for wireless telephone service.

(d) 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 on 3 or more occasions, the consumer may, in lieu of having the telephone repaired or replaced on the third or subsequent occasion, choose either of the following options:

(1) The consumer may choose to cancel the contract for wireless telephone service without paying any early termination fee, penalty, or charge.

(2) The consumer may elect to upgrade or downgrade his or her telephone. If the consumer chooses to upgrade his or her telephone, then the consumer shall pay the difference between the price of his or her current telephone and the best promotional price of the telephone to which he or she is upgrading. If the consumer chooses to downgrade his or her telephone, then the consumer shall receive a credit for the difference between the price of his or her current telephone and the best promotional price of the telephone to which he or she is downgrading. If the consumer chooses the option of downgrading or upgrading his or her telephone, the consumer must be allowed to do so without the action automatically renewing his or her contract for wireless telephone service or extending it. The consumer must be allowed to change his or her telephone and continue with his or her current contract.

(e) The wireless telephone service provider shall give a consumer a written statement of the consumer's rights under this Section when a sale is made to which this Section applies.

(f) This Section does not apply to any repair to or replacement of a telephone that was damaged or failed to work properly as a result of some action by the consumer. The types of damage creating an inference of consumer action include, but are not limited to, the following: equipment showing signs of water (or other liquid) damage; equipment showing signs of physical impact; a scratched or broken casing; forced components or buttons; and other external damage.

(g) This Section does not apply to the quality or lack of services, including, but not limited to, cellular or other subscribed services available to the consumer, contractually agreed upon rates, and equipment compatibility issues.

(h) A person who violates this Section commits an unlawful practice within the meaning of this Act.