093_HB0455

 
                                     LRB093 05153 RLC 05213 b

 1        AN ACT in relation to criminal law.

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

 4        Section  5.   The  Criminal  Code  of  1961 is amended by
 5    changing Section 17-5 as follows:

 6        (720 ILCS 5/17-5) (from Ch. 38, par. 17-5)
 7        Sec. 17-5. Deceptive collection practices.
 8        A collection agency as defined in the "Collection  Agency
 9    Act"  or any employee of the such collection agency commits a
10    deceptive  collection  practice  when,  with  the  intent  to
11    collect a debt  owed  to  a  person,  corporation,  or  other
12    entity, he:
13        (a)  represents   falsely  that  he  is  an  attorney,  a
14    policeman, a sheriff or deputy sheriff, a bailiff,  a  county
15    clerk  or  employee  of a county clerk's office, or any other
16    person who by statute is authorized to enforce the law or any
17    order of a court; or
18        (b)  while  attempting  to  collect  an   alleged   debt,
19    misrepresents  to  the  alleged  debtor  or  to his immediate
20    family the corporate,  partnership  or  proprietary  name  or
21    other  trade  or business name under which the debt collector
22    is engaging in debt  collections  and  which  he  is  legally
23    authorized to use; or
24        (c)  while attempting to collect an alleged debt, adds to
25    the  debt any service charge, interest or penalty which he is
26    not entitled by law to add; or
27        (d)  threatens to ruin, destroy, or  otherwise  adversely
28    affect  an alleged debtor's credit rating unless, at the same
29    time, a disclosure is made in  accordance  with  federal  law
30    that  the  alleged  debtor  has a right to inspect his credit
31    rating; or



 
                            -2-      LRB093 05153 RLC 05213 b
 1        (e)  accepts from an alleged debtor a  payment  which  he
 2    knows is not owed.
 3        The  commission  of  a deceptive collection practice is a
 4    Business Offense punishable by a fine not to exceed $3,000.
 5    (Source: P.A. 78-1248.)