97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4123

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 301/15
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

    Amends the Assistive Technology Warranty Act. Provides that complaints arising under the replacement and refund provisions of the Act may be filed with the Office of the Attorney General. Provides that the Office of the Attorney General shall designate an Assistant Attorney General from the Attorney General's Consumer Fraud Bureau to handle the complaints. Provides that the Office of the Attorney General shall establish a toll-free telephone number and website that consumers may use to file complaints. Establishes that a violation of the replacement and refund provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Grants to the Attorney General enforcement powers and remedies under the Consumer Fraud and Deceptive Business Practices Act with respect to certain actions under the Assistive Technology Warranty Act. Makes conforming changes in the Consumer Fraud and Deceptive Business Practices Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4123LRB097 15752 JLS 62077 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 5. The Assistive Technology Warranty Act is amended
5by changing Section 15 as follows:
 
6    (815 ILCS 301/15)
7    Sec. 15. Assistive technology device replacement or
8refund.
9    (a) If a new assistive technology device does not conform
10to an applicable express warranty and the consumer (i) reports
11the nonconformity to the manufacturer, the assistive
12technology device lessor, or any of the manufacturer's
13authorized assistive technology device dealers and (ii) makes
14the assistive technology device available for repair before one
15year after the first delivery of the device to the consumer or
16within the period of the express warranty if the express
17warranty is longer than one year, then a reasonable attempt to
18repair the nonconformity must be made at no charge to the
19consumer.
20    (b) If, after a reasonable attempt to repair, the
21nonconformity is not repaired, the person from whom the
22assistive technology device was purchased or leased must carry
23out the requirements of either item (1) or item (2) of this

 

 

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1subsection at the option of the consumer:
2        (1) The person from whom the assistive technology
3    device was purchased or leased shall provide a refund to
4    the consumer within 30 days after the request by the
5    consumer. If the consumer chooses this option, he or she
6    shall return the device having a nonconformity to the
7    person from whom the assistive technology device was
8    purchased or leased along with any endorsements necessary
9    to transfer legal possession to the person from whom the
10    assistive technology device was purchased or leased.
11         If the assistive technology device was purchased by
12    the consumer, the person from whom the assistive technology
13    device was purchased shall accept return of the assistive
14    technology device and refund to the consumer, and to any
15    holder of a perfected security interest in the assistive
16    technology device as the holder's interest may appear, the
17    full purchase price plus any finance charge paid by the
18    consumer at the point of sale and collateral costs, less a
19    reasonable allowance for use.
20         If the assistive technology device was leased by the
21    consumer, the person from whom the assistive technology
22    device was leased shall accept return of the device, refund
23    to the assistive technology lessor and to any holder of a
24    perfected security interest in the device, as the holder's
25    interest may appear, the current value of the written
26    lease, and refund to the consumer the amount that the

 

 

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1    consumer paid under the written lease plus any collateral
2    costs, less a reasonable allowance for use.
3        (2) The person from whom the assistive technology
4    device was purchased or leased shall provide a comparable
5    new assistive technology device. The consumer shall offer
6    to transfer possession of the device having a nonconformity
7    to the person from whom the assistive technology device was
8    purchased or leased. No later than 30 days after that
9    offer, the person from whom the assistive technology device
10    was purchased or leased shall provide the consumer with the
11    comparable new assistive device. Upon receipt of the
12    comparable new assistive device, the consumer shall return
13    the device having the nonconformity to the person from whom
14    the assistive technology device was purchased or leased,
15    along with any endorsements necessary to transfer legal
16    possession to the person from whom the assistive technology
17    device was purchased or leased.
18    (c) For purposes of this Section, "current value of the
19written lease" means the total amount for which that lease
20obligates the consumer during the period of the lease remaining
21after its early termination, plus the assistive device lessor's
22early termination costs and the value of the assistive device
23at the lease expiration date if the lease sets forth that
24value, less the assistive device lessor's early termination
25savings.
26    (d) For purposes of this Section, a "reasonable allowance

 

 

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1for use" may not exceed the amount obtained by multiplying the
2total amount for which the written lease obligates the consumer
3by a fraction, the denominator of which is 1,825 and the
4numerator of which is the number of days that the consumer used
5the assistive device before first reporting the nonconformity
6to the person from whom the assistive technology device was
7purchased or leased.
8    (e) Complaints arising under this Section concerning
9nonconforming assistive technology devices may be filed with
10the Office of the Attorney General. The Attorney General shall:
11(1) designate an Assistant Attorney General from the Attorney
12General's Consumer Fraud Bureau to handle all complaints; and
13(2) establish a toll-free telephone number and website that
14consumers may utilize to file complaints.
15    A violation of the provisions of this Section by an
16assistive technology device dealer, an assistive technology
17device lessor, or a manufacturer is an unlawful practice under
18Section 2Z of the Consumer Fraud and Deceptive Business
19Practices Act. All remedies, penalties, and authority granted
20to the Attorney General by that Act shall be available to the
21Attorney General for the enforcement of this Section. In any
22action brought by the Attorney General to enforce this Act, the
23court may, in addition to other remedies available under this
24Section, order that persons who incurred actual damages be
25awarded the amount at which actual damages are assessed.
26(Source: P.A. 94-378, eff. 1-1-06.)
 

 

 

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1    Section 10. The Consumer Fraud and Deceptive Business
2Practices Act is amended by changing Section 2Z as follows:
 
3    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
4    Sec. 2Z. Violations of other Acts. Any person who knowingly
5violates the Automotive Repair Act, the Automotive Collision
6Repair Act, the Home Repair and Remodeling Act, the Dance
7Studio Act, the Physical Fitness Services Act, the Hearing
8Instrument Consumer Protection Act, the Illinois Union Label
9Act, the Job Referral and Job Listing Services Consumer
10Protection Act, the Travel Promotion Consumer Protection Act,
11the Credit Services Organizations Act, the Automatic Telephone
12Dialers Act, the Pay-Per-Call Services Consumer Protection
13Act, the Telephone Solicitations Act, the Illinois Funeral or
14Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
15Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales
16Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
17the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
183-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
193-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
20Internet Caller Identification Act, paragraph (6) of
21subsection (k) of Section 6-305 of the Illinois Vehicle Code,
22Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
23or 18d-153 of the Illinois Vehicle Code, Article 3 of the
24Residential Real Property Disclosure Act, the Automatic

 

 

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1Contract Renewal Act, Section 15 of the Assistive Technology
2Warranty Act, or the Personal Information Protection Act
3commits an unlawful practice within the meaning of this Act.
4(Source: P.A. 96-863, eff. 1-19-10; 96-1369, eff. 1-1-11;
596-1376, eff. 7-29-10; 97-333, eff. 8-12-11.)