97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5510

 

Introduced , by Rep. Emily McAsey

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/17-5  from Ch. 38, par. 17-5

    Amends the Criminal Code of 1961. Makes a technical change in a Section concerning deceptive collection practices.


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A BILL FOR

 

HB5510LRB097 20456 JWD 65967 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 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 the Collection Agency
9Act or any employee of such collection agency commits a
10deceptive collection practice when, with the intent to collect
11a debt owed to an individual or a corporation or other entity,
12he, she, or it does any of the following:
13    (a) Represents falsely that he or she is an attorney, a
14policeman, a sheriff or deputy sheriff, a bailiff, a county
15clerk or employee of a county clerk's office, or any other
16person who by statute is authorized to enforce the law or any
17order of a court.
18    (b) While attempting to collect an alleged debt,
19misrepresents to the alleged debtor or to his or her immediate
20family the corporate, partnership or proprietary name or other
21trade or business name under which the debt collector is
22engaging in debt collections and which he, she, or it is
23legally authorized to use.

 

 

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1    (c) While attempting to collect an alleged debt, adds to
2the debt any service charge, interest or penalty which he, she,
3or it is not entitled by law to add.
4    (d) Threatens to ruin, destroy, or otherwise adversely
5affect an alleged debtor's credit rating unless, at the same
6time, a disclosure is made in accordance with federal law that
7the alleged debtor has a right to inspect his or her credit
8rating.
9    (e) Accepts from an alleged debtor a payment which he, she,
10or it knows is not owed.
11    Sentence. The commission of a deceptive collection
12practice is a Business Offense punishable by a fine not to
13exceed $3,000.
14(Source: P.A. 96-1551, eff. 7-1-11.)